Webber Newdigate Attorneys

Corporate Law

Webber Newdigate’s corporate team has in-depth knowledge and experience in corporate transactions and lodgments, through regularly handling large and complex transactions in the Kingdom of Lesotho. 

Our corporate team understands the importance and benefits of good corporate governance, and in addition to advising clients thereon, our team assists with the incorporation of companies and all regulatory lodgments at the Companies Registry.  
 

Advice is also regularly provided on:
 

• Mergers & acquisitions;
• The duties and responsibilities of directors, and other corporate governance aspects;
• Restructuring of group companies;
• All legal matters concerning the company itself and its formation, maintenance and dissolution of a company;
• Shareholders agreements - with the aim to avoid future conflicts arising between shareholders as the business grows;
• Sale of shares agreements - through legal due diligence investigations, the drafting of the necessary resolutions to approve the transaction and drafting of the main share transfer documents; and
• Licensing regimes applicable to industries that our clients operate in.

For more information on any aspect of company law and general corporate matters, please contact the Webber Newdigate Corporate Department, here.

Employment and Labour Law in Lesotho

When you need assistance with labour law services, we have the skills and knowledge to navigate your specific circumstances.

The types of matters we handle include

• Unfair labour practices
• Unfair dismissals
• Retrenchments

Family Law

Competent legal representation is crucial in today's society. Taking care of oneself and one's family has become more and more important.

Divorce and other family law issues do not only involve finding the right legal strategy; emotions usually drive the parties, causing conflict between them.

We have helped clients transition through family law and divorce by providing creative, dynamic and innovative solutions.

There is no question that divorce can be emotionally devastating and traumatising. We will try our best to work with the Courts, to ensure that this process goes smoothly.

Our clients can count on us to provide them with high quality service and to represent their interests so that they can achieve the best possible outcome. We provide prompt, reliable legal counsel.

Our comprehensive understanding of human behavior and the legal system enables us to provide you with tailored advice and options that are suitable for your particular situation. Mediation, negotiation, and courtroom experience are among our specialties.

In addition to handling matters related to divorce and family law, our team can handle the following:
 

• Contact with and care for children
• Protecting the rights of children
• Cohabitation agreements
• Separation and divorce
• Maintenance disputes
• Rights and responsibilities of parents

In mediation and parenting planning issues relating to child custody, abuse and maintenance are resolved.

Immigration Law in Lesotho

Immigration in Lesotho are, inter alia, governed by the following Acts:

1. Aliens Control Act, 1966
   
   The Act regulates entry into, stay in and departure from Lesotho.
   
   It provides for fees and procedures for issuance of Visas and residence permits. It gives the Minister the power to appoint ports of entry and departures.
   
   The law further gives Immigration Officers the power to deny persons who violate this law permission to enter Lesotho; to detain any person whom they have suspicion and the power to expel any unwanted person in Lesotho.
    
2. Aliens Control Regulations, 1968
    
   These Regulations implement the Aliens Control Act, 1966 and they provide the forms used and other requirements needed for the execution of this law.
    
3. The Lesotho Citizenship Order, 1971
   
   Lesotho Citizenship Order, 1971 regulates citizenship matters in accordance with provisions of the Constitution. It provides for naturalisation and registration of non-citizens and stateless persons as Lesotho citizens.
    
4. Lesotho Citizenship (Amendment) Order, 1989
   
   This Act amended the 1971 Act by inserting that a person shall not become a citizen of Lesotho if at the time of his birth neither of his parents is a citizen of Lesotho, or unless he would thereby become stateless, amongst others.
    
5. Aliens Control (Amendment of Schedule) Regulations, 2018 
   These Regulations provides for fees for the issuance of various categories of visas and residence permits.
    
6. Aliens Control Act, 1966 Notification of Ports of Entry and Departure for Lesotho
   
   The Gazette appoints Ports of entry and departure in Lesotho. Some are designated while others are not.
    
7. Eighth Amendment to the Constitution Act, 2018.
   
   The Act amends the Constitution of Lesotho to provide for similar requirements for non-citizens who marry Lesotho citizens, to allow dual citizenship and to provide for restoration of Lesotho citizenship for Basotho who lost it by virtue of prohibition of dual citizenship.

Insolvency Law in Lesotho

What are the Tests for Insolvency (i.e Liquidation)

In terms of section 125 of the Companies Act of Lesotho 18/2011 ("Act"), a company will be said to be insolvent if the company is unable to pay its debts or if 75% of the issued share capital has been lost.

What are the Tests for Financial Distress (i.e Business Rescue or Administration)

Lesotho does not have financial distress procedures in place but has a judicial management system. In terms of section 156 of the Act, if it appears to the court that by reason of mismanagement it is desirable to issue such an order the court will place the company under judicial management.

Insurance Law

Insurance law is the law related to insurance, including the regulation of insurance, the content of insurance contracts or policies and the handling of insurance claims. 

Our insurance department has been providing specialist expertise with the interpretation of insurance contracts, insurance claims, disputes and other related matters for over 40 years. We represent the major insurance companies in the country and with our extensive knowledge and experience in the field, our attorneys are able to find solutions for any insurance related issues that clients face.

We are involved in insurance litigation in the Magistrates’ Courts, the Commercial Court, the High Court and the Court of Appeal.

Intellectual Property Law

There are several areas of intellectual property, including copyright, trademarks, patents & industrial designs.

Copyright is regulated by the Copyright Order of 1989;

Trademarks, patents, and industrial designs are regulated by the Industrial Property Order of 1989 and its regulations. The Lesotho Government is a signatory to the Madrid Protocol, the Banjul Protocol and the Paris Convention for the Protection of Industrial Property. The Lesotho government has not amended its national legislation to include the Madrid or Banjul Protocols, and as a result there are questions regarding the enforceability of international trademarks registered through WIPO (World Intellectual Property Organization) and ARIPO (African Regional Intellectual Property Organization) in Lesotho. We are therefore of the view that a domestic registration is preferable to ensure enforceability. A priority claim can be made under the Paris Convention.

In terms of the 10th edition of the Nice Classification, Lesotho has a class-based system that recognises both goods and services. Multi-class applications are allowed in Lesotho.

Generally, it takes about 18-24 months from filing to registration. The first step of the trademark application process is to ensure that the application meets the formal and substantive requirements. Upon publication of a trademark, an opposition period of 3 months offer interested third parties the opportunity to oppose the registration of a trademark on the grounds set out in the Industrial Property Order.

The Paris Convention gives Lesotho recognition for trademarks. An initial trademark registration is valid for 10 years and can be renewed indefinitely for subsequent 10-year periods.

The registration of a trade mark can be invalidated after a 3-year period following its registration, on the grounds of non-use.

We handle all types of intellectual property law matters for individuals and companies in Lesotho including:

• Registration of new Trademarks;
• Renewal of Trademarks;
• Trademark Changes;
• Proceedings for trademark infringement
• Procedures for cancelling/rectifying trademarks
• Oppositions against trademarks
• Breach of licensing or franchising agreements
• General matters of unfair competition
• Fraudulent pass off proceedings;
• Copyright queries;
• Patens and Industrial Designs

If you wish to register anything pursuant to the intellectual property law, we will advise you on various requirements that must be met.

Talk to Webber Newdigate today about your Intellectual Property needs.

Litigation and Dispute Resolution

We advise some of Lesotho's largest companies on high value and complex matters. Our litigation department has extensive experience in litigating in an array of fields including contractual, mining, financial, land, insurance, energy, infrastructure, commodities, transport, technology and other disputes of a commercial nature.

We provide practical and creative legal advice focused on the strategic and commercial objectives of our clients. We offer the full range of dispute resolution and litigation procedures, from negotiations, mediation, conciliation, arbitration and conflict resolution to courtroom strategy. 

Throughout the course of a dispute, we assist clients with developing case strategies and priorities as well as managing and reducing costs.

We litigate in the Magistrate’s Courts, High Court, Commercial Court, Labour Court, Land Court, Constitutional Court and the Court of Appeal.

Property Law in Lesotho

Our conveyancing department offers a variety of services to our clients consisting of, amongst others, property transfers and registration of bonds.

Conveyancing is the process through which transfer of ownership of immovable property, bonds and notarial contracts (such as ante-nuptial contracts) are registered in the Land Administration Authority office.