Lesego Makgothi
THE opposition is once again anxiously counting down to the publication of Justice Mpaphi Phumaphi’s Commission of Inquiry Report. In line with the initial SADC Communique of 18 January, 2016, the report was to be published by Prime Minister Pakalitha Mosisili on 1 February 2016.
This was despite a case in the courts where Lesotho Defence Force (LDF) Special Forces Commander Lieutenant-Colonel Tefo Hashatsi had applied for an urgent application to block the publication of the report. However, the regional block made it clear that the case did not apply as SADC enjoys immunity per SADC Treaty and SADC Protocol on Immunities and Privileges.
In its communique, SADC noted with dismay the failure of the Government of Lesotho (GoL) to draw up a road map on implementation of constitutional, public sector and security reforms in line with the SADC Facilitator’s Final Report.
It also tasked GoL to come up with a road map for the safe return of exiled leaders and other Basotho nationals.
Upon his return to Lesotho, Dr Mosisili conducted a press conference on 20 January, 2016. The same date which was marking the 30th anniversary of the fall of the Basotho National Party-led government of Chief Leabua Jonathan which was toppled by the solders then called Royal Lesotho Defence Force (RLDF) in 1986. Dr Mosisili reiterated unequivocally that the release of the report was subject to the following conditions:
- GoL would look at the report and its recommendations and come up with an implementation plan. However, in the event they find some of the recommendations to be a national security threat, they would expunge them as it is their right to do so.
- There is not much he can do in his power to ensure the safe return of leaders in exile as he had assured them of police security and they had not made any efforts to come back home. As such, he had given up especially on former premier Thomas Thabane. The statement is contrary to remarks by Dr Thabane that he requested an open debate with Dr Mosisili regarding the matter, to which he had not responded.
As the opposition digested the utterances made by the prime minister, on Monday 25 January, 2016, opposition MPs received a National Assembly Circular No1 of 2016 to report to parliament on 8th February, 2016 contravening the initial communiqué directing GoL to publicise the report on the 1st February, 2016. It became evident that GoL is treating the commission’s report not as a SADC Commission Report and findings, but rather a Lesotho Commission Report instituted under Public Enquiry Commission Act of 1994, where the release of such a report will be before the parliament. Such a report will, under normal circumstances, be in the Order Paper of the parliament for 15 days after which it will then be published.
In the current situation, GoL was granted dispensation to publish the report by Mozambican President Felipe Nyusi as SADC Chairman of the Organ on Defence and Security and Politics during the African Union Summit in Addis Ababa, Ethiopia. During a side meeting at the summit, Deputy Prime Minister Mothetjoa Metsing requested the dispensation. Little did Mr Nyusi and the whole organ know that the 8 February 2016 was already designated by GoL for the opening of parliament.
Now that the GoL has been granted a leeway to publish the report on Monday, the All Basotho Convention (ABC), which is the biggest opposition party with 46 seats out of 120 parliament seats in alliance with the Basotho National Party with seven seats and Reformed Congress of Lesotho with two seats, are sceptical that the report would be published on Monday. The report is likely to be published on 26th February, 2016 in line with the 15 days of Public Enquiry Commission Act of 1994. The SADC communique of 18 January 2016 did direct GoL to publish the report in parliament. However, the GoL has insisted that the report be made public in parliament.
Even if the GoL has advised itself to publish the report in parliament, there was nothing wrong with that. It would have been published in parliament during the stated date in the SADC communique. But the government took a long route of calling the parliament members in a normal 14 days of serving members with National Assembly Circulars before opening of the parliament and its meetings in line with the Standing Orders of the National Assembly of Lesotho.
In terms of Standing Order No 14. (2) “ A written notice of the day and hour of such meeting shall be given by the Clerk to members at least fourteen days before the day of the meeting but in case of emergency the Speaker may dispense with such a notice and in that event longest possible notice shall be given”
It is evident that the publication of the report of Justice Phumaphi is of no critical importance to GoL. If GoL failed to invoke the above clause and treat publication of the report as an emergency, one wonders what it is that will compel them to release the report on Monday when parliament is opened. One wonders what it is that will prohibit them to count 15 days as the prime minister stated that the Commission was governed by the laws of the country not SADC Treaty and Protocol.
I am appealing to SADC as an opposition MP to enforce stringent measures to pressurise GoL to release the report on Monday, else SADC should brace itself for more machinations by GoL to delay publishing the report and another request for dispensation to release the report on the 26th February, 2016. GoL knows how to shift goal posts and cry foul about the short time given to them to publish the Report.
In an ideal world, where there are conflicts, mediation and management of such is normally governed by calling both sides. The opposition was not invited by SADC when the report was handed over to Dr Mosisili. The leader of the opposition, Dr Thomas Thabane, was ideally supposed to have been a party in receiving the report together with Dr Mosisili. Lesotho will practically forever be in a loop with the report not being publicised by GoL, and always being an agenda item in every SADC meeting and Summit.
Come Monday, the report is unlikely to be published in parliament and to the nation in general. SADC has a long way to go in dealing with Lesotho’s impasse.
Honourable Makgothi is the ABC MP for Maseru City Constituency No 32.