…say it fuels family conflicts, sidelines chiefs
Mathatisi Sebusi
SENATORS have expressed strong dissatisfaction with the Administration of Estate and Inheritance Act, 2024, claiming it causes confusion, fans family feuds and undermines traditional leadership structures.
These concerns were raised during a question and answer session in the Senate yesterday, where senators criticised the new law for what they described as its disruptive effects on family unity and erosion of the chiefs’ traditional role in settling inheritance-related disputes.
The Principal Chief of Leribe, Joel Motšoene, asked the Minister of Justice and Law, Richard Ramoeletsi, if he was aware that implementation of the law had led to a surge in family disputes.
He pressed the minister to explain what measures the government had put in place to address the conflicts — particularly where widows, orphans, and other vulnerable family members were affected.
“The minister should clarify what measures have been taken to address these conflicts, especially in cases where the law appears unclear or unfair to vulnerable groups,” Chief Motšoene said.
He also challenged the ministry to intensify public education campaigns to ensure that Basotho understood the new legal framework and their obligations under it.
Additionally, he demanded clarity on whether the government would consider amending sections of the Act that have proven problematic.
Echoing his sentiments, Principal Chief of Berea, Sempe Gabasheane Masupha, accused the legislation of shutting chiefs out of family affairs, saying it stripped them of the traditional authority to mediate disputes.
“What is sad is that this law has shut us out. Chiefs can no longer intervene or help families resolve conflicts caused by inheritance issues. This must change,” Chief Masupha lamented.
In response, Minister Ramoeletsi downplayed the senators’ concerns, saying his ministry was not aware of a surge in inheritance-related disputes.
“Every application involving a deceased estate must be served upon the Master of the High Court, whose office has not recorded any rise in such cases,” Mr Ramoeletsi said.
He said while informal family disputes might occur outside the courts, the Master’s Office had not observed a surge in complaints.
Mr Ramoeletsi maintained that the ministry continued to uphold the rights of minors and vulnerable individuals under the Children’s Protection and Welfare Act, 2011, which remains in force alongside the new inheritance law.
He further said public awareness campaigns on the Act had been conducted nationwide and that plans were underway to amend the legislation in the next financial year to make it “more accessible and easier to implement”.
However, senators were dissatisfied with the minister’s response, insisting that the ministry was out of touch with the reality faced by ordinary Basotho.
Chief Masupha, in particular, questioned why funding was cited as a reason for delaying amendments, to which Mr Ramoeletsi said they are awaiting funding for that in the next financial year.
He disputed the assertion that the ministry was not aware of the increase in family feuds, since the matter had only reached the Senate because of widespread public discontent.
“It is unacceptable that such a critical issue had to be raised here before it was taken seriously. Families are at war, and the ministry seems unaware,” he said.
The Administration of Estate and Inheritance Act, 2024 — which modernised and unified estate administration and inheritance laws — repealed Lesotho’s customary law (Laws of Lerotholi) system that traditionally recognised the firstborn male child as heir to a deceased parent’s estate.
It also introduced equal inheritance rights for all children, including those born out of wedlock, and set out procedures for managing estates of minors, incapacitated persons and absent individuals.
The Act, which became operational on 2 April 2024, was one of three laws passed as part of the prerequisites for Lesotho to qualify for the US$322.5 million (about M6.14 billion) Millennium Challenge Compact (MCC II) funding from the United States.
However, the US government withdrew the MCC funding earlier this year when President Donald Trump made executive orders cutting US aid across the globe.
And now, despite its intended reforms, senators argued that the law has created more problems than solutions, calling for its urgent review and meaningful consultation with communities and traditional leaders to restore harmony in families.
