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Good practice Imported

Lesotho's Legal Capacity of Married Persons Act (2006) — Abolishing Marital Power Over Women's Property

Lesotho · Maseru · See the Lesotho profile · See the Maseru profile

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Lesotho's 2006 law ended husbands' legal 'marital power' over wives, letting women independently own and register property; World Bank registry analysis (1981-2019) links it to an 80%+ female co-ownership share on new urban land titles, though rural gains lag.

Lesotho's Legal Capacity of Married Persons Act (2006) — Abolishing Marital Power Over Women's Property

Details

Promoter
Government of Lesotho — Ministry of Gender, Youth, Sports and Recreation
Period
2006–present
Keywords
law, land rights, property rights, gender equality

Description

Before 2006, married Basotho women held the legal status of minors for their husband's lifetime: they could not sign contracts, register land, sue or be sued, or act as company directors without spousal consent. The Legal Capacity of Married Persons Act 9 of 2006 (LCMPA), championed by Lesotho's Ministry of Gender, abolished this 'marital power' for all marriage regimes.
A 2022 World Bank Policy Research Working Paper (Deininger and Ali) analysed Lesotho's full land registry (1981-2019) together with satellite imagery covering roughly 40,000 grid cells, finding newly registered plots were 55 percentage points more likely to list a woman as individual or joint owner after reform-linked land programmes took effect; from 2011-2019, women appeared as joint or sole owners on over 80% of leases from sporadic registration and over 85% from systematic regularisation.
The Millennium Challenge Corporation, which funded complementary land-registration and legal-literacy work, reports the reform's economic effect concentrated in urban areas; most rural women, still married under customary law, saw comparatively little change — a caveat future gender-budgeting or rural-outreach efforts would need to address.

Read the full analysis: https://www.mcc.gov/resources/doc/evalbrief-042222-lso-land-reform/

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