Africa-Press – Lesotho. COMMISSIONER of Police Holomo Molibeli says Prime Minister Moeketsi Majoro no longer has the power nor mandate to advise the King to retire him. This is contained in a new application he filed in the Constitutional Court on Tuesday.
In the application, Commissioner Molibeli says the Prime Minister cannot advise the King to fire him after parliament was dissolved two weeks ago. He argues that following the dissolution of parliament, Majoro has become a caretaker Prime Minister without powers to make any major decisions in the interim.
He said section 83 (7) of the Constitution of Lesotho says a Caretaker Prime Minister “is limited to maintaining the status quo existing before the dissolution” of the 10th Parliament.
Commissioner Molibeli pleaded with the court to order that Majoro’s advice to King Letsie III to retire him from the office “during the caretaker period be considered unconstitutional, null and void for being contrary to section 83(7) of the Constitution”.
He added that the court should “interdict and restrain the King from acting on any advice of the Prime Minister or having the effect of advising His Majesty to require” him to retire.
In his founding affidavit, Commissioner Molibeli said that when the 10th Parliament was dissolved on July 13, the government assumed the caretaker role and with effect from July 14, “the Prime Minister became a caretaker Prime Minister presiding over the caretaker government”.
“The Prime Minister during the caretaker period is constitutionally prohibited from, among others, removing or effecting changes to key positions as the heads of securities, the judiciary, other law enforcement agencies such as Lesotho Revenue Authority and Directorate on Corruption and Economic Offences,” Commissioner Molibeli said.
“As the Commissioner of Police, I am the head of and superintend the LMPS and its operations in Lesotho,” he said.
He said the 9th Amendment of the Constitution, which prohibits significant changes to key positions in the government “was inspired not only by the need to express the constitutional convention to that effect but also to specifically deal with the specific incidents influenced by collation politics since 2012”.
He said these are “matters of common knowledge and which the court is entitled to take judicial notice of”. He said during the reforms process, the constituent popular sovereignty of the people of Lesotho was expressed in the Plenary II Report.
“There should be no appointments or removals to the heads of securities (LMPS, LDF and NSS) including the Commissioner of Police in the interim,” he said.
He emphasised that as the occupier of the office of the Commissioner since 2017, he is entitled to exercise and perform the functions of that office until otherwise removed by both the constitution and the law authorities.
“I have a right to prevent illegal and unconstitutional means of removing me from that office, and therefore to approach the court for purpose,” he said.
He said his dignity, reputation and self-worth are also derived from the performance of the functions of the office of the Commissioner of Police which he is currently holding.
“I have a right to prevent my unconstitutional and illegal removal from office,” he said.
He said the unconstitutional and illegal removal from office will cause irreparable harm not only to the integrity of the constitution, maintenance of the rule of law but will effectuate constitutional injustice to him and trample upon and render illusory and worthless his non-material rights.
For More News And Analysis About Lesotho Follow Africa-Press
