Land entitlement and the right to development in Lesotho

Abstract

This article explores the question of land entitlement inbLesotho in relation to thebright to development enshrined in the African Charter. The Charter guarantees that the right to development is to be achieved with due regard to ‘the equal enjoyment of the common heritage’. The article argues that land is a common heritage, which ought to be utilised in a manner that meets a people’s collective aspirations for socioeconomic and cultural development. The article enquires how and to what extent the statutory and customary law regimes in Lesotho guarantee entitlement to the land as a common heritage, from the standpoint of law.