Constitutional Law at Lesotho
Lesotho's constitutional framework is defined by the Constitution of Lesotho, which came into effect on October 4, 1993, following the country's return to civilian rule after a period of military and monarchical control. This constitution established Lesotho as a constitutional monarchy with a parliamentary democracy, emphasizing the rule of law, separation of powers, and protection of fundamental human rights.
🇱🇸 Key Features of the Constitution of Lesotho
1. Monarchy and Sovereignty
The constitution designates the King as the ceremonial head of state, with executive authority vested in the Prime Minister and Cabinet. The King acts on the advice of the Prime Minister and is not involved in day-to-day governance. Sovereign power resides with the people, and the constitution is the supreme law of the land.
2. Separation of Powers
The constitution establishes a bicameral Parliament, comprising the Senate and the National Assembly, responsible for legislative functions. The Prime Minister and Cabinet hold executive authority, while the judiciary is independent, with the Court of Appeal and High Court serving as the highest courts.
3. Fundamental Human Rights and Freedoms
The constitution guarantees a wide range of civil liberties, including:
Freedom of expression, assembly, and association
Freedom of movement and residence
Protection from arbitrary detention
Right to a fair trial and legal representation
Protection from discrimination
These rights are enforceable by the courts, ensuring individuals can seek redress if their rights are violated.
4. Judicial Independence
The constitution ensures the independence of the judiciary by providing for the appointment and tenure of judges, including the Chief Justice and other judges of the High Court and Court of Appeal. Judges can only be removed for incapacity or misbehavior and must be afforded due process.
5. Public Service and Accountability
The constitution establishes institutions to promote transparency and accountability, including:
The Ombudsman, responsible for investigating complaints against public officials and institutions.
The Human Rights Commission, tasked with monitoring and promoting human rights.
The Public Service Commission, overseeing the recruitment and discipline of public servants
6. Amendment Procedures
Amendments to the constitution require a two-thirds majority in both houses of Parliament and must be approved by a national referendum. This rigorous process ensures that changes to the constitution reflect broad national consensus.
📰 Recent Constitutional Developments
In August 2022, Lesotho enacted the Tenth Amendment to the Constitution Act, 2022, which introduced several key changes:
Dual citizenship was legalized, allowing Basotho citizens to hold citizenship of another country without losing their Lesotho citizenship.
The Prime Minister's powers were limited, enhancing the role of Parliament in executive decisions.
The Ombudsman's authority was strengthened to improve accountability in public administration.
These amendments were part of broader efforts to reform Lesotho's political system and strengthen democratic institutions.
📘 Accessing the Constitution
The full text of the Constitution of Lesotho is available in English
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