Africa-Press – Lesotho. The Prime Minister (PM) Dr Moeketsi Majoro has urged the political party leaders to work on having a peaceful nation. This he said on Friday to the leaders and representatives of the 10 political parties which are in
parliament, which had signed a pledge committing to the passing of the 11th Amendment to the Constitution Bill also known as the Omnibus Bill and other
related bills. These developments unfolded under the watch of the Southern African Development Community (SADC) facilitation team in Lesotho. These laws are to be
passed before the dissolution of the 10th Parliament at the end of June. This bill contains a variety of amendments to be made to the Constitution. It contains
about 90 proposal amendments. Thanking the politicians he reminded them that reforms “address the sources of conflicts” in the past years since the country attained independence.
“It introduces checks and balances in government. It checks the powers of the Prime
Minister and other arms of the State to ensure that each one of us does our work without the exclusion of checking balances. That can only strengthen democracy as we know it.
“These checks and balances are now being introduced by this Bill which Basotho people
have expressed their aspirations and their wish to have it put in place,” he said. He further noted that the Bill “modernizes” the Constitution and also “safeguards
sovereignty of the organs of State”. Dr Majoro also mentioned that the Bill paves a way for future governments to be accountable. We must continue to work hard for the peace of our people.
The lack of peace that we know today is a result of evolving conflicts over the years, we need to find a way of walking back towards that way of finding peace,”
He urged them to “begin to work on the project of peace”. Amongst others, the Bill proposes for representation of Bafokeng, Baphuthi, Matebele, people with disabilities, professionals, and other sectors in the Senate.
It also proses that isiXhosa and isiPhuthi be anchored into the Constitution as the official languages of Lesotho as well. “The Bill provides that the Government of Lesotho consists of both the national and
local government. According to the Bill, the local government consists of councils established at [the] district, city, and municipal levels and district
councils comprise the community, urban, and any other type of Council that may be prescribed by an Act of Parliament. Councils established under this Constitution shall have autonomy and such executive powers as will enable them
to perform their functions. “The Bill further makes provision for the following: District Assembly in which the legislative authority of district vests and the District Executive in which the
executive authority vests. The governance and management of the City of Maseru and other cities shall be by the city council. According to the Bill, the
established community councils shall be throughout Lesotho and their functions shall be as specified in Schedule 6 to this Constitution. The equitable share
to be allocated to the local government shall not be less than the revenue collected annually,” reads the Bill in part. The Bill also makes proposals for the establishment of the Media Council, a body
that will regulate the media fraternity. It further provides for Media Ombudsman that will address the disputes that consumers have against media houses and practitioners.
The Bill will also introduce the office of the Public Protector that will replace the Ombudsman’s Office. Also, the Bill proposes the establishment of the
National Prosecuting Authority that will replace the office of the Director of Public Prosecutions (DPP). According to this Bill, the National Development Board’s status will be elevated to that
of the Commission to arm it with more powers and autonomy to guard against influence and interference in the discharge of its duties. This Commission will
formulate strategic development frameworks, and policies and it will report to the Prime Minister. Holding the fort on behalf of the Special Envoy facilitator in Lesotho, the South
Africa’s (SA) retired Deputy Chief Justice Dikgang Moseneke, former SA Minister of Justice and Constitutional Development Mohamed Enver Surty said their
commitment is a sign that they will put aside their political parties’ differences. “Important element of this particular process is that it was owned and is still owned by the people
of Lesotho,” he said adding that it was not owned by external elements. Surty also warned the political party leaders and representatives that the task ahead of them is not
an easy one. The SADC member of the facilitation team urged them to pay particular attention to areas of peace and stability in the country. For the opposition party in parliament, the AD’s Deputy Leader Prof Ntoi Rapapa
said they are committed to passing the reforms, adding that they need a “vehicle” to drive the reforms even post National Reforms Authority (NRA) life.
The parties signed and agreed as follows: “We re-affirm our commitment to the National Reforms Process, and constructive engagement and expeditious implementation of reforms.
“We assure all Basotho of our dedication and commitment to change the course of our beloved Kingdom and
urge Honourable Members of Parliament to fast track the process and pass the 11th Amendment to the Constitution Bill and related legislative instruments before
the end of June 2022. “We will exercise fidelity over the aspirations of Basotho on the (sic) Lesotho they Want as espoused in the Multi-stakeholder Plenary II Report which has informed the 11th
Amendment to the Constitution Bill. “In the spirit of the principles underpinning the reforms process, we shall remove all the obstacles and impediments that have the potential to derail or delay the passing of the
11th Amendment to the Constitution Bill.
“We commit to cooperate with all parties and stakeholders in the processing and passing of the 11th
Amendment to the Constitution Bill and other related Legislative Instruments. “We further unreservedly commit ourselves to adhere to the Constitution of Lesotho and the principles of
democracy. In this regard, we undertake to collectively cooperate in ensuring that the upcoming elections 2022 general elections scheduled for September/October are successful and that all Basotho are afforded an
opportunity to freely exercise their right to universal and equal suffrage. ” It is now over a month since the Minister of Law and Justice Advocate Lekhetho Rakuoane tabled the
Omnibus Bill before the National Assembly. The Bill was only read once on April 26 in the house. The 10 political parties represented in the 10th parliament are: All Basotho Convention
(ABC), Alliance of Democrats (AD), Basotho Action Party (BAP), Basotho Congress
Party (BCP), Basotho Patriotic Party (BPP), Basotho National Party (BNP), Democratic Congress (DC), Democratic Party of Lesotho (DPL), Lesotho Congress
for Democracy (LCD), Movement for Economic Change (MEC), Marematlou Freedom Party (MFP), National Independent Party (NIP), Popular Front for Democracy
(PFD) and Reformed Congress of Lesotho (RCL). Before signing, there was a heated debate over signing wherein BAP Leader Prof Nqosa Mahao suggested that
certain parts of the agreement be expunged and an addendum is made instead, arguing that it does not “accord with our collective upholding of the Constitution” as the courts have struck it off.
He was referring to the controversial Clause 10. On the other hand, LCD Deputy Leader Hon. Tšeliso Mokhosi said they would not sign until SADC facilitate the return of their leader, Hon.
Mothetjoa Metsing who is said to have fled to SA. The disputed clause reads: “Further recalling that the Government and all Political Parties in Lesotho signed a Memorandum of Agreement on the Lesotho Reforms Process on 04
July 2019 in terms of which they, among others committed to removing all obstacles and impediments which may unduly delay, undermine or derail the reform process.
And after closed deliberations between the parties with the SADC facilitation team, they
resolved to make the addendum at the end of the clause that says, “… save for the clause that has been struck off by the Courts of Law. ” The clause in question is
the SADC and government of Lesotho Memorandum of Understanding (MoU) which contains controversial Clause 10. It says “Mr. [Mothetjoa] Metsing and similarly placed
persons will not be subjected to any pending criminal proceedings during the dialogue and reform process. ” Meanwhile, the High Court sitting as the Constitutional Court had ruled that Clause 10 is
“unconstitutional”, the ruling that the Appeal Court upheld and dismissed
Messrs. Metsing and Selibe Mochoboroane’s rescission application for the former’s ruling. The SADC facilitation team was made of SA Deputy Minister of State Security Hon.
Ellen Molekane, who was accompanied by South Africa High Commissioner to Lesotho Sello Moloto among other delegates. Also present was the Speaker of the National Assembly Sephiri Motanyane. The PM and Surty signed as witnesses.
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