1 Sec. 38 provides: “(1) If any international treaty or convention relating to refugees is or has been acceded to by or on behalf of the Government of Lesotho, an alien who is a refugee within the meaning of such a treaty or convention shall not be refused entry into or sojourn in Lesotho, and shall not be expelled from Lesotho in pursuance of the provisions of this Act except with his consent or except to the extent that is permitted by that treaty or convention, subject to any reservation that may be in force at the material time. “(2) If any question arises— (a) whether an alien is a refugee; (b) whether any provision of an international treaty or convention relating to ?refugees, applies to that alien; and (c) whether the expulsion of that alien from Lesotho is permitted by that treaty or convention, the High Court may on the application of that alien declare that he is a refugee, that that provision of the international treaty or convention applies to him, and may declare that his expulsion from Lesotho is, or is not, permitted by that treaty or convention, or may decline to make any such declaration.” [1970] 3 Weekly Law Reports 338 at 340.

2 189 U.N. Treaty Series 150; T.I.A.S. No. 6577; 63 A.J.I.L. 389 (1969).

3 [1970] 3 Weekly Law Reports 338 at 344.

4 Ibid.

5 Ibid.