Africa-Press – Lesotho. AN attempt by the opposition to block the passing of a Bill that will stop floor-crossing in parliament failed on Monday with MPs from the ruling party voting for the new controversial law.
The opposition could only muster 40 votes with 64 MPs from Prime Minister Sam Matekane’s Revolution for Prosperity (RFP) and its backers voting for the Bill. Sixteen MPs were not in parliament during the vote.
The RFP’s deputy leader, Justice Minister Nthomeng Majara, rushed the Bill to parliament amid fears that several MPs in her party were plotting to cross the floor and pass a motion of no-confidence against Matekane.
Opposition parties this week told thepost that they will now challenge the constitutionality of the Bill in the Constitutional Court once it is enacted into law and receives royal assent.
Machesetsa Mofomobe, who is the leader of the Basotho National Party (BNP), told parliament during debate before the vote that he would approach the Constitutional Court.
“If this Bill passes we will go and challenge it in the Constitutional Court, it goes parallel to the constitution,” Mofomobe said.
The Basotho Action Party (BAP) leader, Professor Nqosa Mahao, argued that Chapter Two of the Constitution nullifies any law that contradicts the constitution. He said it was wrong that the ruling side had pressed on to pass the Bill without first amending the constitution.
“The amendment of the constitution that accommodates this Bill is in the Omnibus Bill, they need to move together so that there is no conflict,” Professor Mahao said.
“We are not against it, it must be done the right way, that is all,” he said.
Professor Mahao said a message making rounds on social media that says no RFP member will vote with the opposition clearly indicates that the party is in trouble.
The Democratic Congress (DC) leader Mathibeli Mokhothu said the Bill should not have been picked out of the Omnibus Bill that aims to amend the entire constitution.
Mokhothu said because the constitution has not been amended to stop floor-crossing, the Bill that seeks to save the government from collapse will be unconstitutional.
The Bill also stipulates that a member who votes against his party during the budget process will lose their seat in parliament. “The Bill contradicts the constitution, as it stands,” Mokhothu said.
“It is only the High Court that can forfeit the membership in the House,” he said.
Mokhothu was hackled by the Lesotho Congress for Democracy (LCD) leader, Mothetjoa Metsing, whose party openly supports the government. The LCD has three seats in parliament.
Metsing said Mokhothu should not have said what he had said because of his position as the official leader of the opposition. “This issue will be debated when we go forward,” Metsing said, ahead of the vote that passed the Bill.
Mofomobe told the House that they had played a key role in creating the Omnibus Bill that the National Reforms Authority (NRA) prepared and sent to parliament last year.
He said Justice Majara was obviously trying to deal with troubles in the RFP which saw her hurriedly bringing the Bill to parliament without taking time to consider the constitutional implications.
Mofomobe said some MPs from the government side “are not happy with the Bill too because it is going to deny them their constitutional rights”. He made it clear that he will challenge the Bill in the Constitutional Court as soon as it is passed.
“There are judgements where parliament was wrong,” he said. The RFP deputy spokesman, Thabo Maretlane, said Mofomobe should stop talking about the RFP’s internal affairs.
“He should talk about his party and leave us alone,” Maretlane said.
The All Basotho Convention (ABC) leader, Nkaku Kabi, said to avoid court cases both the government and the opposition parties will have to meet first and discuss the Bill in the presence of legal experts.
The Basotho Patriotic Party (BPP) leader Tefo Mapesela’s call to Justice Majara to withdraw the Bill went unheeded. The bill, once enacted, will limit floor-crossing and the chances of a vote of no-confidence against the government.
It says MPs can only cross the floor during a 15-day window period declared by the Speaker of Parliament after three years. It states that MPs who cross the floor before or after that window will vacate their seat and face a fresh election.
It also says a vote of no confidence can only be moved once during parliament’s five-year tenure. It also limits the powers of proportional representation MPs to vote against their party’s position in parliament.
Prime Minister Matekane urgently needed to pass the electoral bill to consolidate his power and insulate his government against growing manoeuvres from the opposition that is said to be plotting against him with some of his MPs.
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