—To enhance national consciousness, civic education
Mohloai Mpesi
CONSTITUTIONAL Law and Public Law Researcher, Advocate Mokitimi T?osane, has petitioned the National Assembly’s Portfolio Committee on Law and Public Safety, to declare April 2 as Constitution Day in Lesotho.
This proposal seeks to contribute to the ongoing deliberations of the Public Holiday Bill 2025, reflecting a commitment to honour the nation’s foundational document—the Constitution of Lesotho.
The proposal of local human rights lawyer, Adv T?osane, seen by the Sunday Express and dated 24th April, is addressed to the Chairperson of the Cluster Portfolio Committee on Law and Public Safety, Evaristus Ramakatsa.
Mr Ramakatsa told the Sunday Express on Friday that they were yet to deliberate on Adv T?osane’s proposal and engage other stakeholders.
Adv T?osane’s petition comes at a crucial time as lawmakers consider the Public Holiday Bill 2025 which seeks to repeal the Public Holidays Act, 1995, proposing new public holidays for the nation.
The lawyer argues that recognizing April 2, the day the Constitution was adopted in 1993, is vital for fostering a culture of constitutional literacy and appreciation among Basotho.
“In my proposal, I stress the importance of April 2 as a pivotal moment in our history, marking the return to democratic governance after a prolonged period of constitutional suspension and military rule,” Adv T?osane said.
“It is unfortunate that our Public Holidays Act of 1995 overlooked such a significant day. We must take the opportunity to educate our citizens on the values encapsulated in our Constitution.”
The Public Holiday Bill 2025, currently being reviewed by the Portfolio Committee on Law and Public Safety Cluster, includes provisions that categorize any public holiday as a non-business day, which aligns with Adv T?osane’s advocacy for a designated day to celebrate the Constitution.
His appeal emphasizes that making April 2 a public holiday could inspire national pride, unity, and continued dialogue about constitutional principles.
“The establishment of Constitution Day would not merely be a ceremonial gesture but a platform for educational seminars and community discussions that foster respect for our democratic ideals,” Adv T?osane said.
“Imagine schools, institutions, and community organizations engaging in activities that promote constitutional literacy throughout the month of April. This could ignite a renewed interest in our democratic processes.”
The Constitution of Lesotho was first introduced in April 1993, shortly after the country’s return to multiparty democracy.
Prior to this, Lesotho had been ruled by decree between 1970 and 1986, following former Premier Leabua Jonathan’s suspension of the constitution in 1970, after his Basotho National Party (BNP) lost that year’s elections to the Basutoland Congress Party (BCP).
Jonathan would rule by force until he was removed in a 1986 military coup, which led to a junta guiding Lesotho to democratic elections in 1993.
The constitution was first amended in 2001 to introduce the proportional representation (PR) electoral model.
However, experts have noted a key flaw in the Westminster-style constitution – the accumulation of power in the Prime Minister’s office, which successive PMs have abused to destabilize the country.
Thus, Adv T?osane’s proposal is rooted in the historical context of Lesotho’s constitutional development.
“The Constitution was adopted following a tumultuous period marked by the suspension of the previous constitution in 1970 and a military coup in 1986,” he said.
“By commemorating this day, the nation would not only honour its democratic journey but also ensure that future generations understand and appreciate the importance of constitutional governance.
“Constitutional literacy is essential to empower our citizens to protect their rights and resist any form of unconstitutional practices by the government,” Adv T?osane said.
He said it was crucial that “we remind ourselves and the youth” of the democratic ideals that Lesotho’s Constitution represents. This day, he said, could serve as a reminder that “our Constitution is not just an ordinary law but a reflection of the will of the people”.
Adv T?osane stressed that declaring April 2 as Constitution Day would be a monumental step “towards acknowledging our democratic foundations”.
He added that it would provide a reference point for discussions about Lesotho’s constitution and “remind all Basotho of their role in safeguarding our democracy”.
As the National Assembly continues to deliberate the Public Holiday Bill 2024, Adv T?osane’s push for April 2 as Constitution Day presents an opportunity for a broader dialogue about governance, rights, and civic responsibility in Lesotho.
“Recognizing this day could help cultivate a culture of constitutional awareness, ensuring that both current and future generations appreciate the hard-won progress made in the nation’s democratic journey,” he said.
He further said that in a world where constitutionalism is frequently challenged, creating a day dedicated to honouring and educating citizens about the Constitution could foster greater respect for democratic principles and encourage active participation in governance.
“As discussions advance, the call for Constitution Day remains a poignant reminder of the enduring importance of constitutional values in shaping a just and equitable society,” Adv Tšosane said.
Briefly speaking to the Sunday Express on Friday, the Law and Public Safety Portfolio Committee chairperson, Mokuena Ramakatsa, said that the Bill “is yet to be worked on in the coming week”.
He added that they had not yet reached out to various institutions and stakeholders “to gather their opinions and views on the Bill”.
While Mr Ramakatsa claimed awareness of Adv Mokitimi’s letter, he swiftly added that he had not actually seen it. He, however, confirmed that preparations, including for the letter, would commence on tomorrow (Monday).