1 November 2024 by Monyane Khau

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The number of divorce decrees granted by the High Court of Lesotho in 2022 has caused a sharp rise in the country’s divorce rates.

According to the latest Vital Statistics Report released by the Bureau of Statistics, 238 divorce decrees were granted in 2022, nearly double the number recorded in 2021.

“The number of registered divorces presented a decreasing pattern from 2018 to 2021, and an upsurge was observed in 2022,” the report by the Lesotho Bureau of Statistics stated.

The report noted that: “number of registered divorces (was) 238 in 2022.”

The Lesotho Bureau of Statistics indicates that it sources its divorce data from the Lesotho High Court.

Consequently, the number of divorces recorded in 2022 may be higher than 238, as this figure does not include divorces that were not granted by the High Court. Many customary marriages and their associated divorces often go unregistered, suggesting that the actual divorce rate could be significantly higher.

This complexity in tracking divorces highlights the importance of understanding the legal framework governing marital dissolution in Lesotho.

According to a Bachelor of Law research dissertation by Voyelwa Mateisi at the National University of Lesotho, the Lesotho legal system recognises two grounds for divorce: adultery and malicious desertion.

Mateisi said the procedure in the divorce proceedings differs according to the ground alleged.

“In the case of adultery, the court will upon prove of adultery issue a decree of divorce straight away, while in the case of malicious desertion, the court will as a matter of procedure order restitution of conjugal rights,” Mateisi said.

Children and divorce

Matsikoane Mabaleha holds a degree in Theology and Sociology from the National University of Lesotho and a Master’s in Social Work with a focus on Youth and Community Practice from the University of Botswana.

She runs the Manners4Minors program in Lesotho, a character coaching initiative that teaches children the importance of good behaviour and the consequences of their actions, along with an etiquette curriculum for young people.

Through her engagement with children across the country, Mabaleha has witnessed the devastating impacts of divorce on their well-being. In November 2023, she told Uncensored News that divorce has lasting psychological effects on children.

“Because of the depression or frustration, a child experiences due to family breakdown, they often long for comfort. Once they start seeking that comfort, they look for it from anyone, which puts them at risk,” Mabaleha stated.

“Even if parents have not legally separated, a child may feel there is no peace in the home, and in many cases, these children are not listened to. As a result, they seek connection outside the home and develop bonds with anyone who claims to love them.”

She cautioned that this situation could lead to child abuse, as parents who are divorcing or in conflict often forget about their children’s needs.

“It’s not only psychological; socially, how is this child going to interact with others? Sometimes, depression can lead to violence or withdrawal from peers because they may not want to discuss family issues with anyone,” Mabaleha explained.

A 2021 study on the “Impact of Broken Homes on the Education of Children: A Sociological Perspective” reveals that broken homes have only recently become a concern within the African family structure.

“One can deduce the growing trend of broken homes in Africa to the incursion of modernisation and industrialisation into the African family setup. The traditional African family is much knitted together with a lot of love bound,” read the study.

However, the study noted that as modernisation and civilization increasingly shape all sectors of daily life, families have not been spared.

It explained that the existence of broken homes was once unknown, and when they did occur, they were often considered exceptional cases.

“In Africa, no one is happy to be identified as being raised in a broken home,” read the study.

It added: “In order words, the pride of an average African child is to be brought up in a family where the man and his dear wife are living together, loving each other and each one of them performing his/her social responsibility and obligation towards the raising of the children and the survival of the family at large.”

Living in two houses

In 2023, Manners4Minors Lesotho introduced the phrase “living in two houses” to help children navigate the complexities of their parents’ divorce or separation. This phrase describes a scenario where a mother and father live in separate homes, with children commuting between these two households to spend time with each parent.

Also listen: https://www.uncensored.org.za/living-in-two-houses-the-impact-of-broken-families-on-children/

Mabaleha noted, “Children who can visit both parents and stay with one while regularly visiting the other need to understand that this arrangement benefits everyone involved. When we discuss this, many children raise their hands and say, ‘I also live in two houses.’”

Some children shared their experiences of living in homes where their parents fought, with one saying, “I ended up wetting myself because I was so frustrated.” This was particularly concerning for Mabaleha, as these comments came from children in early primary school, up to grade 3.

When Mabaleha inquired about the connection between their bedwetting and parental divorce, some children mentioned they had seen a doctor, who suggested that their symptoms might be linked to depression.

She explained that while some parents chose not to involve their children in their disputes, others sat down with them to explain that their divorce was necessary because their constant fighting made the children feel isolated, angry, and lost.

“As we discuss these issues, we help children understand the differences between healthy and unhealthy relationships, enabling them to grasp that parents divorce when their relationship is no longer healthy,” she said.

Manners4Minors teaches children not to pick sides between their parents. While Mabaleha acknowledges that it can be challenging for children to live in two households, she also observed that some children are happier and more understanding of why they might live in two or three homes.