Sequestrating an estate of parties married in community of property in Lesotho: must both spouses be cited?

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Periodical article

Title:	Sequestrating an estate of parties married in community of property in Lesotho: must both spouses be cited?
Authors:	Ailola, David Montsi, Fazila
Year:	1996
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	9
Issue:	2
Pages:	123-132
Language:	English
Geographic term:	Lesotho
Subjects:	marriage law property
Abstract:	In Lesotho, the sequestration of estates is governed by the Insolvency Proclamation (No. 51 of 1957). This Act sets out the procedure and requirements as to locus standi and jurisdiction that need to be fulfilled before a sequestration order can be obtained. The proclamation does not, however, indicate whether the citation of only one of spouses married in community of property without marital power will suffice. Given the constitutional and other human rights implications of any application or decision on this aspect, a clarification is required. In the absence of any direction from any other Lesotho statute or judicial decision, the relevant South African legislation is pertinent. A review of the South African experience on this matter leads to the conclusion that with respect to applications for the sequestration of estates of parties married in community of property, especially when marital power is excluded, Lesotho would do well to follow a similar practice to that prescribed by the Matrimonial Property Act and its subsequent amended Acts in South Africa. Note, ref.