In June 1980 a new land law took effect in Lesotho: the Land Act of 1979. The central aim of this thesis is to link an explanation of the law with an understanding of the limits of law when used to facilitate development in postcolonial states. The Act’s main feature, the conversion of traditionally allocated holdings to State authorized leaseholds, remains largely unimplemented in the rural areas. This gap between law and reality forms a main motive for the present study. Ch. 1 explores previous land policy and legislation. Sotho customs were codified by the colonial State and include rules and regulations of land use, administration and allocation. Ch. 2 outlines the political institutions of the Sotho nation. The chieftaincy consolidated rights over land with the support of the colonial power, which was central to the weakening of commoners’ rights of access to land. Ch. 3 points to the migrant labour system, which contributed to landlessness. Ch. 4 reviews the land tenure debate. Ch. 5 deals with the 1979 Act and its predecessors. Ch. 6 assesses the impact of current land transactions on various social groups. The book is based on field research in 1987.
