—As Senate approves 10th Amendment to the Constitution Bill
Leemisa Thuseho
THE ongoing national reforms have reached a significant milestone as the upper house of Parliament, the Senate, successfully approved the 10th Amendment to the Constitution Bill, 2024 on Thursday.
Of the 33 Senate members, only 23 were present, with 22 voting in favour of the Bill. One member opposed it while ten were absent.
The reading and approval of the Bill followed the adoption of the Senate Legislation Committee (SLC)’s report on the review of the 10th Amendment to the Constitution Bill on Monday.
This marks a crucial step in the reform process, as the Bill will now be sent back to the National Assembly before receiving Royal assent and being enacted into law.
Among other provisions, the legislation, which includes a total of 29 clauses, recognizes isiXhosa and SiPhuthi, as well as sign language, as additional official languages of Lesotho, and sets the age of majority in Lesotho at 18 years.
It also provides for the creation of Parliamentary Council Services (PCS) and restricts the Prime Minister’s powers to prorogue Parliament, allowing him to recommend prorogation for only 14 days, which requires approval from the Council of State. Previously, the Constitution of Lesotho empowered the PM to prorogue parliament for up to six months.
Additionally, the Bill designates Principal Secretaries (PS)s as Permanent Secretaries.
It also establishes the office of the Public Protector, previously known as the Ombudsman.
Furthermore, the Bill establishes the Human Rights Commission and modifies the Directorate on Corruption and Economic Offences (DCEO) into the Lesotho Independent Anti-Corruption and Ethics Commission.
It also provides for parliamentary independence and the establishment of a parliamentary service commission. The commission will be an autonomous body to provide services and facilities to ensure the efficient and effective functioning of parliament.
The commission also prepares annual estimates of expenditure of the parliamentary service and exercises budgetary control over the service.
Among the significant changes introduced by the Senate is a provision that sets the parliament’s budget at three percent of the national annual budget.
This amendment was proposed by the Principal Chief of Thaba Bosiu, Khoabane Theko, who argued that allocating three percent would strengthen the parliament’s financial independence and enable it to function more effectively.
Chief Theko emphasized that placing parliament’s finances under the executive’s control compromises its autonomy. “Keeping parliament dependent on the executive denies it true freedom,” he said.
He also sought to reassure opponents, saying, “We understand the executive’s reservations about parliament’s independence, but a fair budget will ensure smooth and effective parliamentary operations. Without adequate funding, parliament cannot be truly independent.”
Senator Thabiso Lebese supported Chief Theko’s position, agreeing that parliament needs control over its own finances to properly fulfill its oversight duties.
“While some may be focused on airport issues, we might need to investigate matters like bridge construction in Mashai. We require resources to do that,” Senator Lebese said.
Another amendment establishes a parliamentary fund, which will be sourced from the consolidated revenue, guaranteeing independent financing for parliament’s activities.
Additionally, the law now allows the Senate or National Assembly to reinstate a bill that lapsed due to dissolution or prorogation of parliament.
This can be done with a two-thirds majority and cabinet approval, allowing the bill to resume from the stage it had reached before parliament was dissolved.
Senator Seabata Motsamai emphasized that allowing Bills to be reinstated after the prorogation or dissolution of parliament would help ensure legislative continuity.
“When a parliamentary term ends, it doesn’t mean the institution of parliament itself ceases to exist, so there should be a seamless transition of activities between governments,” he stated.
Another Senate amendment to the Bill stipulates that the King, not the Prime Minister, will head the National Security Council (NSC). The amendment also provides that the NSC will include two Senate members, one of whom must be a principal chief.
Chief Theko clarified that, even with the King at the helm of the security council, the prime minister will still serve as an advisor, alleviating concerns about potential misuse of security forces.
He stressed that the leadership of national security should reflect a national, rather than political character.
“The Kings have always unified the nation, and that tradition should be maintained,” Chief Theko said.
“There is no need for concern—the King will continue to receive guidance from the sitting prime minister. The King cannot unilaterally deploy soldiers to war. We are simply saying the King should serve as the nation’s supreme representative.”
Chief Theko expressed support for the bill and urged fellow Senators to do the same, acknowledging, however, that some disagreements remain.
“Even if we don’t agree on everything, I encourage us to move forward with the bill,” he said. “As we make laws, we must remember that we do so for the people and align our efforts with their interests.”
Chief Theko expressed his happiness at the bill’s passage, noting that it countered claims from some members of the public and certain lawmakers who accused the Senate of intentionally stalling reforms by not approving the legislation.
Principal Chief of Likhoele, Lerotholi Seeiso, voiced concern about granting a politician authority over the NSC.
He referenced past incidents involving former army bosses, the currently incarcerated Tlali Kamoli and the late Maaparankoe Mahao, emphasizing that the country suffered when political leaders influenced security matters without proper consultation, “as happened under former Prime Minister Thomas Thabane”.
Chief Lerotholi further cautioned: “If full control over security is given to a politician, what happens if a future leader is less responsible than Ntate Matekane (Prime Minister Sam Matekane)? There’s a risk that decisions could be made recklessly, such as deploying soldiers to war without due consideration.”
Matsieng Principal Chief Seeiso Bereng Seeiso, His Majesty King Letsie III’s younger brother, concurred with Chief Lerotholi.
Minister of Justice and Law Richard Ramoeletsi described the bill’s passage as a significant achievement in advancing national reforms.
“I am pleased that the bill has finally passed; this is a historic moment,” he said. Mr Ramoeletsi expressed hope that the bill’s provisions would be effectively implemented, leading to peace and the elimination of corruption in the country.
Following the bill’s approval, the Senate was adjourned indefinitely for the winter recess.