27. The Age of Majority Ordinance stipulates
the age of majority as 21 years. Any person who has therefore
attained the age of 21 can freely contract and enter into
marriage without seeking prior parental consent. Any person
under 21 is considered a child and a minor requiring parental
consent in order to enter into a valid civil marriage or a
valid contract. […]
28. In common law upon marriage at 18 years,
subject to parental consent, a male child attains majority,
whereas a female child, even upon marriage at a similar age,
remains a minor with the perpetual status of a child under the
guardianship and marital power of the husband, if married in
community of property. This legal position extends to all
females married under Lesotho customary law.
D. Marriage of minors: the Marriage Act
No. 10 of 1974
29. Section 25, subsection 1, specifies the
position of the law in respect to the marriage of minors. The
section specifies that no marriage officer shall solemnize a
marriage between parties, one or both of whom are minors,
unless the consent of the party or parties legally required
for the purpose of contracting the marriage has been granted
and furnished to him in writing. For purposes of this section
a minor does not include a person who is under the age of 21
years and who has previously contracted a valid marriage which
has been dissolved by death or divorce.
30. Subsection 2 of the same section provides
that consent in respect of marriage of a minor shall be given
by the parents or guardian of the minor. Such consent shall be
furnished in writing to the marriage officer. In circumstances
where the parents of the minor disagree, section 25 (2) (i)
provides that the consent of the father shall be sufficient,
while section 25 (2) (ii) provides that where a minor is
illegitimate, the consent of the mother or other lawful
guardian is required. For all intents and purposes a minor in
this respect shall be considered as anyone 18 years and below.
31. Section 27 of the Marriage Act specifies
persons under certain ages who are prohibited from marrying.
It provides that no boy under the age of 18 years shall be
capable of contracting a valid marriage, except with the
written permission of the Minister. This may be granted in any
particular case in which the Minister considers such marriage
desirable. Such permission shall not relieve the parties to
the proposed marriage from the obligation of complying with
all other requirements prescribed by law. Such permission
shall also not be necessary if, by reason of any such other
requirement, the consent of a judge in the matter is necessary
and has been granted.
32. If a boy under the age of 18 years and a girl under the
age of 16 years contract a marriage without the written
permission of the Minister in terms of the Act or a prior law,
the Minister may, if he considers the marriage desirable, and
providing such a marriage was in every other respect
solemnized in accordance with the provisions of this Act, or
as the case may be, any prior law, and there was no other
lawful impediment thereto, direct in writing that it shall,
for all intents and purposes be a valid marriage. Section 27 (3) provides that if the Minister
directs that a marriage referred to in subsection (2) shall for all
purposes be a valid marriage, he shall be deemed to
have granted prior written permission to such
marriage.
