Lesotho is a small country located in Southern Africa, the country is landlocked and completely surrounded by the country of South Africa. Its capital city Maseru is located on the Caledon River right near to the Western border.
Little is known about the history of Lesotho before Western imperialism arrived. The San People were the original inhabitants of the area, as they were in much of Southern Africa. Modern Lesotho when it emerged became known as Basutoland and its first King was Moshoeshoe I in 1822. Moshoeshoe had formed his own clan and became its chief in 1804, united with former enemies, and resisted the Lifaqane, a period of widespread instability and war between the indigenous and ethnic communities in Southern Africa caused by the Zulu Kingdom under Shaka Zulu. The period played a defining role in the creation of the modern Lesotho state. They also fought against British and Dutch (Boers) colonists in the area.
Moshoeshoe invited missionaries to help develop written language and in-turn printed works, and also helped in establishing the state’s foreign affairs by acting as translator, creating diplomatic channels and helping to acquire guns to be used against Europeans and other rivals moving in on the area.
But as time went on increasing numbers of Boers (descendants of European colonists in Southern Africa), such as from the Cape Colony, entered the territory and claimed lands in the West and settled in them, where they made claims that some of the lands had been abandoned by the Sotho people (the country’s inhabitants, also called Basotho). In turn Moshoeshoe signed a treaty with the then Governor of the Cape Colony which removed the rights of the Orange River Sovereignty to remain in the area, causing a brief skirmish in 1848 that was suppressed.
The Basotho army would defeat the British army twice, in 1851 and then 1852, the dispute was eventually settled diplomatically, allowing Moshoeshoe to consolidate further power over rivals, but the British would also pull out of the region in 1854. With British forces absent from the region, the Boers, most particularly the Orange Free State that had been established as separate from colonial control, would go on to fight a series of wars against the Basotho, leading to the loss of a great portion of the Western lowlands.
In the end the war would be stopped after Moshoeshoe appealed to Queen Victoria, leading to Basutoland being made into a British Protectorate in 1868, the cost for its defense against Boer incursions, the treaty signed with the Boers still led to the Kingdom being reduced to half its size, ceding away its Western boundaries. The Orange Free State would come to an end in 1902 after their defeat against the British Empire in the Second Boer War.
Administration of Basutoland was eventually transferred to the Cape Colony in 1871 with Moshoeshoe having died the previous year, this marked the true beginning of the colonial era. Lack of rights for the Basotho people under Cape Colony rule led to the Basuto Gun War, with nationalist chiefs wanting the right to bear arms, the war ended in a stalemate although the settlement favoured the Basotho and played a strong role in ending Cape Colony rule. The territory became a British Crown Colony in 1884, under direct rule of a Governor, although in practice effective internal power was held by traditional tribal chiefs.
Lesotho would go on to gain independence as the Kingdom of Lesotho in 1966 under King Moshoeshoe II but for now the position was ceremonial, the Basotho National Party lost its first election post-independence but the then Prime Minister Leabua Johnson refused to concede and the rival Basotho Congress Party’s leadership was imprisoned. This led to civil conflict which culminated in 1986 with a military coup that ousted Leabua Johnson who at the time ran a de facto Government.
A transitional military council would transfer powers to King Moshoeshoe II, but apparently not happy with the power he had been given, came back with a memorandum for the country’s constitution which involved granting himself even more power, but the military government disagreed and forced him into exile, and his son was crowned Letsie III in his absence.
In 1991 the chairman of the Military Junta, Major General Justin Metsing Lekhanya would be ousted and replaced by another Major General who handed power to a democratically elected Government ruled by the Basotho Congress Party, and Moshoeshoe II decided to then return in 1992. Letsie III attempted to persuade the Government to reinstate Moshoeshoe II as King but was unsuccessful, and so in 1994 he staged a coup instead.
The military backed coup overthrow the Government, but the new Government struggled to gain international recognition, and negotiations attempted to reinstate the Basotho Congress Party government. In these negotiations Letsie III put forth a condition that Moshoeshoe II be reinstated as King. The terms were agreed, the BCP Government was reinstated and Letsie III abdicated in favour of his father. Moshoeshoe II was not on the throne long until he died in a mysterious car accident, leading to Letsie III being crowed again.
In 1997 a new party came to power after BCP split, but 1998 elections were hotly disputed by opposition parties leading to protests, peaceful demonstrations took place outside the royal palace in the capital, and defense forces from regional countries were present to help ensure peace, although the South African National Defense force troops were not warmly welcomed, and fighting ended up the result, which turned to full blown rioting after South African Defense troops decided to hoist the South African flag over the royal palace, many Basotho and South Africans died and much of the capital was ruined, as well as other economic damages, South African Defense troops withdrew in May 1999 and both sides still dispute over exactly what happened.
The country held its first peaceful election in 2002 and has remained relatively peaceful and stable since then, although tensions can flare up between the military and government, with an alleged attempted coup in 2014 after the Prime Minister attempted to remove the Army’s Chief.
The official languages are Sesotho and English, the largest religion is Roman Catholic, but there is also a significant number of Protestants in the country as well. The country’s currency is the Loti but it also accepts the South African rand as legal tender. The population experienced a sharp decline which peaked in the mid-2000s but is on the up again standing at over 2,158,750.
Government Type
Lesotho is a parliamentary representative democratic constitutional monarchy with a Monarch (King) who is Head of State and mostly ceremonial and a Prime Minister who is Head of Government and holds the vast swathe of executive powers. The legislative Government is made up of a bicameral parliament called the Parliament of Lesotho, which includes the National Assembly as the lower chamber and a Senate as the upper chamber, it follows closely by the Westminister system where the lower chamber holds true power, and the upper chamber acts as more a checks and balance with limited power.
Multiple parties are allowed.
The Monarchy and Executive Government
The Monarchy, King, Regent
There is a King of Lesotho who is the constitutional Monarch and Head of State.
There is a College of Chiefs that may at any time designate, in accordance with the customary law of Lesotho, the person or persons, in order of prior right, who are entitled to succeed to the office of King if the current King dies or the office becomes vacant (can become vacant either from abdication or Parliament voting to remove the King).
The College of Chiefs is made up of 22 hereditary Principal Chiefs (tribal chiefs) who also have reserved seats on the Senate (upper chamber of Parliament). The College of Chiefs may co-opt up to three other additional members for assistance but of which do not have voting powers.
If there is no one in line to become King upon death or vacancy the College of Chiefs, in accordance with customary law of Lesotho, designates a person to succeed to the office.
The College of Chiefs can also designate a person, in accordance with customary law, to exercise the functions of the office of King, if the current King or the Regent is either absent from Lesotho for a period of time that the College of Chiefs have reason to believe is of short duration, or if the King or Regent is ill and the College of Chiefs have reason to believe it is of short duration.
A person who believes they should have been designated above someone for King by the College of Chiefs can bring as such to the High Court and if needed Court of Appeal, who shall decide on the legitimacy of such a claim.
The College of Chiefs also designate the Regents. A Regent holds the office of King when the King themselves has not yet reached the age of 21, or when the holder of that office is unable to by reason of absence or reason due to infirmity of body or mind, or if the College of Chiefs have not yet made a designation of who succeeds to the throne as King.
If the College of Chiefs fail to designate a Regent within reasonable time, then the High Court may, upon application of any person, designate a person as Regent itself in accordance with the customary law.
The King and Regent are exempt from taxation. The King and Regent also have robust legal immunities. The King can choose to abdicate the throne at any time.
There is a Council of State that advises and guides the King on the usage of their powers. Any acts required to be done by the King by the Constitution which are not done within the relevant time will be done by the Council of State instead whereby they will then inform the Parliament of the matter, but such an act still appears as an act of the King.
Similarly, any act required of the King by the Constitution on advice of another authority such as the Prime Minister, that is not done by the King, can be done by the Prime Minister or other authority, through the relevant procedures, themselves while informing the Parliament of the matter, again such acts still appear as an act of the King.
The members of the Council of State are the Prime Minister; the Speaker of the National Assembly; two judges or former judges of the High Court or Court of Appeal appointed by the King on advice of the Chief Justice; the Attorney-General; the Commander of the Defence Force; the Commissioner of Police; A Principal Chief nominated by the College of Chiefs; two members of the National Assembly appointed by the Speaker from among member of the opposition party or parties, those appointed are leaders of such parties but if there is only one opposition party then it will be another member of that party; not more than three persons appointed by the King on advice of the Prime Minister, by virtue of their special expertise, skill, or experience; and finally a member of the legal profession in private practice nominated by the Law Society, or by some other professional body.
Powers of King
The King may, on advice of the Prime Minister, order that a referendum be conducted to obtain the opinion of the electors on any matter he considers to be of national interest. The Parliament may make provision for the conduct of a referendum.
Subject to provisions of the Constitution and any other law, the King may constitute offices for Lesotho, make appointments to any such offices, and terminate their appointments.
The King has the Prerogative of Mercy, the King may grant a pardon either free or subject to lawful conditions; grant to any person, respite, either indefinite or for a specified period; substitue a less severe form of punishment; remit a punishment in whole or part.
The Prerogative of Mercy is exercised by the King in accordance with the advice of the Pardons Committee which includes a Chairman and two members appointed by the King acting in accordance with the Judicial Service Commission from among persons who are not public officers or members of Parliament.
The High Court includes the Chief Justice and a number of other judges as prescribed by Parliament. The Chief Justice is appointed by the King on advice from the Prime Minister. The other judges are appointed by the King on advice of the Judicial Service Commission.
The Court of Appeal includes its President and a number of other judges as prescribed by Parliament, the Chief Justice and judges of the High Court are ex-officio. The President of the Court of Appeal is appointed by the King on advice of the Prime Ministers, the other judges are appointed by the King on advice of the Judicial Service Commission after consultation with the Court of Appeal’s President.
The Judicial Service Commission consists of the Chief Justice as its Chairman, the Attorney-General, the Chairman of the Public Service Commission or some other member of that Commission designated by its Chairman, and a person appointed by the King from amongst persons who hold or have held high judicial office in accordance with advice from the Chief Justice.
The King appoints the Human Rights Commission in accordance with advice from the Prime Minister.
The King appoints the Ombudsman in accordance with the advice of the Prime Minister.
The King appoints the Public Service Commission on advice from the Judicial Service Commission.
The King appoints the Attorney-General, the principal legal advisor of the Government, on advice from the Prime Minister.
The King appoints the Auditor-General on advice from the Prime Minister.
Removal of the King
There are some circumstances that allow the National Assembly, initiated by the Prime Minister, to ask for the removal of the King from office.
If in the opinion of the Prime Minister the King has declined to take and subscribe their oath; or if the King having taken and subscribed to their oath, thereafter fails or declines to abide by any of its terms; or the King is unable to perform the functions of his office due to infirmity of body or mind, then the Prime Minister may report these facts to the National Assembly and Senate.
The National Assembly and Senate will then decide if the King should vacate their office by a resolution, if the resolutions differ then the National Assembly’s resolutions supersedes that of the Senate. If the resolution declares that the King should vacate their office for the reasons the Prime Minister provided then the King must do as such.
Any act performed by the King, or by a Regent or person designated to hold the office in the name of that King after they were ordered to vacate are null and void.
The Prime Minister and the Executive
Executive authority is vested in the King, but subject to provisions of the Constitution, is exercised through offices or authorities of the Government of Lesotho, so for example on initiative of the Prime Minister, who is the Head of Government.
Lesotho has a Defence Force for its defense and the power to determine its operational use lies with the Prime Minister, which makes the Prime Minister the effective Commander-in-Chief. Command of the Defence Forces lies with the Commander of the Defence Force, appointed by the King on advice from the Prime Minister.
The Prime Minister is appointed by the King in accordance with advice from the Council of State following Parliamentary Elections of the National Assembly (lower chamber of Parliament), the person appointed is the leader of the largest party or a person within a coalition who commands the most confidence.
The Government is also made up of no less than seven Ministers which also includes a Deputy Prime Minister, as may be established by Parliament, or subject to any provision of Parliament, by the King, acting in accordance of advice from the Prime Minister.
The King appoints the Ministers and Deputy Ministers, on advice of the Prime Minister, from among members of the National Assembly and Senate, but from the Senate only those Senators who were appointed to the Senate by the King may be appointed as a Minister. The King can remove Ministers on advice of the Prime Minister.
The Prime Minister and Government must maintain the confidence of the National Assembly to remain in power. If a resolution of No-Confidence is passed against the Prime Minister and they do not resign within three days then the King can remove them.
Prime Minister and Ministers are collectively responsible and if the Prime Minister is removed or resigns then the entire Cabinet also resigns or is removed.
The Prime Minister and the Ministers make up the Cabinet of Ministers which is the highest executive decision-making body of the executive Government. It is the job of the Cabinet to advise the King in the Government of Lesotho, with the Cabinet being collectively responsible to Parliament for any advice given to the King by or under the general authority of the Cabinet and for all things done by or under the general authority of any Minister in the execution of his office.
In accordance with the advice of the Prime Minister, the King may assign to the Prime Minister or any other Minister responsibility for any business of Government, including administration of any department of Government.
If the Prime Minister is absent or too ill then the office is conducted by the Deputy Prime Minister, but if that position is also absent, vacant, or too ill then the office is conducted by a Minister authorised by the King either on advice of the Prime Minister or if the Prime Minister is too ill, on advice of the Cabinet.
Emergency Provisions
A State of Emergency can be declared for serious situations, the order suspends the guarantee of certain rights and hands more power to authorities. There can be State of Emergency ordered during time of war or another public emergency which threatens the life of the Nation.
The Prime Minister may, in accordance with advice from the Council of State, by proclamation, declare that a State of Emergency exists. A State of Emergency lapses after 14 days unless it has been approved by a resolution of both Parliament chambers. From then the State of Emergency lasts for six months or less, and can be extended by no more than six months each time by a new resolution.
If the National Assembly and Senate differ in their resolutions on this then the National Assembly’s resolution supersedes that of the Senate’s.
The Prime Minister may revoke a State of Emergency at any time acting in accordance with advice from the Council of State.
The King also has the ability to summon both chambers of Parliament to meet for the purposes relating to a State of Emergency but if done in this way the Parliament stands dissolved and may not transact any other business apart from debating and voting on resolutions to do with a State of Emergency.
The Legislative Government
The Parliament of Lesotho is a bicameral one and includes the National Assembly which is the lower but primary chamber and Senate which is the upper chamber. Parliament’s main job is to legislate, such as having legislation introduced, debated, possibly amended and either passed or rejected.
Legislation can only originate in the National Assembly and not the Senate, but most laws must pass through both the National Assembly and Senate successfully and then assented to by the King to go into law.
If the Senate introduces an amendment to a bill passed by the National Assembly, then the bill goes back to the National Assembly for approval before being presented to the King for assent. If the Senate’s amendment is rejected it is removed and sent back to the Senate for approval.
Unless given consent by the governing Cabinet signified by a Minister, neither House of Parliament can proceed upon a bill, motion, or amendment that, in the opinion of the person presiding, makes provision for imposition or alteration of taxation otherwise than by reduction; imposition of change upon the Consolidated Fund or other public fund or alteration of any such charge otherwise than by reduction; payment, issue, or withdrawal from the Consolidated Fund or any other public fund of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for composition or remission of any debt due to the Government.
Bills marked as Appropriation Bills must be passed by the Senate without delay, any delay can see the bill passing the Senate automatically and any Senate amendments to these bills not agreed with can be removed without consent of the Senate if time has ran out, the Bill is presented to the King for assent.
It is possible for a chamber to make provision in their internal rules under which a member who votes upon a question in which they have a pecuniary interest is deemed not to have voted.
Ministers and Deputy Ministers have the right to attend all meetings of either chamber whether they are a member or not, but if they are not a member within the chamber they attend the meetings of then they are not allowed to vote.
The Attorney-General is entitled to join all meetings of either Chamber of Parliament and take part in proceedings but is not entitled to vote.
The King can prorogue or dissolve Parliament at any time acting on advice of the Prime Minister. The King can refuse to dissolve Parliament if he considers that the Government can be carried on without dissolution and that it would not be in the interests of Lesotho, and as such he may, acting in accordance with advice from the Council of State, refuse to dissolve Parliament.
The King can dissolve Parliament in accordance with advice from the Council of State if a motion of No-Confidence has been passed against the Government and the Prime Minister does not resign within three days.
The King can also dissolve Parliament in accordance with advice from the Council of State if the office of Prime Minister is vacant and the King considers there is no prospect of his being able to find a person who is the leader of a political party or a coalition of political parties that will command the support of a majority of the members of the National Assembly.
Fresh General Elections take place within three months after Parliament is dissolved.
During times of war the term of the Parliament can be extended for up to twelve months at a time but for no longer than 5-years.
National Assembly
The National Assembly, the lower but primary chamber, consists of 120 elected members fixed by the constitution. At least 30 of its members must be present for business to be conducted.
The Speaker of the National Assembly and its Deputy Speaker are elected by members either from among themselves or from among other people. They cannot also be a Minister or Deputy Minister, and if chosen from outside of the National Assembly must still meet its qualifications. It is the job of the Speaker to conduct the business of the National Assembly and represent it in an impartial manner and make sure National Assembly rules are enforced.
The Speaker and Deputy Speaker can vote on things if they were elected from among members, but they do not have a casting vote to break ties.
The Speaker can be removed via a resolution supported by at least two-thirds of all members. The Deputy Speaker can also be removed via a resolution.
Senate
The Senate, the upper chamber, consists of 33 members fixed by the constitution, either hereditary or appointed (for more information go to Electoral System below). At least 8 of its members must be present for business to be conducted.
The Senate President and Senate Vice-President are elected by members either from among themselves or from among other people. They cannot also be a Minister or Deputy Minister, and if chosen from outside of the Senate they must still meet the Senate’s qualifications. It is the job of the Senate President to represent the Senate in an impartial manner and make sure Senate rules are enforced.
The Senate President and Senate Vice-President can vote on things if they were elected from among members, but they do not have a casting vote to break ties.
The Senate President can be removed via a resolution supported by at least two-thirds of all Senators. Vice-President of the Senate can also be removed via resolution.
The Electoral System
Parliamentary elections for the National Assembly take place every 5-years to elect its 120 members. Elections go by a mixed-member proportional representation system, 80-members are elected from single-seat constituencies using the first-past-the-post system where the winner is determined by simple majority, and another 40-members are elected from multi-seat constituencies using a proportional representation system, where parties are proportionally allocated seats based on their popular vote, as long as they meet the minimum vote quota.
Outcome of Parliamentary elections in the National Assembly determines the ruling party or coalition and in-turn the Prime Minister, who is usually either leader of the ruling party or in the case of a coalition the person who enjoys the highest confidence in the National Assembly.
The Senate is not elected but it includes 22 members that are hereditary Principal Chiefs (tribal chiefs), and another 11 members who are nominated by the King who is acting in accordance with advice from the Council of State, the Principal Chiefs can, by writing to the President of the Senate, designate any other person to take their position which they can revoke at any time. The term of the Senate lasts 5-years.
To be a Principal Chief or appointed person in the Senate one must be a Lesotho citizen and able to speak and, unless incapacitated by blindness or other physical cause, to read and write either Sesotho or English well enough to take part in active proceedings.
The same qualifications also exist for the National Assembly but also include being registered in some constituency as an elector in elections for the National Assembly and is not disqualified from voting.
There are also further things that may disqualify someone from being a member of Parliament, including foreign allegiance, under death penalty, unsound mind, unrehabilitated insolvent, and so on.
There is an Independent Election Commission, its Chairman and two members are appointed by the King who is provided with the three chosen options by the Council of State who themselves chose from a list comprising at least five options that was put together in a bipartisan manner by the registered political parties. Those chosen cannot be members of Parliament, cannot be an office-bearer of a political party even if it is an unregistered political party, cannot be a public officer apart from a judge the High Court or Court of Appeal, cannot be a member of a local authority, and cannot be disqualified by any other law passed by Parliament.
This Commission ensures regular elections, and that elections and referendums are held fairly, supervises and controls registration of electors, register political parties, election and referendum result management, adjudicate complaints, and review that electoral constituencies are as equal and fair as possible.
They serve 5-years and can only be reappointed one further time. Only a tribunal can recommend their removal by the King if suggested by the Council of State, and the King cannot remove them without agreement from the said tribunal.
The tribunal is appointed by the King, with people appointed selected by the Chief Justice from among people or hold who have held high judicial office.
To vote in elections one must be a citizen of Lesotho who is at least 18-years-old and meets any possible residency conditions imposed by Parliament, as well as not being disqualified under constitutional rules or any other laws, for example obedience to foreign state, under death sentence, of unsound mind, electoral offenses, etc.
Source
The source for this post comes from Lesotho’s 1993 Constitution with amendments through to 2011 (constituteproject.org) and so should be as up to date as possible but as always there is the chance I may have misinterpreted things or missed other things and the constitution can always be amended and so this post may eventually become outdated and so it is suggested to use cross-research for those using this seriously.
Amendments to the constitution are proposed by the Parliament. Passage of amendments that affect things such as fundamental rights and freedoms, sovereignty of the Kingdom, office of the king, powers of Parliament, require majority vote by the National Assembly and Senate, and majority approval in a national referendum, and then assent by the King.
Passage of any other kind of amendments requires at least a two-thirds majority in both chambers of Parliament.
Next up will be the government system of Liberia.
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