Wives can succeed their husbands as chiefs – top court
Written by Mohale FM on November 16, 2025
In a landmark ruling seen as contributing to the quest for gender equity, the Court of Appeal has upheld the right of women to succeed their husbands as chiefs in cases where there is no male heir-apparent.
The Appeal Court judgment, which is set to reshape customary leadership succession in Lesotho, follows the dismissal of an appeal seeking to overturn widowed Pontšo Seoehla Mathealira’s legitimacy as the Principal Chief of Tsikoane, Peka and Kolobere.
The case, which has been the source of feuding within a prominent chiefly family for many years, centred on whether Mathealira, the widow of an heir-apparent who died before acceding to the chieftaincy, could lawfully hold the office in her own right.
The application, launched by Joel Lechesa Mathealira, younger brother to Mathealira’s husband, initially came before Justice Itumeleng Shale in the Northern Division of the High Court. Justice Shale ruled that it could not be deemed to be irrational to conclude that a younger brother could only assume the chieftainship in the event that either the widow dies or is otherwise disqualified from holding office.
Justice Shale dismissed the application and made no order as to costs. Dissatisfied with that ruling, Joel lodged an appeal, contending that the court a quo (High Court) had erred in declining to grant a judgment in his favour.
His bone of contention was that Justice Shale had failed to recognise that his elder brother had predeceased their father, which therefore automatically gave him (Joel) the right of succession to the chieftainship as he could not be lawfully subordinated to Mathealira. Mathealira, the Ministry of Local Government and Chieftainship and Attorney General, Rapelang Motsieloa, are cited as first to third respondents in the appeal case.
The matter was heard on 8 October 2025 before a judges’ panel comprising Court of Appeal President Justice Kananelo Mosito, Justice Philip Musonda and Justice Realeboha Mathaba. The judgment was delivered on 7 November 2025 with the full written judgment being handed over on Thursday.
