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Constitution

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THE CONSTITUTION OF LESOTHO[1]

Contents

Chapter I-The Kingdom and Its Constitution

Chapter II-Protection of Fundamental Human Rights and
Freedoms

Chapter III-Principles of State Policy

Chapter IV-Citizenship

Chapter V-The King

Chapter VI-Parliament

Part I-Composition of Parliament

Part II-Legislation and Procedure in Parliament

Part III-Summoning, Prorogation and Dissolution

Chapter VII-Alteration of Constitution

Chapter VIII-The Executive

Chapter IX-Land

Chapter X-Finance

Chapter XI-The Judicature

Part I-The Judiciary

Part II-The High Court

Part III-The Court of Appeal

Part IV-Subordinate Courts, Courts-Martial and Tribunals

Part V-Appeals and Rules

Part VI-Judicial Service Commission

Chapter XII-The Ombudsman

Chapter XIII-The Public Service

Chapter XIV-Miscellaneous

Chapter XV-Transitional and Temporary Provisions

——————————————————————————–

ARRANGEMENT OF SECTIONS

CHAPTER I
THE KINGDOM AND ITS CONSTITUTION

Section

1. The Kingdom and its territory

2. The Constitution

3. Official languages, National Seal, etc.

CHAPTER II
PROTECTION OF FUNDAMENTAL HUMAN RIGHTS
AND FREEDOMS

4. Fundamental human rights and freedoms

5. Right to life

6. Right to personal liberty

7. Freedom of movement

8. Freedom from inhuman treatment

9. Freedom from slavery and forced labour

10. Freedom from arbitrary search or entry

11. Right to respect for private and family life

12. Right to fair trial, etc.

13. Freedom of conscience

14. Freedom of expression

15. Freedom of peaceful assembly

16. Freedom of association

17. Freedom from arbitrary seizure of property

18. Freedom from discrimination

19. Right to equality before the law and the equal protection of the law

20. Right to participate in government

21. Derogation from fundamental human rights and freedoms

22. Enforcement of protective provisions

23. Declaration of emergency

24. Interpretation and savings

CHAPTER III
PRINCIPLES OF STATE POLICY

25. Application of the principles of State Policy

26. Equality and justice

27. Protection of health

28. Provision for education

29. Opportunity to work

30. Just and favourable conditions of work

31. Protection of workers’ rights and interests

32. Protection of children and young persons

33. Rehabilitation, training and social resettlement of disabled persons

34. Economic opportunities

35. Participation in cultural activities

36. Protection of the environment

CHAPTER IV
CITIZENSHIP

37. Persons who are citizens on the coming into operation of the
Constitution

38. Persons born in Lesotho after the coming into operation of the
Constitution

39. Persons born outside Lesotho after the coming into operation of the
Constitution

40. Marriage to Lesotho citizen

41. Dual citizenship

42. Powers of Parliament

43. Interpretation

CHAPTER V
THE KING

44. The Office of King

45. Succession to the throne of Lesotho

46. The Regent

47. Proceedings in High Court and Court of Appeal

48. Civil List of the King and remuneration of Regent

49. Immunity of the King and Regent from taxation

50. Protection of the King and of certain persons in respect of legal
proceedings

51. Oaths

52. Abdication

53. Vacation of the office of King

CHAPTER VI
PARLIAMENT

Part 1
Composition of Parliament

54. Establishment of Parliament

55. Composition of Senate

56. Composition of National Assembly

57. Elections to National Assembly

58. Qualifications for membership of Parliament

59. Disqualifications for membership of Parliament

60. Tenure of seats of members of Parliament

61. President of Senate

62. Vice-President of Senate

63. Speaker of National Assembly

64. Deputy Speaker of National Assembly

65. Clerks to Houses of Parliament and their staffs

66. Constituency Delimitation Commission

67. Constituencies

68. Chief Electoral Officer

69. Decision of questions as to membership of Parliament

Part 2
Legislation and Procedure in Parliament

70. Power to make laws

71. Oath to be taken by members of Parliament

72. Presiding in Senate

73. Presiding in National Assembly

74. Quorum in Houses of Parliament

75. Voting in Parliament

76. Right of Ministers, Assistant Ministers and Attorney-General to address,
etc. either House

77. Unqualified persons sitting or voting

78. Mode of exercise of legislative power

79. Restrictions with regard to certain financial measures

80. Limitation of powers of Senate

81. Regulation of procedure in Parliament, etc.

Part 3
Summoning, Prorogation and Dissolution

82. Sessions of Parliament

83. Prorogation and dissolution of Parliament

84. General elections

CHAPTER VII

ALTERATION OF CONSTITUTION

85. Alteration of Constitution

CHAPTER VIII
THE EXECUTIVE

86. Executive authority of Lesotho

87. Ministers of Government of Lesotho

88. Cabinet

89. Allocation of portfolios to Ministers

90. Exercise of Prime Minister’s functions during absence or illness

91. Exercise of the King’s functions

92. The King’s right to be consulted and informed concerning matters of
government

93. Assistant Ministers

94. Oaths to be taken by Ministers and Assistant Ministers

95. The Council of State

96. Principal Secretaries

97. Government Secretary

98. Attorney-General

99. Director of Public Prosecutions

100. Constitution of offices

101. Prerogative of Mercy

102. Pardons Committee on Prerogative of Mercy

103. Chiefs

104. College of Chiefs

105. National Planning Board

106. Local authorities

CHAPTER IX
LAND

107. Land vested in Basotho Nation

108. Power to allocate land, etc. vested in the King in trust for Basotho
Nation

109. Laws regulating principles on which land may be allocated, etc.

CHAPTER X
FINANCE

110. Consolidated Fund

111. Withdrawals from Consolidated Fund or other public funds

112. Authorisation of expenditure from Consolidated Fund by appropriation

113. Authorisation of expenditure in advance of appropriation

114. Contingencies Fund

115. Remuneration of certain officers

116. Public debt

117. Auditor-General

CHAPTER XI
THE JUDICATURE

Part 1
The Judiciary

118. The Judiciary

Part 2
The High Court

119. Establishment of High Court

120. Appointment of judges of High Court

121. Tenure of office of Chief Justice and other judges of High Court

122. Oath by judges of High Court

Part 3
The Court of Appeal

123. Establishment of Court of Appeal

124. Appointment of judges of Court of Appeal

125. Tenure of office of appointed judges of Court of Appeal

126. Oath by judges of Court of Appeal

Part 4
Subordinate Courts, Courts-Martial and Tribunals

127. Establishment of other courts and tribunals

128. Reference to High Court in cases in subordinate courts etc. involving
interpretation of Constitution

Part 5
Appeals and Rules

129. Appeals to the Court of Appeal

130. Appeals to the High Court

131. Rules of court

Part 6
Judicial Service Commission

132. Judicial Service Commission

133. Appointment, etc. of judicial officers

CHAPTER XII
THE OMBUDSMAN

134. The Ombudsman

135. Functions of Ombudsman

CHAPTER XIII
THE PUBLIC SERVICE

136. Public Service Commission

137. Appointment, etc. of public officers

138. Chief Electoral Officer

139. Principal Secretaries and Government Secretary

140. Attorney-General

141. Director of Public Prosecutions

142. Auditor-General

143. Principal representatives of Lesotho abroad

144. Teaching Service

145. Defence Commission

146. Defence Force

147. Police Force

148. National Security Service

149. Prison Service

150. Pensions laws and protection of pensions rights

151. Power to withhold pensions, etc.

CHAPTER XIV
MISCELLANEOUS

152. Resignations

153. Re-appointments and concurrent appointments

154. Interpretation

155. Construction of Constitution

CHAPTER XV
TRANSITIONAL AND TEMPORARY PROVISIONS

156. Existing law and related matters

157. The King and the Regent

158. Prime Minister

159. The National Assembly

160. Rules of Procedure of Parliament

161. High Court

162. Court of Appeal

163. Existing Public Officers

164. Salaries charged on the Consolidated Fund

165. Declaration of public emergency

166. Repeals

SCHEDULE 1—Oath of office of King and Regent

SCHEDULE 2—Principal Chiefs

SCHEDULE 3—Oath or affirmation of allegiance

THE CONSTITUTION OF LESOTHO

CHAPTER 1
THE KINGDOM AND ITS CONSTITUTION

1. The Kingdom and its territory

(1) Lesotho shall be a sovereign democratic kingdom.

(2) The territory of Lesotho shall comprise all the
areas that immediately before 4th October 1966 were
comprised in the former Colony of Basutoland together
with such other areas as may from time to time be
declared by an Act of Parliament to form part of
Lesotho.

2. The Constitution

This Constitution is the supreme law of Lesotho and if
any other law is inconsistent with this Constitution,
that other law shall, to the extent of the
inconsistency, be void.

3. Official languages, National Seal, etc.

(1) The official languages of Lesotho shall be Sesotho
and English and, accordingly, no instrument or
transaction shall be invalid by reason only that it is
expressed or conducted in one of those languages.

(2) Subject to the provisions of this section, the
National Seal of Lesotho shall be such device, and the
national anthem and national flag shall be such anthem
and flag, as the case may be, as may be prescribed by
or under an Act of Parliament.

(3) A bill for an Act of Parliament for the purposes of
this section shall not be presented to the King for
assent unless it is supported at the final voting in
the National Assembly by the votes of no less than two-
thirds of all the members of the National Assembly.

CHAPTER II
PROTECTION OF FUNDAMENTAL HUMAN RIGHTS
AND FREEDOMS

4. Fundamental human rights and freedoms

(1) Whereas every person in Lesotho is entitled,
whatever his race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status to fundamental human
rights and freedoms, that is to say, to each and all of
the following—

(a) the right to life;

(b) the right to personal liberty;

(c) freedom of movement and residence;

(d) freedom from inhuman treatment;

(e) freedom from slavery and forced labour;

(f) freedom from arbitrary search or entry;

(g) the right to respect for private and family life;

(h) the right to a fair trial of criminal charges
against him and to a fair determination of his civil
rights and obligations;

(i) freedom of conscience;

(j) freedom of expression;

(k) freedom of peaceful assembly;

(l) freedom of association;

(m) freedom from arbitrary seizure of property;

(n) freedom from discrimination;

(o) the right to equality before the law and the equal
protection of the law; and

(p) the right to participate in government,

the provisions of this Chapter shall have effect for
the purpose of affording protection to those rights and
freedoms, subject to such limitations of that

protection as are contained in those provisions, being
limitations designed to ensure that the enjoyment of
the said rights and freedoms by any person does not
prejudice the rights and freedoms of others or the
public interest.

(2) For the avoidance of doubt and without prejudice to
any other provision of this Constitution it is hereby
declared that the provisions of this Chapter shall,
except where the context otherwise requires, apply as
well in relation to things done or omitted to be done
by persons acting in a private capacity (whether by
virtue of any written law or otherwise) as in relation
to things done or omitted to be done by or on behalf of
the Government of Lesotho or by any person acting in
the performance of the functions of any public office
or any public authority.

5. Right to life

(1) Every human being has an inherent right to life. No
one shall be arbitrarily deprived of his life.

(2) Without prejudice to any liability for a
contravention of any other law with respect to the use
of force in such cases as are hereinafter mentioned, a
person shall not be regarded as having been deprived of
his life in contravention of this section if he dies as
the result of the use of force to such extent as is
necessary in the circumstances of the case—

(a) for the defence of any person from violence or for
the defence of property;

(b) in order to effect a lawful arrest or to prevent
the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection
or mutiny; or

(d) in order to prevent the commission by that person
of a criminal offence,

or if he dies as the result of a lawful act of war or
in execution of the sentence of death imposed by a
court in respect of a criminal offence under the law of
Lesotho of which he has been convicted.

6. Right to personal liberty

(1) Every person shall be entitled to personal liberty,
that is to say, he shall not be arrested or detained
save as may be authorised by law in any of the
following cases, that is to say—

(a) in execution of the sentence or order of a court,
whether established for Lesotho or for some other
country, in respect of a criminal offence of which he
has been convicted;

(b) in execution of the order of the court punishing
him for contempt of that court or of a tribunal;

(c) in execution of the order of a court made to secure
the fulfilment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in
execution of the order of a court;

(e) upon reasonable suspicion of his having committed,
or being about to commit, a criminal offence under the
law of Lesotho;

(f) in the case of a person who has not attained the
age of eighteen years, for the purpose of his education
or welfare;

(g) for the purpose of preventing the spread of an
infectious or contagious disease;

(h) in the case of a person who is, or is reasonably
suspected to be, of unsound mind, addicted to drugs or
alcohol, or a vagrant, for the purpose of his care and
treatment or the protection of the community;

(i) for the purpose of preventing the unlawful entry of
that person into Lesotho, or for the purpose of
effecting the expulsion, extradition or other lawful
removal of that person from Lesotho or for the purpose
of restricting that person while he is being conveyed
through Lesotho in the course of his extradition or
removal as a convicted prisoner from one country to
another; or

(j) to such extent as may be necessary in the execution
of a lawful order requiring that person to remain
within a specified area within Lesotho or prohibiting
him from being within such an area, or to such extent
as may be reasonably justifiable for the taking of
proceedings against that person with a view to the
making of any such order or relating to such an order
after it has been made, or to such extent as may be
reasonably justifiable for restraining that person
during any visit that he is permitted to make to any
part of Lesotho in which, in consequence of any such
order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be
informed as soon as is reasonably practicable, in a
language that he understands, of the reasons for his
arrest or detention.

(3) Any person who is arrested or detained—

(a) for the purpose of bringing him before a court in
execution of the order of a court; or

(b) upon reasonable suspicion of his having committed,
or being about to commit, a criminal offence,

and who is not released, shall be brought before a
court as soon as is reasonably practicable, and where
he is not brought before a court within forty-eight
hours of his arrest or from the commencement of his
detention, the burden of proving that he has been
brought before a court as soon as is reasonably
practicable shall rest upon any person alleging that
the provisions of this subsection have been complied
with.

(4) Where any person is brought before a court in
execution of the order of a court in any proceedings or
upon suspicion of his having committed or being about
to commit an offence, he shall not be thereafter
further held in custody in connection with those
proceedings or that offence save upon the order of a
court.

(5) If any person arrested or detained upon suspicion
of his having committed, or being about to commit, a
criminal offence is not tried within a reasonable time,
then, without prejudice to any further proceedings that
may be brought against him, he shall be released either
unconditionally or upon reasonable conditions,
including in particular such conditions as are
reasonably necessary to ensure that he appears at a
later date for trial or for proceedings preliminary to
trial.

(6) Without prejudice to the generality of any other
provision of this Constitution or any other law by
virtue of which a person is entitled to redress for a
contravention of this section, any person who is
unlawfully arrested or detained by any other person
shall be entitled to compensation from that other

person or from any other person or authority on whose
behalf that other person was acting.

7. Freedom of movement

(1) Every person shall be entitled to freedom of
movement, that is to say, the right to move freely
throughout Lesotho, the right to reside in any part of
Lesotho, the right to enter Lesotho, the right to leave
Lesotho and immunity from expulsion from Lesotho.

(2) Any restriction on a person’s freedom of movement
that is involved in his lawful detention shall not be
held to be inconsistent with or in contravention of
this section.

(3) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of this section to the extent that the
law in question makes provision—

(a) for the imposition of restrictions in the interest
of defence, public safety, public order, public
morality or public health on the movement or residence
within Lesotho of any person or any person’s right to
leave Lesotho:

Provided that a person shall not be permitted to rely
in any judicial proceedings upon such a provision of
law as is referred to in this paragraph except to the
extent to which he satisfies the court that the
provision or, as the case may be, the thing done under
the authority thereof does not restrict the movement or
residence within Lesotho or the right to leave Lesotho
of the person concerned to a greater extent than is
necessary in a practical sense in a democratic society
in the interests of any of the matters specified in
this paragraph;

(b) for the imposition of restrictions, by order of a
court, on the movement or residence within Lesotho of
any person or on any person’s right to leave Lesotho
either in consequence of his having been convicted of a
criminal offence under the law of Lesotho or for the
purpose of ensuring that he appears before a court at a
later date for trial in respect of such a criminal
offence or for proceedings preliminary to trial or for
proceedings relating to his extradition or lawful
removal from Lesotho;

(c) for the prohibition from entry into Lesotho of a
person who is not a citizen of Lesotho;

(d) for the imposition of restrictions on the freedom
of movement of any person who is not a citizen of
Lesotho;

(e) for the imposition of restrictions on the
acquisition or use by any person of land or other
property in Lesotho;

(f) for the imposition of restrictions upon the
movement or residence within Lesotho or on the right to
leave Lesotho of any public officer;

(g) for the removal of a person from Lesotho to be
tried or punished in some other country for a criminal
offence under the law of that other country or to
undergo imprisonment in some other country in execution
of the sentence of a court in respect of a criminal
offence of which he has been convicted under the law of
Lesotho; or

(h) for the imposition of restrictions on the right of
any person to leave Lesotho that are necessary in a
practical sense in a democratic society in order to
secure the fulfilment of any obligations imposed on
that person by law.

(4) If any person whose freedom of movement has been
restricted by virtue of such a provision as is referred
to in subsection (3)(a) so requests at any time during
the period of that restriction not earlier than one
month after the order was made or three months after he
last made such a request, as the case may be, his case
shall be investigated by an independent and impartial
tribunal presided over by a person appointed by the
Chief Justice:

Provided that a person whose freedom of movement has
been restricted by virtue of a restriction that is
applicable to persons generally or to general classes
of persons shall not make a request under this
subsection unless he has first obtained the consent of
the High Court.

(5) On any investigation by a tribunal in pursuance of
subsection (4) of this section of the case of any
person whose freedom of movement has been restricted,
the tribunal may make recommendations concerning the
necessity or expediency of continuing that restriction
to the authority by whom it was ordered and, unless it
is otherwise provided by law, that authority shall be
obliged to act in accordance with any such
recommendations.

(6) Nothing contained in or done under the authority of
any provision of the customary law of Lesotho shall be
held to be inconsistent with or in contravention of
this section to the extent that that provision
authorises the imposition of restrictions upon any
person’s freedom to reside in any part of Lesotho.

8. Freedom from inhuman treatment

(1) No person shall be subjected to torture or to
inhuman or degrading punishment or other treatment.

(2) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of this section to the extent that the
law in question authorises the infliction of any
description of punishment that was lawful in Lesotho
immediately before the coming into operation of this
Constitution.

9. Freedom from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced
labour.

(3) For the purposes of this section, the expression
“forced labour” does not include—

(a) any labour required in consequence of the sentence
or order of a court;

(b) any labour required of any person while he is
lawfully detained that, though not required in
consequence of the sentence or order of a court, is
reasonably required in the interests of hygiene or for
the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined
force in pursuance of his duties as such or, in the
case of a person who has conscientious objections to
service as a member of a military or air force, any
labour that that person is required by law to perform
in place of such service;

(d) any labour required during any period when Lesotho
is at war or a declaration of emergency under section
23 of this Constitution is in force or in the event of
any other emergency or calamity that threatens the life

or well-being of the community, to the extent that the
requiring of such labour is reasonably justifiable, in
the circumstances of any situation arising or existing
during that period or as a result of that other
emergency or calamity, for the purpose of dealing with
that situation; or

(e) any labour reasonably required by law as part of
reasonable and normal community or other civic
obligations.

10. Freedom from arbitrary search or entry

(1) Every person shall be entitled to freedom from
arbitrary search or entry, that is to say, he shall not
(except with his own consent) be subjected to the
search of his person or his property or the entry by
others on his premises.

(2) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of this section to the extent that the
law in question makes provision—

(a) in the interests of defence, public safety, public
order, public morality, public health, town and country
planning, the development or utilisation of mineral
resources or the development or utilisation of any
other property in such a manner as to promote the
public benefit;

(b) for the purpose of protecting the rights or
freedoms of other persons;

(c) that authorises an officer or agent of the
Government of Lesotho or of a local government
authority or of a body corporate established by law for
public purposes to enter on the premises of any person
for the purpose of inspecting those premises or

anything thereon in connection with any tax, rate or
due or for the purpose of carrying out work connected
with any property that is lawfully on those premises
and that belongs to that Government, authority or body
corporate, as the case may be; or

(d) that authorises, for the purpose of enforcing the
judgement or order of a court in any civil proceedings,
the entry upon any premises by order of a court.

(3) A person shall not be permitted to rely in any
judicial proceedings upon such a provision of law as is
referred to in subsection (2) except to the extent to
which he satisfies the court that that provision or, as
the case may be, the thing done under the authority
thereof does not abridge the freedom guaranteed by
subsection (1) to a greater extent than is necessary in
a practical sense in a democratic society in the
interests of any of the matters specified in subsection
(2)(a) or for any of the purposes specified in
subsection (2)(b), (c) or (d).

11. Right to respect for private and family life

(1) Every person shall be entitled to respect for his
private and family life and his home.

(2) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of this section to the extent that the
law in question makes provision—

(a) in the interests of defence, public safety, public
order, public morality or public health; or

(b) for the purpose of protecting the rights and
freedoms of other persons.

(3) A person shall not be permitted to rely in any
judicial proceedings upon such a provision of law as is
referred to in subsection (2) except to the extent to
which he satisfies the court that that provision or, as
the case may be, the thing done under the authority
thereof does not abridge the right guaranteed by
subsection (1) to a greater extent than is necessary in
a practical sense in a democratic society in the
interests of any of the matters specified in subsection
(2)(a) or for the purpose specified in subsection
(2)(b).

12. Right to fair trial, etc.

(1) If any person is charged with a criminal offence,
then, unless the charge is withdrawn, the case shall be
afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.

(2) Every person who is charged with a criminal
offence—

(a) shall be presumed to be innocent until he is proved
or has pleaded guilty;

(b) shall be informed as soon as reasonably
practicable, in a language that he understands and in
adequate detail, of the nature of the offence charged;

(c) shall be given adequate time and facilities for the
preparation of his defence;

(d) shall be permitted to defend himself before the
court in person or by a legal representative of his own
choice;

(e) shall be afforded facilities to examine in person
or by his legal representative the witnesses called by
the prosecution before the court and to obtain the

attendance and carry out the examination of witnesses
to testify on his behalf before the court on the same
conditions as those applying to witnesses called by the
prosecution; and

(f) shall be permitted to have without payment the
assistance of an interpreter if he cannot understand
the language used at the trial of the charge,

and except with his own consent the trial shall not
take place in his absence unless he so conducts himself
as to render the continuance of the proceedings in his
presence impracticable and the court has ordered him to
be removed and the trial to proceed in his absence.

(3) When a person is tried for any criminal offence,
the accused person or any person authorised by him in
that behalf shall, if he so requires and subject to
payment of such reasonable fee as may be prescribed by
law, be given within a reasonable time after judgement
a copy for the use of the accused person of any record
of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal
offence on account of any act or omission that did not,
at the time it took place, constitute such an offence,
and no penalty shall be imposed for a criminal offence
that is severer in degree or description than the
maximum penalty that might have been imposed for that
offence at the time when it was committed.

(5) No person who shows that he has been tried by a
competent court for a criminal offence and either
convicted or acquitted shall be tried again for that
offence or for any other criminal offence of which he
could have been convicted at the trial for that
offence, save upon the order of a superior court in the
course of appeal or review proceedings relating to the
conviction or acquittal.

(6) No person shall be tried for a criminal offence if
he shows that he has been pardoned for that offence.

(7) No person who is tried for a criminal offence shall
be compelled to give evidence at the trial.

(8) Any court or other adjudicating authority
prescribed by law for the determination of the
existence or extent of any civil right or obligation
shall be established by law and shall be independent
and impartial; and where proceedings for such a
determination are instituted by any person before such
a court or other adjudicating authority, the case shall
be given a fair hearing within reasonable time.

(9) Except with the agreement of all parties thereto,
all proceedings of every court and proceedings for the
determination of the existence or extent of any civil
right or obligation before any other adjudicating
authority, including the announcement of the decision
of the court or other authority, shall be held in
public.

(10) Nothing in subsection (9) shall prevent the court
or other adjudicating authority from excluding from the
proceedings persons other than the parties thereto and
their legal representatives to such extent as the court
or other authority—

(a) may by law be empowered to do and may consider
necessary or expedient in circumstances where publicity
would prejudice the interests of justice or in
interlocutory proceedings or in the interests of public
morality, the welfare of persons under the age of
eighteen years or the protection of the private lives
of persons concerned in the proceedings; or

(b) may by law be empowered or required to do in the
interests of defence, public safety or public order.

(11) Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in
contravention of—

(a) subsection (2)(a) to the extent that the law in
question imposes upon any person charged with a
criminal offence the burden of proving particular
facts;

(b) subsection (2)(e) to the extent that the law in
question imposes conditions that must be satisfied if
witnesses called to testify on behalf of accused
persons are to be paid their expenses out of public
funds; or

(c) subsection (5) to the extent that the law in
question authorises a court to try a member of a
disciplined force for a criminal offence
notwithstanding any trial and conviction or acquittal
of that member under the disciplinary law of that
force, so, however, that any court so trying such a
member and convicting him shall in sentencing him to
any punishment take into account any punishment awarded
him under that disciplinary law.

(12) In the case of any person who is held in lawful
detention the provisions of subsection (1), subsections
(2)(d) and (e) and subsection (3) shall not apply in
relation to his trial for a criminal offence under the
law regulating the discipline of persons held in such
detention.

(13) Nothing contained in subsection (2)(d) shall be
construed as entitling a person to legal representation
at public expense.

(14) In this section “criminal offence” means a
criminal offence under the law of Lesotho.

13. Freedom of conscience

(1) Every person shall be entitled to, and (except with
his own consent) shall not be hindered in his enjoyment
of, freedom of conscience, including freedom of thought
and of religion, freedom to change his religion or
belief and freedom, either alone or in community with
others, and both in public and in private, to manifest
and propagate his religion or belief in worship,
teaching, practice and observance.

(2) Every religious community shall be entitled, at its
own expense, to establish and maintain places of
education and to manage any place of education which it
wholly maintains; and no such community shall be
prevented from providing religious instruction for
persons of that community in the course of any
education provided at any places of education which it
wholly maintains or in the course of any education
which it otherwise provides.

(3) Except with his own consent (or, if he is a minor,
the consent of his guardian), no person attending any
place of education shall be required to receive
religious instruction or to take part in or attend any
religious ceremony or observance if that instruction,
ceremony or observance relates to a religion other than
his own.

(4) No person shall be compelled to take any oath which
is contrary to his religion or belief or to take any
oath in a manner which is contrary to his religion or
belief.

(5) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in

contravention of this section to the extent that the
law in question makes provision—

(a) in the interests of defence, public safety, public
order, public morality or public health; or

(b) for the purpose of protecting the rights and
freedoms of other persons, including the right to
observe and practice any religion without the
unsolicited intervention of members of any other
religion.

(6) A person shall not be permitted to rely in any
judicial proceedings upon such a provision of law as is
referred to in subsection (5) except to the extent to
which he satisfies the court that that provision or, as
the case may be, the thing done under the authority
thereof does not abridge the rights and freedoms
guaranteed by this section to a greater extent than is
necessary in a practical sense in a democratic society
in the interests of any of the matters specified in
subsection (5)(a) or for the purpose specified in
subsection (5)(b).

(7) Reference in this section to a religion shall be
construed as including references to a religious
denomination, and cognate expressions shall be
construed accordingly.

14. Freedom of expression

(1) Every person shall be entitled to, and (except with
his own consent) shall not be hindered in his enjoyment
of, freedom of expression, including freedom to hold
opinions without interference, freedom to receive ideas
and information without interference, freedom to
communicate ideas and information without interference
(whether the communication be to the public generally

or to any person or class of persons) and freedom from
interference with his correspondence.

(2) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of this section to the extent that the
law in question makes provision—

(a) in the interests of defence, public safety, public
order, public morality or public health; or

(b) for the purpose of protecting the reputations,
rights and freedoms of other persons or the private
lives of persons concerned in legal proceedings,
preventing the disclosure of information received in
confidence, maintaining the authority and independence
of the courts, or regulating the technical
administration or the technical operation of telephony,
telegraphy, posts, wireless broadcasting or television;
or

(c) for the purpose of imposing restrictions upon
public officers.

(3) A person shall not be permitted to rely in any
judicial proceedings upon such a provision of law as is
referred to in subsection (2) except to the extent to
which he satisfies the court that that provision or, as
the case may be, the thing done under the authority
thereof does not abridge the freedom guaranteed by
subsection (1) to a greater extent than is necessary in
a practical sense in a democratic society in the
interests of any of the matters specified in subsection
(2)(a) or for any of the purposes specified in
subsection (2)(b) or (c).

(4) Any person who feels aggrieved by statements or
ideas disseminated to the public in general by a medium
of communication has the right to reply or to require a

correction to be made using the same medium, under such
conditions as the law may establish.

15. Freedom of peaceful assembly

(1) Every person shall be entitled to, and (except with
his own consent) shall not be hindered in his enjoyment
of freedom of peaceful assembly, without arms, that is
to say, freedom to assemble with other persons.

(2) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of this section to the extent that the
law in question makes provision—

(a) in the interests of defence, public safety, public
order, public morality or public health;

(b) for the purpose of protecting the rights and
freedoms of other persons; or

(c) for the purpose of imposing restrictions upon
public officers.

(3) A person shall not be permitted to rely in any
judicial proceedings upon such a provision of law as is
referred to in subsection (2) except to the extent to
which he satisfies the court that that provision or, as
the case may be, the thing done under the authority
thereof does not abridge the rights and freedoms
guaranteed by subsection (1) to a greater extent than
is necessary in a practical sense in a democratic
society in the interests of any of the matters
specified in subsection (2)(a) or for any of the
purposes specified in subsection (2)(b) or (c).

16. Freedom of association

(1) Every person shall be entitled to, and (except with
his own consent) shall not be hindered in his enjoyment
of freedom to associate freely with other persons for
ideological, religious, political, economic, labour,
social, cultural, recreational and similar purposes.

(2) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of any law to the extent that the law in
question makes provision—

(a) in the interests of defence, public safety, public
order, public morality or public health;

(b) for the purpose of protecting the rights and
freedoms of other persons; or

(c) for the purpose of imposing restrictions upon
public officers.

(3) A person shall not be permitted to rely in any
judicial proceedings upon such a provision of law as is
referred to in subsection (2) except to the extent to
which he satisfies the court that that provision or, as
the case may be, the thing done under the authority
thereof does not abridge the rights and freedoms
guaranteed by subsection (1) to a greater extent than
is necessary in a practical sense in a democratic
society in the interests of any of the matters
specified in subsection (2)(a) or for any of the
purposes specified in subsection (2)(b) or (c).

17. Freedom from arbitrary seizure of property

(1) No property, movable or immovable, shall be taken
possession of compulsorily, and no interest in or right
over any such property shall be compulsorily acquired,
except where the following conditions are satisfied,
that is to say—

(a) the taking of possession or acquisition is
necessary in the interests of defence, public safety,
public order, public morality, public health, town and
country planning or the development or utilisation of
any property in such manner as to promote the public
benefit; and

(b) the necessity therefor is such as to afford
reasonable justification for the causing of any
hardship that may result to any person having an
interest in or right over the property; and

(c) provision is made by a law applicable to that
taking of possession or acquisition for the prompt
payment of full compensation.

(2) Every person having an interest in or right over
property which is compulsorily taken possession of or
whose interest in or right over any property is
compulsorily acquired shall have a right of direct
access to the High Court for—

(a) the determination of his interest or right, the
legality of the taking of possession or acquisition of
the property, interest or right and the amount of any
compensation to which he is entitled; and

(b) the purpose of obtaining prompt payment of that
compensation:

Provided that if Parliament so provides in relation to
any matter referred to in paragraph (a) the right of
access shall be by way of appeal (exercisable as of
right at the instance of the person having the interest
in or right over the property) from a tribunal or
authority, other than the High Court, having
jurisdiction under any law to determine that matter.

(3) The Chief Justice may make rules with respect to
the practice and procedure of the High Court or any
other tribunal or authority in relation to the
jurisdiction conferred on the High Court by subsection
(2) or exercisable by the other tribunal or authority
for the purposes of that subsection (including rules
with respect to the time within which applications or
appeals to the High Court or applications to the other
tribunal or authority may be brought).

(4) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in
contravention of subsection (1) or (2)—

(a) to the extent that the law in question makes
provision that is necessary in a practical sense in a
democratic society for the taking of possession or
acquisition of any property, interest or right—

(i) in satisfaction of any tax, duty, rate, or other
impost;

(ii) by way of penalty for breach of the law, whether
under civil process or after conviction of a criminal
offence under the law of Lesotho;

(iii) as an incident of a valid contract or of the
terms and conditions of service of a public officer;

(iv) in the execution of judgments or orders of a court
in proceedings for the determination of civil rights or
obligations;

(v) in circumstances where it is reasonably necessary
to do so because the property is in a dangerous state
or injurious to the health of human beings, animals or
plants;

(vi) in consequence of any law with respect to
prescription or limitation of actions;

(vii) for so long only as may be necessary for the
purposes of any examination, investigation, trial or
inquiry or, in the case of land, for the purpose of
carrying out thereon of work of soil conservation or
the conservation of other natural resources or work
relating to agricultural development or improvement
(being work relating to such development or improvement
that the occupier of the land has been required, and
has without reasonable excuse refused or failed, to
carry out); or

(viii) in satisfaction of the right conferred under
section 14(4); or

(b) to the extent that the law in question makes
provision for the taking of possession or acquisition
of the following property (including an interest in or
right over property), that is to say—

(i) enemy property;

(ii) property of a deceased person, a person of unsound
mind or a person who has not attained the age of
twenty-one years, for the purpose of its administration
for the benefit of the persons entitled to the
beneficial interest therein;

(iii) property of a person adjudged insolvent or a body
corporate in liquidation, for the purpose of its
administration for the benefit of the creditors of the
insolvent or body corporate and, subject thereto, for
the benefit of other persons entitled to the beneficial
interest in the property; or

(iv) property subject to a trust, for the purpose of
vesting the property in persons appointed as trustees

under the instrument creating the trust or by a court
or, by order of a court, for the purpose of giving
effect to the trust.

(5) Nothing contained in or done under the authority of
any Act of Parliament shall be held to be inconsistent
with or in contravention of this section to the extent
that the Act in question makes provision for the
compulsory taking possession of any property or the
compulsory acquisition of any interest in or right over
property where that property, interest or right is
vested in a body corporate established by law for
public purposes, in which no moneys have been invested
other than moneys provided by Parliament.

18. Freedom from discrimination

(1) Subject to the provisions of subsections (4) and
(5) no law shall make any provision that is
discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsection (6), no
person shall be treated in a discriminatory manner by
any person acting by virtue of any written law or in
the performance of the functions of any public office
or any public authority.

(3) In this section, the expression “discriminatory”
means affording different treatment to different
persons attributable wholly or mainly to their
respective descriptions by race, colour, sex, language,
religion, political or other opinion, national or
social origin, property, birth or other status whereby
persons of one such description are subjected to
disabilities or restrictions to which persons of
another such description are not made subject or are
accorded privileges or advantages which are not
accorded to persons of another such description.

(4) Subsection (1) shall not apply to any law to the
extent that that law makes provision—

(a) with respect to persons who are not citizens of
Lesotho; or

(b) for the application, in the case of persons of any
such description as is mentioned in subsection (3) (or
of persons connected with such persons), of the law
with respect to adoption, marriage, divorce, burial,
devolution of property on death or other like matters
which is the personal law of persons of that
description; or

(c) for the application of the customary law of Lesotho
with respect to any matter in the case of persons who,
under that law, are subject to that law; or

(d) for the appropriation of public revenues or other
public funds; or

(e) whereby persons of any such description as is
mentioned in subsection (3) may be made subject to any
disability or restriction or may be accorded any
privilege or advantage which, having regard to its
nature and to special circumstances pertaining to those
persons or to persons of any other such description, is
reasonably justifiable in a democratic society.

Nothing in this subsection shall prevent the making of
laws in pursuance of the principle of State Policy of
promoting a society based on equality and justice for
all the citizens of Lesotho and thereby removing any
discriminatory law.

(5) Nothing contained in any law shall be held to be
inconsistent with or in contravention of subsection (1)
to the extent that it makes provision with respect to
standards of qualifications (not being standards of

qualifications specifically relating to race, colour,
sex, language, religion, political or other opinion,
national or social origin, property, birth or other
status) to be required of any person who is appointed
to any office in the public service, any office in a
disciplined force, any office in the service of a local
government authority or any office in a body corporate
established by law for public purposes.

(6) Subsection (2) shall not apply to anything which is
expressly or by necessary implication authorised to be
done by any such provision of law as is referred to in
subsection (4) or (5).

(7) No person shall be treated in a discriminatory
manner in respect of access to shops, hotels, lodging
houses, public restaurants, eating houses, beer halls
or places of public entertainment or in respect of
access to places of public resort maintained wholly or
partly out of public funds or dedicated to the use of
the general public.

(8) The provisions of this section shall be without
prejudice to the generality of section 19 of this
Constitution.

19. Right to equality before the law and the equal
protection of the law

Every person shall be entitled to equality before the
law and to the equal protection of the law.

20. Right to participate in government

(1) Every citizen of Lesotho shall enjoy the right—

(a) to take part in the conduct of public affairs,
directly or through freely chosen representatives;

(b) to vote or to stand for election at periodic
elections under this Constitution under a system of
universal and equal suffrage and secret ballot;

(c) to have access, on general terms of equality, to
the public service.

(2) The rights referred to in subsection (1) shall be
subject to the other provisions of this Constitution.

21. Derogation from fundamental human rights and
freedoms

(1) Nothing contained in or done under the authority of
an Act of Parliament shall be held to be inconsistent
with or in contravention of section 6, section 18 or
section 19 of this Constitution to the extent that the
Act authorises the taking during any period when
Lesotho is at war or when a declaration of emergency
under section 23 of this Constitution is in force of
measures that are necessary in a practical sense in a
democratic society for dealing with the situation that
exists in Lesotho during that period.

(2) When a person is detained by virtue of any such law
as is referred to in subsection (1) the following
provisions shall apply, that is to say—

(a) he shall, as soon as reasonably practicable after
the commencement of his detention, be furnished with a
statement in writing in a language that he understands
specifying in detail the grounds upon which he is
detained;

(b) not more than fourteen days after the commencement
of his detention, a notification shall be published in
the Gazette stating that he has been detained and
giving particulars of the provision of law under which
his detention is authorised;

(c) not more than one month after the commencement of
his detention and thereafter during his detention at
intervals of not more than six months, his case shall
be investigated by an independent and impartial
tribunal established by law and presided over by a
person appointed by the Chief Justice;

(d) he shall be afforded reasonable facilities to
consult a legal representative of his own choice who
shall be permitted to make representations to the
tribunal appointed for the investigation of the case of
the detained person; and

(e) at the hearing of his case by the tribunal
appointed for the investigation of his case he shall be
permitted to appear in person or by a legal
representative of his own choice.

(3) On any investigation by a tribunal in pursuance of
this section of the case of a detained person, the
tribunal may make recommendations concerning the
necessity or expediency of continuing his detention to
the authority by which it was ordered but, unless it is
otherwise provided by law, that authority shall not be
obliged to act in accordance with any such
recommendations.

(4) Nothing contained in subsection (2)(d) or (e) shall
be construed as entitling a person to legal
representation at public expense.

22. Enforcement of protective provisions

(1) If any person alleges that any of the provisions of
sections 4 to 21 (inclusive) of this Constitution has
been, is being or is likely to be contravened in
relation to him (or, in the case of a person who is
detained, if any other person alleges such a

contravention in relation to the detained person),
then, without prejudice to any other action with
respect to the same matter which is lawfully available,
that person (or that other person) may apply to the
High Court for redress.

(2) The High Court shall have original jurisdiction—

(a) to hear and determine any application made by any
person in pursuance of subsection (1); and

(b) to determine any question arising in the case of
any person which is referred to it in pursuance of
subsection (3),

and may make such orders, issue such process and give
such directions as it may consider appropriate for the
purpose of enforcing or securing the enforcement of any
of the provisions of sections 4 to 21 (inclusive) of
this Constitution:

Provided that the High Court may decline to exercise
its powers under this subsection if it is satisfied
that adequate means of redress for the contravention
alleged are or have been available to the person
concerned under any other law.

(3) If in any proceedings in any subordinate court any
question arises as to the contravention of any of the
provisions of sections 4 to 21 (inclusive) of this
Constitution, the person presiding in that court may,
and shall if any party to the proceedings so requests,
refer the question to the High Court unless, in his
opinion, the raising of the question is merely
frivolous or vexatious.

(4) Where any question is referred to the High Court in
pursuance of subsection (3), the High Court shall give
its decision upon the question and the court in which

the question arose shall dispose of the case in
accordance with that decision or, if that decision is
the subject of an appeal under section 129 of this
Constitution to the Court of Appeal, in accordance with
the decision of the Court of Appeal.

(5) Parliament may confer upon the High Court such
powers in addition to those conferred by this section
as may appear to be necessary or desirable for the
purposes of enabling that court more effectively to
exercise the jurisdiction conferred upon it by this
section.

(6) The Chief Justice may make rules with respect to
the practice and procedure of the High Court in
relation to the jurisdiction and powers conferred on it
by or under this section (including rules with respect
to the time within which applications may be brought
and references shall be made to the High Court).

23. Declaration of emergency

(1) In time of war or other public emergency which
threatens the life of the nation, the Prime Minister
may, acting in accordance with the advice of the
Council of State, by proclamation which shall be
published in the Gazette, declare that a state of
emergency exists for the purposes of this Chapter.

(2) Every declaration of emergency shall lapse at the
expiration of fourteen days, commencing with the day on
which it was made, unless it has in the meantime been
approved by a resolution of each House of Parliament.

(3) A declaration of emergency may at any time be
revoked by the Prime Minister acting in accordance with
the advice of the Council of State, by proclamation
which shall be published in the Gazette.

(4) A declaration of emergency that has been approved
by a resolution of each House of Parliament in
pursuance of subsection (2) shall, subject to the
provisions of subsection (3), remain in force so long
as those resolutions remain in force and no longer.

(5) A resolution of either House of Parliament passed
for the purposes of this section shall remain in force
for six months or such shorter period as may be
specified therein:

Provided that any such resolution may be extended from
time to time by a further such resolution, each
extension not exceeding six months from the date of the
resolution effecting the extension.

(6) Where the resolutions of the two Houses of
Parliament made under subsection (2) or (5) differ, the
resolution of the National Assembly shall prevail.

(7) Any provision of this section that a declaration of
emergency shall lapse or cease to be in force at any
particular time is without prejudice to the making of a
further such declaration whether before or after that
time.

(8) The King may summon the two Houses of Parliament to
meet for the purposes of this section notwithstanding
that Parliament then stands dissolved, and the persons
who were members of either House immediately before the
dissolution shall be deemed, for those purposes, still
to be members of that House, but, subject to the
provisions of sections 61(4) and 63(4) of this
Constitution, neither House shall, when summoned by
virtue of this subsection, transact any business other
than debating and voting upon resolutions for the
purposes of this section.

24. Interpretation and savings

(1) In this Chapter, unless the context otherwise
requires—

“contravention” in relation to any requirement,
includes a failure to comply with that requirement, and
cognate expressions shall be construed accordingly;

“court” means a court of law having jurisdiction in
Lesotho other than a court established by a
disciplinary law, and, in sections 5 and 9 of this
Constitution, includes a court established by a
disciplinary law;

“disciplinary law” means a law regulating the
discipline of any disciplined force;

“disciplined force” means—

(a) a military or air force; or

(b) the Police Force; or

(c) the National Security Service; or

(d) the prison service;

“legal representative” means a person entitled to
practise as a legal practitioner in Lesotho; and

“member” in relation to a disciplined force, includes
any person who, under the law regulating the discipline
of that force, is subject to that discipline.

(2) Nothing contained in any of the provisions of
section 7, section 17 or section 18 of this
Constitution shall be construed as affecting any law
for the time being in force relating to the allocation
of land or the grant of any interest or right in or

over land or as entitling any person to any greater
such interest or right than he would otherwise have.

(3) In relation to any person who is a member of a
disciplined force raised under a law of Lesotho,
nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the
provisions of this Chapter other than sections 5, 8 and
9.

(4) In relation to any person who is a member of a
disciplined force raised otherwise than as aforesaid
and lawfully present in Lesotho, nothing contained in
or done under the authority of the disciplinary law of
that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter.

CHAPTER III
PRINCIPLES OF STATE POLICY

25. Application of the principles of State policy

The principles contained in this Chapter shall form
part of the public policy of Lesotho. These principles
shall not be enforceable by any court but, subject to
the limits of the economic capacity and development of
Lesotho, shall guide the authorities and agencies of
Lesotho, and other public authorities, in the
performance of their functions with a view to achieving
progressively, by legislation or otherwise, the full
realisation of these principles.

26. Equality and justice

(1) Lesotho shall adopt policies aimed at promoting a
society based on equality and justice for all its
citizens regardless of race, colour, sex, language,

religion, political or other opinion, national or
social origin, property, birth or other status.

(2) In particular, the State shall take appropriate
measures in order to promote equality of opportunity
for the disadvantaged groups in the society to enable
them to participate fully in all spheres of public
life.

27. Protection of health

(1) Lesotho shall adopt policies aimed at ensuring the
highest attainable standard of physical and mental
health for its citizens, including policies designed
to—

(a) provide for the reduction of stillbirth rate and of
infant mortality and for the healthy development of the
child;

(b) improve environmental and industrial hygiene;

(c) provide for the prevention, treatment and control
of epidemic, endemic, occupational and other diseases;

(d) create conditions which would assure to all,
medical service and medical attention in the event of
sickness; and

(e) improve public health.

28. Provision for education

Lesotho shall endeavour to make education available to
all and shall adopt policies aimed at securing that—

(a) education is directed to the full development of
the human personality and sense of dignity and

strengthening the respect for human rights and
fundamental freedoms;

(b) primary education is compulsory and available to
all;

(c) secondary education, including technical and
vocational education, is made generally available and
accessible to all by every appropriate means, and in
particular, by the progressive introduction of free
education;

(d) higher education is made equally accessible to all,
on the basis of capacity, by every appropriate means,
and in particular, by the progressive introduction of
free education; and

(e) fundamental education is encouraged or intensified
as far as possible for those persons who have not
received or completed their primary education.

29. Opportunity to work

(1) Lesotho shall endeavour to ensure that every person
has the opportunity to gain his living by work which he
freely chooses or accepts.

(2) Lesotho shall adopt policies aimed at—

(a) achieving and maintaining as high and stable a
level of employment as possible;

(b) providing technical and vocational guidance and
training programmes; and

(c) achieving steady economic, social and cultural
development and full and productive employment under
conditions safeguarding fundamental political and
economic freedoms to the individual.

30. Just and favourable conditions of work

Lesotho shall adopt policies aimed at securing just and
favourable conditions of work and in particular
policies directed to achieving—

(a) remuneration which provides all workers, as a
minimum with—

(i) fair wages and equal remuneration for work of equal
value without distinction of any kind, and in
particular, women being guaranteed conditions of work,
including pension or retirement benefits, not inferior
to those enjoyed by men, with equal pay for equal work;
and

(ii) a decent living for themselves and their families;

(b) safe and healthy working conditions;

(c) equal opportunity for men and women to be promoted
in their employment to an appropriate higher level,
subject to no considerations other than those of
seniority and competence;

(d) the protection of women who are in employment
during a reasonable period before and after childbirth;
and

(e) rest, leisure and reasonable limitation of working
hours and periodic holidays with pay, as well as
remuneration for public holidays.

31. Protection of workers’ rights and interests

Lesotho shall take appropriate steps in order to
encourage the formation of independent trade unions to

protect workers’ rights and interests and to promote
sound labour relations and fair employment practices.

32. Protection of children and young persons

Lesotho shall adopt policies designed to provide that—

(a) protection and assistance is given to all children
and young persons without any discrimination for
reasons of parentage or other conditions;

(b) children and young persons are protected from
economic and social exploitation;

(c) the employment of children and young persons in
work harmful to their morals or health or dangerous to
life or likely to hamper their normal development is
punishable by law; and

(d) there are age limits below which the paid
employment of children and young persons is prohibited
and punishable by law.

33. Rehabilitation, training and social resettlement of
disabled persons

With a view to ensuring the rehabilitation, training
and social resettlement of disabled persons, Lesotho
shall adopt policies designed to—

(a) provide for training facilities, including
specialised institutions, public or private; and

(b) place disabled persons in employment and encourage
employers to admit disabled persons to employment.

34. Economic opportunities

Lesotho shall adopt policies which encourage its
citizens to acquire property including land, houses,
tools and equipment; and shall take such other economic
measures as the State shall consider affordable.

35. Participation in cultural activities

(1) Lesotho shall endeavour to ensure that every
citizen has an opportunity to freely participate in the
cultural life of the community and to share in the
benefits of scientific advancement and its application.

(2) Lesotho shall adopt policies designed to protect
the interests of any citizen in any scientific,
literary or artistic production of which he is the
author.

36. Protection of the Environment

Lesotho shall adopt policies designed to protect and
enhance the natural and cultural environment of Lesotho
for the benefit of both present and future generations
and shall endeavour to assure to all citizens a sound
and safe environment adequate for their health and
well-being.

CHAPTER IV
CITIZENSHIP

37. Persons who are citizens on the coming into
operation of the Constitution

Every person who immediately before the coming into
operation of this Constitution is a citizen of Lesotho
under the Lesotho Citizenship Order 1971 shall, on the
coming into operation of this Constitution and subject
to any provision made in or under this Chapter,
continue to be a citizen of Lesotho.

38. Persons born in Lesotho after the coming into
operation of the Constitution

(1) Subject to the provisions of subsections (2)and
(3), every person born in Lesotho after the coming into
operation of this Constitution shall become a citizen
of Lesotho.

(2) Save as provided in subsection (3), a person shall
not become a citizen of Lesotho by virtue of this
section if at the time of his birth neither of his
parents is a citizen of Lesotho, and—

(a) one or both of his parents possesses such immunity
from suit and legal process as is accorded to the envoy
of a foreign sovereign power accredited to Lesotho; or

(b) one or both of his parents is an enemy alien and
the birth occurs in a place then under occupation by
the enemy.

(3) A person born in Lesotho on or after the coming
into operation of this Constitution who is disqualified
to become a citizen of Lesotho by virtue of subsection
(2) of this section shall become a citizen of Lesotho
if he would otherwise become stateless.

39. Persons born outside Lesotho after the coming into
operation of the Constitution

A person born outside Lesotho after the coming into
operation of this Constitution shall become a citizen
of Lesotho at the date of his birth, if at that date
either of his parents is a citizen of Lesotho otherwise
than by descent.

40. Marriage to Lesotho citizen

(1) Any woman who, immediately before the coming into
operation of this Constitution, is or has been married
to a person—

(a) who continues to be a citizen of Lesotho by virtue
of section 37 of this Constitution; or

(b) who, having died before the coming into operation
of this Constitution would, but for his death, have
continued to be a citizen of Lesotho by virtue of that
section,

shall be entitled, upon making application and upon
taking the oath of allegiance, to be registered as a
citizen of Lesotho.

(2) Any woman who, after the coming into operation of
this Constitution, marries a citizen of Lesotho shall
be entitled, upon making application and upon taking
the oath of allegiance, to be registered as a citizen
of Lesotho.

41. Dual citizenship

(1) Any person who, upon the attainment of the age of
twenty-one years, is a citizen of Lesotho and also a
citizen of some country other than Lesotho shall cease
to be a citizen of Lesotho upon the specified date
unless he has renounced his citizenship of that other
country, taken the oath of allegiance and, in the case
of a person who is a citizen of Lesotho by descent,
made and registered such declaration of his intentions
concerning residence as may be prescribed by
Parliament.

(2) A citizen of Lesotho shall cease to be such a
citizen if—

(a) having attained the age of twenty-one years, he
acquires the citizenship of some country other than
Lesotho by voluntary act (other than marriage); or

(b) having attained the age of twenty-one years, he
otherwise acquires the citizenship of some country
other than Lesotho and has not, by the specified date,
renounced his citizenship of that other country, taken
the oath of allegiance and made and registered such
declaration of his intentions concerning residence as
may be prescribed.

(3) A woman who—

(a) becomes a citizen of Lesotho by registration under
the provisions of section 40 of this Constitution; and

(b) is immediately after the day upon which she becomes
a citizen of Lesotho also a citizen of some other
country,

shall cease to be a citizen of Lesotho upon the
specified date unless she has renounced the citizenship
of that other country, taken the oath of allegiance,
and made and registered such declaration of her
intentions concerning residence as may be prescribed.

(4) For the purposes of this section, where, under the
law of a country other than Lesotho a person cannot
renounce his citizenship of that other country, he need
not make such renunciation but he may instead be
required to make such declaration concerning that
citizenship as may be prescribed.

(5) In this section “the specified date” means, in
respect of a person to whom subsection (1) or (2)(b) or
(3), as the case may be, refers, such date as may be
specified in relation to that person by or under an Act
of Parliament.

42. Powers of Parliament

(1) Parliament may make provision for the acquisition
of citizenship of Lesotho by persons who are not
eligible or who are no longer eligible to become
citizens of Lesotho under the provisions of this
Chapter.

(2) Parliament may make provision for depriving of his
citizenship of Lesotho any person other than a person
who became or becomes—

(a) a citizen of Lesotho by virtue of having been born
in Lesotho; or

(b) a citizen of Lesotho by descent,

unless he would thereby become stateless.

(3) Parliament may make provision for the renunciation
by any person of his citizenship of Lesotho.

43. Interpretation

(1) In this Chapter—

“alien” means a person who is not a citizen of Lesotho;

“prescribed” means prescribed by or under any Act of
Parliament.

(2) In this Chapter, references to a citizen by descent
are references to a person who is a citizen of Lesotho
by virtue of section 39 of this Constitution or of
section 23(2) or 26 of the Constitution of Lesotho of
1966 or of section 6 of the Lesotho Citizenship Order
1971.

(3) For the purposes of this Chapter, a person born
aboard a registered ship or aircraft, or aboard an
unregistered ship or aircraft of the Government of any
country, shall be deemed to have been born in the place
in which the ship or aircraft was registered or, as the
case may be, in that country.

(4) Any reference in this Chapter to the national
status of the parent of a person at the time of that
person’s birth shall, in relation to a person born
after the death of either parent be construed as a
reference to the national status of that parent at that
parent’s death, and where that death occurred before
the coming into operation of this Constitution, and the
birth occurred after the coming into operation of this
Constitution the national status that the parent would
have had if he or she had died on the coming into
operation of this Constitution shall be deemed to be
his or her national status at the time of his or her
death.

CHAPTER V
THE KING

44. The Office of King

(1) There shall be a King of Lesotho who shall be a
constitutional monarch and Head of State.

(2) The King shall do all things that belong to his
office in accordance with the provisions of this
Constitution and of all other laws for the time being
in force and shall faithfully comply with the terms of
the oath of the office of King set out in Schedule I to
this Constitution.

45. Succession to the throne of Lesotho

(1) The College of Chiefs may at any time designate, in
accordance with the customary law of Lesotho, the
person (or the persons, in order of prior right) who
are entitled to succeed to the office of King upon the
death of the holder of, or the occurrence of any
vacancy in, that office and if on such death or
vacancy, there is a person who has previously been
designated in pursuance of this section and who is
capable under the customary law of Lesotho of
succeeding to that office, that person (or, if there is
more than one such person, that one of them who has
been designated as having the first right to succeed to
the office) shall become King.

(2) If, on the death of the holder of, or the
occurrence of any vacancy in, the office of King, there
is no person who becomes King under subsection (1), the
College of Chiefs shall, with all practical speed and
in accordance with the customary law of Lesotho,
proceed to designate a person to succeed to the office
of King and the person so designated shall thereupon
become King.

(3) Whenever the holder of the office of King or a
Regent—

(a) has occasion to be absent from Lesotho for a period
which the College of Chiefs has reason to believe will
be of short duration; or

(b) is suffering from an illness which the College of
Chiefs has reason to believe will be of short duration,

the College of Chiefs may for the time being designate
a person, in accordance with the customary law of
Lesotho, to exercise the functions of the office of
King, and any person for the time being so designated
may exercise all the functions of the office of King

during the absence or illness of the holder of that
office or the Regent.

(4) Every designation made for the purposes of this
section shall be published in the Gazette.

(5) Where any person has been designated to succeed to
the office of King in pursuance of subsection (1) or
(2), any other person who claims that, under the
customary law of Lesotho, he should have been so
designated in place of that person may, by application
made to the High Court within a period of six months
commencing with the day on which the designation was
published in the Gazette, apply to have the designation
varied by the substitution of his own name for that of
the first mentioned person, but, save as provided in
this Chapter, the designation of any person for the
purposes of this section shall not otherwise be called
in question in any court on the ground that, under the
customary law of Lesotho, the person designated was not
entitled to be so designated.

(6) Pending the decision of the High Court or, as the
case may be, of the Court of Appeal, a designation
which is the subject of the appeal shall remain of full
force and effect.

(7) In this section references to a vacancy in the
office of King are references to a vacancy caused by
the abdication of the King or by a resolution or
resolutions of Parliament under section 53 of this
Constitution that the holder of the office of King
should cease to hold that office.

46. The Regent

(1) The College of Chiefs may at any time designate, in
accordance with the customary law of Lesotho, the
person (or the persons, in order of prior right) who

shall be Regent, that is to say, who shall exercise the
functions of the office of King in any of the following
circumstances—

(a) when the holder of that office has not attained the
age of twenty-one years; or

(b) when the holder of that office (and any person who
has been designated as having a prior right to be
Regent) is unable by reason of absence from Lesotho or
by reason of infirmity of body or mind to exercise the
functions of that office; or

(c) when, in the circumstances specified in section
45(2) of this Constitution, the College of Chiefs has
not yet made a designation in pursuance of that
subsection,

and if, in any of those circumstances, there is a
person who has previously been designated in pursuance
of this subsection and who is capable under the
customary law of Lesotho of becoming Regent, that
person (or, if there is more than one such person, that
one of them who has been designated as having the first
right to be Regent) shall become Regent.

(2) If, in any of the circumstances specified in
subsection (1)(a), (b) or (c), there is no person who
becomes Regent under that subsection, the College of
Chiefs shall, with all practical speed and in
accordance with the customary law of Lesotho, proceed
to designate a person to be Regent and the person so
designated shall thereupon become Regent.

(3) If the College of Chiefs fails within a reasonable
time to discharge the duty imposed on it by subsection
(2), the High Court may, upon the application of any
person, itself designate a person to be Regent in

accordance with the customary law of Lesotho and the
person so designated shall thereupon become Regent.

(4) A Regent shall not exercise the functions of the
office of King at any time when a person is for the
time being designated to exercise such functions in
pursuance of section 45(3) of this Constitution.

(5) Every designation made for the purpose of this
section shall be published in the Gazette.

47. Proceedings in High Court and Court of Appeal

(1) An appeal shall lie to the Court of Appeal from any
decision of the High Court made under section 45(5) or
section 46(3) of this Constitution.

(2) The High Court and the Court of Appeal shall
consider with all practical speed every application or
appeal, as the case may be, made to it under section
45(5), or section 46(3) of this Constitution or
subsection (1).

(3) The Chief Justice may make rules with respect to
the practice and procedure of the High Court in
relation to the jurisdiction and powers conferred on it
by or under section 45(5) and section 46(3) of this
Constitution (including rules with respect to the time
within which application may be made to the Court under
those sections).

48. Civil List of the King and remuneration of Regent

(1) The King shall have such Civil List as may be
provided by Parliament and that Civil List shall be a
charge upon the Consolidated Fund and shall not be
reduced during the King’s continuance in office.

(2) A person exercising the functions of the office of
King as Regent shall, in respect of any period during
which he exercises those functions, be entitled to
remuneration as may be prescribed by Parliament, and
the remuneration prescribed under this subsection in
relation to any person in respect of any such period
shall be a charge on the Consolidated Fund and shall
not be reduced after the commencement of that period.

49. Immunity of the King and Regent from taxation

(1) The King shall be entitled to immunity from
taxation in respect of his Civil List, all income
accruing to him in his private capacity and all
property owned by him in his private capacity.

(2) A person who is exercising or who has exercised the
functions of the office of King as Regent shall be
entitled to immunity from taxation in respect of any
remuneration to which he is entitled under section
48(2) of this Constitution, all income accruing to him
in his private capacity during any period during which
he is exercising those functions and, in so far as the
taxation relates to that period, all property owned by
him in his private capacity.

(3) The King shall be entitled to immunity from the
compulsory taking possession of any property held by
him in his private capacity and the compulsory
acquisition of any interest in or right over any
property, being an interest or right owned by him in
his private capacity.

50. Protection of the King and of certain persons in
respect of legal proceedings

(1) Whilst any person holds the office of King, he
shall be entitled to immunity from suit and legal
process in any civil cause in respect of all things

done or omitted to be done by him in his private
capacity and to immunity from criminal proceedings in
respect of all things done or omitted to be done by him
either in his official capacity or in his private
capacity.

(2) Whilst any person exercises the functions of the
office of King as Regent or by virtue of a designation
under section 45(3) of this Constitution, no criminal
proceedings shall be instituted or continued against
him in respect of anything done or omitted to be done
by him either in his official capacity or in his
private capacity, and no civil proceedings shall be
instituted or continued in respect of which relief is
claimed against him in respect of anything done or
omitted to be done by him in his private capacity.

(3) Where provision is made by law limiting the time
within which proceedings of any description may be
brought against any person, the period during which
that person has held the office of King or exercised
the functions of the office of King shall not be taken
into account in calculating the period of time
prescribed by that law which determines whether any
such proceedings as are mentioned in subsection (1) or
(2), as the case may be, of this section may be brought
against that person.

(4) Where a debt or obligation is owing to any person
as a result of anything done or omitted to be done by
the King, Regent or by a person designated to exercise
the functions of the office of King during the absence
or illness of the holder of that office or of the
Regent, in his private capacity, the person to whom the
debt or obligation is owing may lodge an application in
writing to the Minister responsible for finance who, in
his absolute discretion, may, after consultation with
the Attorney-General, defray the debt or make provision
to satisfy the obligation out of the Civil List.

(5) Any civil right of action that the King, or any
person exercising the functions of the office of the
King as Regent or by virtue of a designation under
section 45(3) of this Constitution, would have in his
private capacity, shall vest in the Attorney-General
who may institute appropriate proceedings, and any
proceedings therefrom shall be paid to the King or, as
the case may be, to the person exercising the functions
of the office of the King.

51. Oaths

(1) The King shall, as soon as is practicable after
succeeding to the office of King and before entering
upon the duties of his office (or, in the case of a
person who when he so succeeded was below the age of
twenty-one years, as soon as is practicable after
attaining that age before entering upon the duties of
his office), take and subscribe the oath for the due
execution of his office which is set out in Schedule 1
to this Constitution.

(2) A Regent shall, before entering upon the duties of
his office, take and subscribe the oath of allegiance
and the oath for the due execution of his office which
is set out in Schedule I to this Constitution.

(3) The oaths referred to in the foregoing provisions
of this section shall be administered to the King or,
as the case may be, to the Regent, by the Chief Justice
(or, in the absence of the Chief Justice, by a judge of
the Court of Appeal or some other judge of the High
Court) in the presence of such of the judges of the
Court of Appeal, such of the other judges of the High
Court and such Ministers of the Government of Lesotho
and such other authorities of the Government of Lesotho
as are able to attend.

52. Abdication

The King may, at any time, abdicate, but such
abdication shall not affect the right of any person who
is entitled to succeed to the office of King.

53. Vacation of the office of King

(1) If, in the opinion of the Prime Minister—

(a) the King declines to take and subscribe the oath
set out in Schedule I to this Constitution;

(b) the King having taken and subscribed the said oath,
thereafter fails or declines to abide by any of its
terms; or

(c) the King is unable to perform the functions of his
office due to infirmity of body or mind,

the Prime Minister may report the facts thereof to the
National Assembly and the Senate.

(2) On receiving a report under subsection (1), the
National Assembly and the Senate shall each determine
and declare by resolution whether the circumstances are
such that the person holding the office of King should
cease to hold such office and, subject to the
provisions of subsection (3), where it is so declared
that the person holding the office of King should cease
to hold that office, that person shall vacate the
office of King with effect from such date as may be
specified in the resolution or if no date is so
specified, on the date on which the resolution is
passed.

(3) Where the resolutions of the two Houses of
Parliament made under subsection (2) differ, the
resolution of the National Assembly shall prevail.

(4) The Prime Minister shall cause to be published in
the Gazette every resolution made by the Houses of
Parliament under this section and, if as a consequence
of such a resolution the person holding the office of
King has vacated his office, shall give notice of that
fact and of the date (in this section referred to as
the “effective date”) of his so vacating his office.

(5) Whenever the person holding the office of King has
vacated office in accordance with this section, any act
performed or any thing done on or after the effective
date by the person so vacating the office or by the
Regent or by a person designated under this
Constitution to perform the functions of the office of
King which purports to have been performed or done by
such person in the exercise of the office of King shall
be null and void.

CHAPTER VI
PARLIAMENT

Part 1
Composition of Parliament

54. Establishment of Parliament

There shall be a Parliament which shall consist of the
King, a Senate and a National Assembly.

55. Composition of Senate

The Senate shall consist of the twenty-two Principal
Chiefs and eleven other Senators nominated in that
behalf by the King acting in accordance with the advice
of the Council of State:

Provided that—

(a) a Principal Chief may, by notice in writing to the
President of the Senate, designate any other person to
be a Senator in his place either generally or for any
sitting or sittings of the Senate specified in the
notice and may, by notice in like manner, vary or
revoke any such designation; and

(b) the Council of State shall not meet for the purpose
of tendering advice to the King for the nomination of
Senators following a general election of members of the
National Assembly until after the first sitting of the
National Assembly following that general election.

56. Composition of National Assembly

The National Assembly shall consist of eighty members
elected in accordance with the provisions of this
Constitution.

57. Elections to National Assembly

(1) Lesotho shall, in accordance with the provisions of
section 67 of this Constitution, be divided into
constituencies and each constituency shall elect one
member to the National Assembly in such manner as,
subject to the provisions of this Constitution, may be
prescribed by or under any law.

(2) Subject to the provisions of subsections (3) and
(4), every person who—

(a) is a citizen of Lesotho; and

(b) has attained the age of twenty-one years; and

(c) possesses such qualifications as to residence as
may be prescribed by Parliament,

shall be qualified to be registered as an elector in
elections to the National Assembly under a law in that
behalf; and no other person may be so registered.

(3) No person shall be qualified to be registered as an
elector in elections to the National Assembly who, at
the date of his application to be registered—

(a) is, by virtue of his own act, under any
acknowledgement of allegiance, obedience or adherence
to any foreign power or state; or

(b) is under sentence of death imposed on him by any
court in Lesotho; or

(c) is, under any law in force in Lesotho, adjudged or
otherwise declared to be of unsound mind.

(4) Parliament may provide that a person who is
convicted by any court of any offence that is
prescribed by Parliament and that is connected with the
election of members of the National Assembly or who is
reported guilty of such an offence by the court trying
an election petition shall not be qualified to be
registered as an elector in elections to the National
Assembly for such period (not exceeding five years)
following his conviction or, as the case may be,
following the report of the court as may be so
prescribed.

(5) Subject to the provisions of subsections (6) and
(7), every person who is registered in any constituency
as an elector in elections to the National Assembly
shall be qualified to vote in such elections in that
constituency in accordance with the provisions of any
law in that behalf; and no other person may so vote.

(6) Parliament may provide that a person who holds or
is acting in any office that is specified by Parliament

and the functions of which involve responsibility for,
or in connection with, the conduct of an election in
any constituency shall not be qualified to vote in that
election in that constituency.

(7) Parliament may provide that a person who is
convicted by any court of any offence that is
prescribed by Parliament and that is connected with the
election of members of the National Assembly or who is
reported guilty of such an offence by the court trying
an election petition shall not be qualified to vote in
any election to the National Assembly for such period
(not exceeding five years) following his conviction or,
as the case may be, following the report of the court
as may be so prescribed.

58. Qualifications for membership of Parliament

(1) Subject to the provisions of section 59 of this
Constitution, a person shall be qualified to be
nominated as a Senator by the King acting in accordance
with the advice of the Council of State or designated
by a Principal Chief as a Senator in his place if, and
shall not be so qualified unless, at the date of his
nomination or designation, he—

(a) is a citizen of Lesotho; and

(b) is able to speak and, unless incapacitated by
blindness or other physical cause, to read and write
either the Sesotho or English languages well enough to
take an active part in the proceedings of the Senate.

(2) Subject to the provisions of section 59 of this
Constitution, a person shall be qualified to be elected
as a member of the National Assembly if, and shall not
be so qualified unless, at the date of his nomination
for election, he—

(a) is a citizen of Lesotho; and

(b) is registered in some constituency as an elector in
elections to the National Assembly and is not
disqualified from voting in such elections; and

(c) is able to speak and, unless incapacitated by
blindness or other physical cause, to read and write
either the Sesotho or English language well enough to
take an active part in the proceedings of the National
Assembly.

59. Disqualifications for membership of Parliament

(1) No person shall be qualified to be nominated as a
Senator by the King acting in accordance with the
advice of the Council of State or designated by a
Principal Chief as a Senator in his place and no person
shall be qualified to be elected as a member of the
National Assembly if, at the date of his nomination or
designation or, as the case may be, at the date of his
nomination for election, he—

(a) is, by virtue of his own act, under any
acknowledgement of allegiance, obedience or adherence
to any foreign power or state; or

(b) is under sentence of death imposed on him by any
court in Lesotho; or

(c) is under any law in force in Lesotho, adjudged or
otherwise declared to be of unsound mind; or

(d) is an unrehabilitated insolvent, having been
adjudged or otherwise declared insolvent under any law
in force in Lesotho; or

(e) subject to such exceptions and limitations as may
be prescribed by Parliament, has any such interest in
any such government contract as may be so prescribed.

(2) Parliament may provide that a person who, at the
date of his nomination for election, holds or is acting
in any office that is specified by Parliament and the
functions of which involve responsibility for, or in
connection with, the conduct of any election to the
National Assembly or the compilation of any register of
electors for the purposes of such an election shall not
be qualified to be elected as a member of the National
Assembly.

(3) Parliament may provide that a person who is
convicted by any court of any offence that is
prescribed by Parliament and that is connected with the
election of members of the National Assembly or who is
reported guilty of such an offence by the court trying
an election petition shall not be qualified to be
nominated for election as a member of the National
Assembly for such period (not exceeding five years)
following his conviction or, as the case may be,
following the report of the court as may be so
prescribed.

(4) Parliament may provide that, subject to such
exceptions and limitations as may be prescribed by
Parliament, a person shall not be qualified to be
nominated as a Senator or elected as a member of the
National Assembly if—

(a) he holds or acts in any office or appointment that
is so prescribed; or

(b) he is a member of the Defence Force; or

(c) he is a member of the Police Force; or

(d) he is a member of the National Security Service: or

(e) he is a member of the Prison Service.

(5) No person shall be qualified to be elected as a
member of the National Assembly who, at the date of his
nomination for election as such a member, is a
Principal Chief or is otherwise a Senator.

(6) In subsection (1)(e) “government contract” means
any contract made with the Government of Lesotho or
with a department of that Government or with an officer
of that Government contracting as such.

60. Tenure of seats of members of Parliament

(1) A Senator (other than a Principal Chief) or a
member of the National Assembly shall vacate his seat
as such—

(a) if he ceases to be a citizen of Lesotho; or

(b) if any circumstances arise that, if he were not
such a Senator or a member of the National Assembly,
would cause him to be disqualified under section 59(1)
of this Constitution to be nominated or designated as
such or, as the case may be, to be elected as such; or

(c) at the next dissolution of Parliament after his
nomination, designation or election; or

(d) in the case of a member of the National Assembly,
if he ceases to be registered in some constituency as
an elector in elections to the National Assembly or if
he ceases to be qualified to vote in some constituency
in such elections; or

(e) in the case of a member of the National Assembly,
if any circumstances arise that, if he were not a

member of the National Assembly, would cause him to be
disqualified to be elected as such under section 59(5)
of this Constitution or under any law made in pursuance
of section 59(2), 59(3) or 59(4) of this Constitution;
or

(f) in the case of a Senator nominated under section 55
of this Constitution, if any circumstances arise that,
if he were not such a Senator, would cause him to be
disqualified to be so nominated under any law made in
pursuance of section 59(4) of this Constitution.

(2) Parliament may, in order to permit any member of
either House of Parliament who has been sentenced to
death, adjudged or declared to be of unsound mind,
adjudged or declared insolvent or convicted or reported
guilty of any offence prescribed under section 57(4),
57(7) or 59(3) of this Constitution to appeal against
the decision in accordance with any law, provide that,
subject to such conditions as may be prescribed by
Parliament, the decision shall not have effect for the
purpose of this section until such time as may be so
prescribed.

61. President of Senate

(1) There shall be a President of the Senate who shall
be elected by the Senate either from among the persons
who are Senators or from among other persons.

(2) A person shall not be qualified to be elected as
President—

(a) if he is a Minister or an Assistant Minister; or

(b) in the case of a person who is not a Senator, if he
would not be qualified to be nominated or designated as
a Senator under section 59(1) of this Constitution or

under a law made in pursuance of sectiothos(4) of this
Constitution.

(3) The President shall vacate his office—

(a) if, having been elected from among the Senators, he
ceases to be a Senator otherwise than by reason of
dissolution of Parliament; or

(b) in the case of a President who was elected from
among persons who were not Senators, if any
circumstances arise that would cause him to be
disqualified to be nominated or designated as a Senator
under section 59(1) of this Constitution or under a law
made in pursuance of section 59(4) of this
Constitution; or

(c) if he becomes a Minister or an Assistant Minister;
or

(d) when the Senate first meets after a dissolution of
Parliament; or

(e) if he is removed from office by resolution of the
Senate supported by the votes of two-thirds of all the
Senators.

(4) No business shall be transacted in the Senate
(other than the election of a President) at any time
when the office of President is vacant.

62. Vice-President of Senate

(1) There shall be a Vice-President of the Senate who
shall be elected by the Senate either from among the
persons who are Senators or from among other persons.

(2) A person shall not be qualified to be elected as
Vice-Prsesident—

(a) if he is a Minister or an Assistant Minister; or

(b) in the case of a person who is not a Senator, if he
would not be qualified to be nominated or designated as
a Senator under section 59(1) of this Constitution or
under a law made in pursuance of section 59(4) of this
Constitution.

(3) The Senate shall elect a Vice-President—

(a) subject to the provisions of section 61(4) of this
Constitution, when it first meets after a dissolution
of Parliament; and

(b) when it first meets after the office of Vice-
President has otherwise become vacant,

or as soon thereafter as may be convenient.

(4) The Vice-President shall vacate his office—

(a) if, having been elected from among the Senators, he
ceases to be a Senator otherwise than by reason of a
dissolution of Parliament; or

(b) in the case of a Vice-President who was elected
from among persons who were not Senators, if any
circumstances arise that would cause him to be
disqualified to be nominated or designated as a Senator
under section 59(1) of this Constitution or under a law
made in pursuance of section 59(4) of this
Constitution; or

(c) if he becomes a Minister or an Assistant Minister;
or

(d) when the Senate first meets after a dissolution of
Parliament; or

(e) if he is removed from office by resolution of the
Senate.

63. Speaker of National Assembly

(1) There shall be a Speaker of the National Assembly
who shall be elected by the Assembly either from among
the persons who are members thereof or from among other
persons.

(2) A person shall not be qualified to be elected as a
Speaker—

(a) if he is a Minister or an Assistant Minister; or

(b) in the case of a person who is not a member of the
National Assembly, if he would not be qualified to be
elected as such a member under section 59(1) of this
Constitution or under a law made in pursuance of
section 59(3) or 59(4) of this Constitution.

(3) The Speaker shall vacate his office—

(a) if, having been elected from among the members of
the National Assembly, he ceases to be a member of the
Assembly otherwise than by reason of a dissolution of
Parliament; or

(b) in the case of a Speaker who was elected from among
persons who were not members of the National Assembly,
if any circumstances arise that would cause him to be
disqualified to be elected as such a member under
section 59(1) of this Constitution or under a law made
in pursuance of section 59(3) or 59(4) of this
Constitution; or

(c) if he becomes a Minister or an Assistant Minister;
or

(d) when the National Assembly first meets after a
dissolution of Parliament; or

(e) if he is removed from office by resolution of the
National Assembly supported by the votes of two-thirds
of all the members thereof.

(4) No business shall be transacted in the National
Assembly (other than the election of a Speaker) at any
time when the office of Speaker is vacant.

64. Deputy Speaker of National Assembly

(1) There shall be a Deputy Speaker of the National
Assembly who shall be elected by the Assembly either
from among the persons who are members thereof or from
among other persons.

(2) A person shall not be qualified to be elected as
Deputy Speaker—

(a) if he is a Minister or an Assistant Minister; or

(b) in the case of a person who is not a member of the
National Assembly, if he would not be qualified to be
elected as such a member under section 59(1) of this
Constitution or under a law made in pursuance of
section 59(3) or 59(4) of this Constitution.

(3) The National Assembly shall elect a Deputy Speaker—

(a) subject to the provisions of section 63(4) of this
Constitution, when it first meets after a dissolution
of Parliament; and

(b) when it first meets after the office of Deputy
Speaker has otherwise become vacant,

or as soon thereafter as may be convenient.

(4) The Deputy Speaker shall vacate his office—

(a) if, having been elected from among the members of
the National Assembly, he ceases to be a member of the
National Assembly otherwise than by reason of a
dissolution of Parliament; or

(b) in the case of a Deputy Speaker who was elected
from among persons who were not members of the National
Assembly, if any circumstances arise that would cause
him to be disqualified to be elected as such a member
under section 59(1) of this Constitution or under a law
made in pursuance of section 59(3) or 59(4) of this
Constitution; or

(c) if he becomes a Minister or an Assistant Minister;
or

(d) when the National Assembly first meets after a
dissolution of Parliament; or

(e) if he is removed from office by resolution of the
National Assembly.

65. Clerks to Houses of Parliament and their staffs

(1) There shall be a Clerk to the Senate and a Clerk to
the National Assembly.

(2) The offices of the Clerks to the two Houses and of
the members of their staffs shall be offices in the
public service.

(3) Nothing in this section shall be construed as
preventing the appointment of one person to the offices
of Clerk to the Senate and Clerk to the National
Assembly or the appointment of one person to any office
on the staff of the Clerk to the Senate and any office
on the staff of the Clerk to the National Assembly.

66. Constituency Delimitation Commission

(1) There shall be a Constituency Delimitation
Commission which shall consist of—

(a) a Chairman, who shall be a person appointed by the
King, acting in accordance with the advice of the
Judicial Service Commission, from among the judges of
the High Court or of the Court of Appeal; and

(b) two other members, each of whom shall be appointed
by the King, acting in accordance with the advice of
the Judicial Service Commission, from among persons who
hold or have held, or who are qualified to hold, high
judicial office.

(2) A person shall not be qualified to be appointed as
a member of the Commission—

(a) if he is or has at any time been nominated as a
candidate for election as a member of the National
Assembly constituted under this Constitution; or

(b) if he is a public officer (other than a judge of
the High Court or of the Court of Appeal).

(3) Subject to the provisions of this section, the
office of a member of the Commission shall become
vacant—

(a) at the expiration of five years from the date of
his appointment; or

(b) if any circumstances arise that, if he were not a
member of the Commission, would cause him to be
disqualified to be appointed as such under subsection
(2).

(4) A member of the Commission may be removed from
office only for inability to exercise the functions of
his office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour and shall
not be so removed except in accordance with the
provisions of this section.

(5) A member of the Commission shall be removed from
office by the King if the question of his removal from
office has been referred to a tribunal appointed under
subsection (6) and the tribunal has recommended to the
King that he ought to be removed from office for
inability as aforesaid or for misbehaviour.

(6) If the Chairman of the Commission represents to the
King that the question of removing a member of the
Commission under this section ought to be investigated,
then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected by the Chief Justice from among
persons who hold or have held high judicial office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and recommend
to him whether the member ought to be removed under
this section.

(7) If the question of removing a member of the
Commission has been referred to a tribunal under this
section, the King, acting in accordance with the advice
of the Chairman of the Commission, may suspend that

member from the exercise of the functions of his office
and any such suspension may at any time be revoked by
the King, acting in accordance with such advice as
aforesaid, and shall in any case cease to have effect
if the tribunal recommends to the King that that member
should not be removed.

(8) The Chairman of the Commission and any other member
of the Commission who is a judge of the High Court or
of the Court of Appeal shall be removed by the King
from his office as a member of the Commission if, and
shall not be so removed unless, he is removed under
section 121 or, as the case may be, section 125 of this
Constitution from his office as a judge; and,
accordingly, the provisions of subsections (5) and (6)
shall not apply in relation to the Chairman or such a
member.

(9) In the exercise of its functions under this
Constitution the Commission shall not be subject to the
direction or control of any other person or authority.

(10) The Commission may by regulation or otherwise
regulate its own procedure and, with the consent of the
Prime Minister, may confer powers or impose duties on
any public officer or on any authority of the
Government of Lesotho for the purpose of the discharge
of its functions.

(11) The Commission may, subject to its rules of
procedure, act notwithstanding any vacancy in its
membership or the absence of any member and its
proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present
at or to participate in those proceedings:

Provided that any decision of the Commission shall
require the concurrence of a majority of all the
members thereof.

67. Constituencies

(1) For the purpose of elections to the National
Assembly, Lesotho shall, in accordance with the
provisions of this section, be divided into eighty
constituencies having such boundaries as may be
prescribed by order made by the Constituency
Delimitation Commission.

(2) All constituencies shall contain as nearly equal
numbers of inhabitants of or above the age of twenty-
one years as appears to the Commission to be reasonably
practicable, but the Commission may depart from this
principle to such extent as it considers expedient in
order to take account of—

(a) the density of population, and in particular the
need to ensure adequate representation of sparsely
populated rural areas;

(b) the means of communication;

(c) geographical features;

(d) community of interest; and

(e) the boundaries of existing administrative areas:

Provided that the number of inhabitants, of or above
the age of twenty-one years, of any constituency shall
not exceed or fall short of the population quota by
more than ten per cent.

(3) The Commission shall review the boundaries of the
constituencies into which Lesotho is divided in the
case of any review after the review of boundaries
referred to in Section 159(3), not less than eight nor
more than ten years from the date of completing its

last review, and may, by order, alter the boundaries in
accordance with the provisions of this section to such
extent as it considers desirable in the light of the
review:

Provided that whenever a census of the population has
been held in pursuance of any law the Commission may
carry out such a review and make such an alteration to
the extent which it considers desirable in consequence
of that census.

(4) Every order made by the Commission under this
section shall be published in the Gazette and shall
come into effect upon the next dissolution of
Parliament after it was made.

(5) For the purposes of this section the number of
inhabitants of any part of Lesotho of or above the age
of twenty-one years shall be ascertained by reference
to the latest census of the population held in
pursuance of any law:

Provided that if the Commission considers, by reason of
the passage of time since the holding of the latest
census or otherwise, that it is desirable so to do it
may instead or in addition have regard to any other
available information which, in the opinion of the
Commission, best indicates the number of those
inhabitants.

(6) In this section “the population quota” means the
number obtained by dividing by eighty the number of the
inhabitants of Lesotho of or above the age of twenty-
one years.

68. Chief Electoral Officer

(1) There shall be a Chief Electoral Officer whose
office shall be an office in the public service.

(2) The functions of the Chief Electoral Officer shall
be—

(a) to register as electors the citizens of Lesotho who
qualify to be registered as such;

(b) to compile a general register of electors and
constituency registers of electors for the several
constituencies and to maintain such register or
registers up to date;

(c) to conduct elections of members of the National
Assembly; and

(d) to perform such other functions as may be conferred
on him by or under any other law.

(3) Parliament shall make provision for the manner in
which the Chief Electoral Officer shall exercise his
functions and for the exercise of his authority over
officers subordinate to him and may provide that the
Chief Electoral Officer may exercise his functions
personally or through officers subordinate to him.

(4) In the exercise of his functions under this
section, the Chief Electoral Officer shall not be
subject to the direction or control of any other person
or authority.

69. Decision of questions as to membership of
Parliament

(1) The High Court shall have jurisdiction to hear and
determine any question whether—

(a) any person is validly nominated or designated as a
Senator under section 55 of this Constitution;

(b) any person has been validly elected as a member of
the National Assembly; or

(c) the seat in Senate or the National Assembly of any
member thereof has become vacant.

(2) An application to the High Court for the
determination of any question under subsection (1)(a)
may be made by any Senator or by any person who is
registered as an elector in elections to the National
Assembly or by the Attorney-General and, if it is made
by a person other than the Attorney-General, the
Attorney-General may intervene and may then appear or
be represented in the proceedings.

(3) An application to the High Court for the
determination of any question under subsection (1)(b)
may be made by any person qualified to vote in the
election to which the application relates or by the
Attorney-General and, if it is made by a person other
than the Attorney-General, the Attorney-General may
intervene and may then appear or be represented in the
proceedings.

(4) An application to the High Court for the
determination of any question under subsection (1)(c)
may be made by any member of the National Assembly or
by any person registered as an elector in elections to
the National Assembly or by the Attorney-General and,
if it is made by a person other than the Attorney-
General, the Attorney-General may intervene and may
then appear or be represented in the proceedings.

(5) Parliament may make provision with respect to—

(a) the circumstances and manner in which and the
conditions upon which any application may be made to
the High Court for the determination of any question
under this section; and

(b) the powers, practice and procedure of the High
Court in relation to any such application,

but, subject to any provision in that behalf made by
Parliament under this subsection, the practice and
procedure of the High Court in relation to any such
application shall be regulated by rules made by the
Chief Justice.

(6) The determination by the High Court of any question
under this section shall not be subject to appeal.

Part 2
Legislation and Procedure in Parliament

70. Power to make laws

(1) Subject to the provisions of this Constitution, the
legislative power of Lesotho is vested in Parliament.

(2) Nothing in subsection (1) shall be construed as
preventing Parliament from conferring on any other
person or authority the power to make any rules,
regulations, by-laws, orders or other instruments
having legislative effect as Parliament may determine.

71. Oath to be taken by members of Parliament

(1) Every member of either House of Parliament shall,
before taking his seat in that House, take and
subscribe the oath of allegiance before the House, but
a member may before taking and subscribing that oath
take part in the election of the President or of the
Speaker.

(2) Any person elected as President or Vice-President
or elected as Speaker or Deputy Speaker shall, if he
has not already taken and subscribed the oath of

allegiance under subsection (1), take and subscribe
that oath before the appropriate House before entering
upon the duties of his office.

72. Presiding in Senate

There shall preside at any sitting of the Senate—

(a) the President of the Senate; or

(b) in the absence of the President, the Vice-
President; or

(c) in the absence of the President and the Vice-
President, such Senator as the Senate may elect for
that purpose.

73. Presiding in National Assembly

There shall preside at any sitting of the National
Assembly—

(a) the Speaker of the National Assembly; or

(b) in the absence of the Speaker, the Deputy Speaker;
or

(c) in the absence of the Speaker and the Deputy
Speaker, such member of the Assembly as the Assembly
may elect for that purpose.

74. Quorum in the Houses of Parliament

(1) If objection is taken by any Senator who is present
that there are present in the Senate (besides the
person presiding) fewer than eight Senators and, after
such interval as may be prescribed in the rules of
procedure of the Senate, the person presiding
ascertains that there are still fewer than eight

Senators present, he shall thereupon adjourn the
Senate.

(2) If objection is taken by any member of the National
Assembly who is present that there are present in the
Assembly (besides the person presiding) fewer than
twenty members of the Assembly and, after such interval
as may be prescribed in the rules of procedure of the
Assembly, the person presiding ascertains that there
are still fewer than twenty members of the Assembly
present, he shall thereupon adjourn the Assembly.

75. Voting in Parliament

(1) Save as otherwise provided in this Constitution,
any question proposed for decision in either House of
Parliament shall be determined by a majority of the
votes of the members present and voting.

(2) The person presiding in either House of Parliament
shall, if he is a member thereof, have an original vote
but he shall have no casting vote, and whenever there
is an equality of votes on any question, the motion
before the House shall be deemed to have been
negatived.

(3) The rules of procedure of either House of
Parliament may make provision under which a member who
votes upon a question in which he has a direct
pecuniary interest shall be deemed not to have voted.

76. Right of Ministers, Assistant Ministers and the
Attorney-General to address, etc., either House

(1) A Minister or an Assistant Minister who is a member
of the National Assembly shall be entitled to attend
all meetings of the Senate and to take part in all
proceedings thereof but he shall not be regarded as a
member of, or be entitled to vote on any question

before, the Senate; and a Minister or an Assistant
Minister who is a Senator shall be entitled to attend
all meetings of the National Assembly and to take part
in all proceedings thereof but he shall not be regarded
as a member of, or be entitled to vote on any question
before, the National Assembly.

(2) The Attorney-General shall be entitled to attend
the National Assembly or the Senate and to take part in
the proceedings of either House of Parliament but he
shall not be entitled to vote on any question before
the National Assembly or the Senate.

77. Unqualified persons sitting or voting

(1) Any person who sits or votes in either House of
Parliament knowing or having reasonable grounds for
knowing that he is not entitled to do so shall be
guilty of an offence and liable to a fine not exceeding
one hundred maloti, or such other sum as may be
prescribed by Parliament, for each day on which he so
sits and votes in that House.

(2) Any prosecution for an offence under this section
shall be instituted in the High Court and shall not be
so instituted except by the Director of Public
Prosecutions.

78. Mode of exercise of legislative power

(1) The power of Parliament to make laws shall be
exercisable by bills passed by both Houses of
Parliament (or, in the cases mentioned in section 80 of
this Constitution, by the National Assembly) and
assented to by the King.

(2) A bill may originate only in the National Assembly.

(3) When a bill has been passed by the National
Assembly it shall be sent to the Senate and—

(a) when it has been passed by the Senate and agreement
has been reached between the two Houses on any
amendments made to it by the Senate; or

(b) when it is required to be presented under section
80 of this Constitution,

it shall be presented to the King for assent.

(4) When a bill has been presented to the King for
assent in pursuance of subsection (3), he shall signify
that he assents or that he withholds assent.

(5) When a bill that has been duly passed is assented
to in accordance with the provisions of this
Constitution it shall become law and the King shall
thereupon cause it to be published in the Gazette as a
law.

(6) No law made by Parliament shall come into operation
until it has been published in the Gazette but
Parliament may postpone the coming into operation of
any such law and may make laws with retrospective
effect.

(7) All laws made by Parliament shall be styled “Acts
of Parliament” and the words of enactment shall be
“Enacted by the Parliament of Lesotho”.

79. Restrictions with regard to certain financial
measures

Except with the consent of the Cabinet signified by a
Minister, neither House of Parliament shall—

(a) proceed upon any bill (including any amendment to a
bill) that, in the opinion of the person presiding,
makes provision for any of the following purposes—

(i) for the imposition of taxation or the alteration of
taxation otherwise than by reduction;

(ii) for the imposition of any charge upon the
Consolidated Fund or any other public fund of Lesotho
or the alteration of any such charge otherwise than by
reduction;

(iii) for the payment, issue or withdrawal from the
Consolidated Fund or any other public fund of Lesotho
of any moneys not charged thereon or any increase in
the amount of such a payment, issue or withdrawal; or

(iv) for the composition or remission of any debt due
to the Government of Lesotho; or

(b) proceed upon any motion (including any amendment to
a motion) the effect of which, in the opinion of the
person presiding, would be to make provision for any of
those purposes.

80. Limitation of powers of Senate

(1) When a bill that is passed by the National Assembly
and that is certified by the Speaker of the National
Assembly under subsection (2) as an Appropriation bill
is sent to the Senate it shall forthwith be introduced
in the Senate and shall be passed by the Senate without
delay; and if it is not passed by the Senate by the end
of the day after the day on which it was sent to the
Senate or if it is passed by the Senate with amendments
to which the National Assembly does not by then agree,
the bill, with such amendments, if any, as may have
been agreed to by both Houses, shall, unless the

National Assembly otherwise resolves, be presented to
the King for assent.

(2) When a bill that in the opinion of the Speaker of
the National Assembly is an Appropriation bill is sent
to the Senate from the National Assembly it shall bear
a certificate of the Speaker of the National Assembly
that it is an Appropriation bill.

(3) When a bill, other than a bill that is certified by
the Speaker as an Appropriation bill, is passed by the
National Assembly and, having been sent to the Senate
at least thirty days before the end of the session, is
not passed by the Senate within thirty days after it is
so sent or is passed by the Senate with amendments to
which the National Assembly does not agree within
thirty days after the bill was sent to the Senate, the
bill, with such amendments, if any, as may have been
agreed to by both Houses, shall, unless the National
Assembly otherwise resolves, be presented to the King
for assent.

(4) When a bill is presented to the King in pursuance
of this section for assent it shall bear a certificate
by the Speaker of the National Assembly that this
section has been complied with.

(5) A certificate given by the Speaker of the National
Assembly under this section shall be conclusive for all
purposes and shall not be questioned in any court.

(6) Any function that, under this section, falls to be
exercised by the Speaker of the National Assembly may,
if he is absent or is for any other reason unable to
exercise the functions of his office, be exercised by
the Deputy Speaker.

81. Regulation of procedure in Parliament etc.

(1) Subject to the provisions of this Constitution,
each House of Parliament may regulate its own procedure
and may in particular make rules for the orderly
conduct of its own proceedings.

(2) Each House of Parliament may act notwithstanding
any vacancy in its membership (including any vacancy
not filled when the House first meets after any general
election) and the presence or participation of any
person not entitled to be present at or to participate
in the proceedings of the House shall not invalidate
those proceedings.

(3) Parliament may, for the purpose of the orderly and
effective discharge of the business of the two Houses,
make provision for the powers, privileges and
immunities of those Houses and the Committees and the
members thereof (including any person who is President
or Vice-President or Speaker or Deputy Speaker of
either House, having been elected from among persons
who were not members thereof).

Part 3
Summoning, Prorogation and Dissolution

82. Sessions of Parliament, etc.

(1) Each session of Parliament shall be held at such
place within Lesotho and shall begin at such time as
the King shall appoint:

Provided that—

(a) the time appointed for the meeting of Parliament
after Parliament has been prorogued shall be not later
than twelve months from the end of the preceding
session; and

(b) after Parliament has been dissolved, the time
appointed for the meeting of the National Assembly
shall not be later than fourteen days after the holding
of a general election of members of the National
Assembly and the time appointed for the meeting of the
Senate shall be such time as may be convenient after
the nomination of one or more Senators in accordance
with section 55 of this Constitution.

(2) Subject to the provisions of subsection (1), the
sittings of each House of Parliament shall be held at
such time and place as that House may, by its rules of
procedure or otherwise, determine.

83. Prorogation and dissolution of Parliament

(1) The King may at any time prorogue or dissolve
Parliament.

(2) Subject to the provisions of subsection (3),
Parliament, unless sooner dissolved, shall continue for
five years from the date when the two Houses of
Parliament first meet after any dissolution and shall
then stand dissolved.

(3) At any time when Lesotho is at war Parliament may
from time to time extend the period of five years
specified in subsection (2) for not more than twelve
months at a time:

Provided that the life of Parliament shall not be
extended under this subsection for more than five
years.

(4) In the exercise of his powers to dissolve or
prorogue Parliament, the King shall act in accordance
with the advice of the Prime Minister:

Provided that—

(a) if the Prime Minister recommends a dissolution and
the King considers that the Government of Lesotho can
be carried on without a dissolution and that a
dissolution would not be in the interests of Lesotho,
he may, acting in accordance with the advice of the
Council of State, refuse to dissolve Parliament;

(b) if the National Assembly passes a resolution of no
confidence in the Government of Lesotho and the Prime
Minister does not within three days thereafter either
resign or advise a dissolution the King may, acting in
accordance with the advice of the Council of State,
dissolve Parliament; and

(c) if the office of Prime Minister is vacant and the
King considers that there is no prospect of his being
able within a reasonable time 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, he
may, acting in accordance with the advice of the
Council of State, dissolve Parliament.

(5) A resolution of no confidence in the Government of
Lesotho shall not be effective for the purposes of
subsection (4)(b) unless it proposes the name of a
member of the National Assembly for the King to appoint
in the place of the Prime Minister.

84. General elections

(1) Subject to the provisions of subsection (2), a
general election of members of the National Assembly
shall be held at such time within three months after
any dissolution of Parliament as the King may appoint.

(2) If, after a dissolution of Parliament and before
the holding of a general election of members of the

National Assembly, the King is advised by the Council
of State that, owing to a state of war or of a state of
emergency in Lesotho, it is necessary to recall
Parliament, the King shall recall the Parliament that
has been dissolved and that Parliament shall be deemed
to be the Parliament for the time being (and the
members of the dissolved Parliament shall be deemed to
be the members of the recalled Parliament), but the
general election of members of the National Assembly
shall proceed and the recalled Parliament shall, if not
sooner dissolved, stand dissolved on the day
immediately preceding the day fixed for such general
election or, if more than one such day, the first of
such days.

CHAPTER VII
ALTERATION OF CONSTITUTION

85. Alteration of Constitution

(1) Subject to the provisions of this section,
Parliament may alter this Constitution.

(2) A bill for an Act of Parliament under this section
shall not be passed by Parliament unless it is
supported at the final voting in the National Assembly
by the votes of the majority of all the members of the
Assembly and, having been sent to the Senate, has
become a bill that, apart from this section, may be
presented to the King for his assent under subsection
80(1) or (3) as the case may be, of this Constitution.

(3) A bill to alter any of the following provisions of
this Constitution, that is to say—

(a) this section, sections 1(1) and 2, Chapter II
except sections 18(4) and 24(3), sections 44 to 48
inclusive, 50(1) to (3), 52, 86, 91 (1) to (4), 92, 95,
103, 104, 107, 108, 118(1) and (2), 119(1) to (3),

120(1), (2), (4), and (5), 121, 123(1), (3), (4), 125,
128, 129, 132, 133 and sections 154 and 155 in their
application to any of the provisions mentioned in this
paragraph; and

(b) sections 37, 38, 54 to 60 inclusive; sections 66,
67, 68, 69(1) and (6), 70, 74, 75(1), 78(1), (2), (3)
and (4), 80(1), (2), and (3), 82(1), 83 and 84;
sections 134 to 142 inclusive, 150 and 151 and sections
154 and 155 in their application to any of the
provisions mentioned in this paragraph,

shall not be submitted to the King for his assent
unless the bill, not less than two nor more than six
months after its passage by Parliament, has, in such
manner as may be prescribed by or under an Act of
Parliament, been submitted to the vote of the electors
qualified to vote in the election of the members of the
National Assembly, and the majority of the electors
voting have approved the bill:

Provided that if the bill does not alter any of the
provisions mentioned in paragraph (a) and is supported
at the final voting in each House of Parliament by the
votes of no less than two-thirds of all the members of
that House it shall not be necessary to submit the bill
to the vote of the electors.

(4) Nothing in section 80 of this Constitution affects
the operation of subsection (3).

(5) In this section—

(a) references to this Constitution or to any
particular provision thereof include references to any
other law in so far as that law alters the Constitution
or, as the case may be, that provision; and

(b) references to altering this Constitution or any
particular provision thereof include references to
repealing it, with or without re-enactment thereof or
the making of different provision in lieu thereof, to
modifying it and to suspending its operation for any
period.

CHAPTER VIII
THE EXECUTIVE

86. Executive authority of Lesotho

The executive authority of Lesotho is vested in the
King and, subject to the provisions of this
Constitution, shall be exercised by him through
officers or authorities of the Government of Lesotho.

87. Ministers of Government of Lesotho

(1) There shall be a Prime Minister who shall be
appointed by the King acting in accordance with the
advice of the Council of State.

(2) The King shall appoint as Prime Minister the member
of the National Assembly who appears to the Council of
State to be the leader of the political party or
coalition of political parties that will command the
support of a majority of the members of the National
Assembly:

Provided that if occasion arises for making an
appointment to the office of Prime Minister while
Parliament stands dissolved, a person who was a member
of the National Assembly immediately before the
dissolution may be appointed to the office of Prime
Minister.

(3) There shall be, in addition to the office of Prime
Minister, such other offices of Minister of the

Government of Lesotho (not being less than seven in
number and one of which shall be the office of Deputy
Prime Minister) as may be established by Parliament or,
subject to any provision made by Parliament, by the
King, acting in accordance with the advice of the Prime
Minister.

(4) The King shall, acting in accordance with the
advice of the Prime Minister, appoint the other
Ministers from among the members of the National
Assembly or from among the Senators who are nominated
as Senators by the King under section 55 of this
Constitution:

Provided that if occasion arises for making an
appointment to the office of Minister other than Prime
Minister while Parliament stands dissolved a person who
immediately before the dissolution was a member of the
National Assembly or such a Senator may be appointed to
the office of Minister.

(5) The King may, acting in accordance with the advice
of the Council of State, remove the Prime Minister from
office—

(a) if a resolution of no confidence in the Government
of Lesotho is passed by the National Assembly and the
Prime Minister does not within three days thereafter,
either resign from his office or advise a dissolution
of Parliament; or

(b) if at any time between the holding of a general
election to the National Assembly and the date on which
the Assembly first meets thereafter, the King considers
that, in consequence of changes in the membership of
the Assembly resulting from that election, the Prime
Minister will no longer be the leader of the political
party or coalition of political parties that will

command the support of a majority of the members of the
Assembly.

(6) The office of the Prime Minister shall become
vacant—

(a) if he ceases to be a member of the National
Assembly otherwise than by reason of a dissolution of
Parliament; or

(b) if, when the National Assembly first meets after a
dissolution of Parliament, he is not then a member
thereof.

(7) The office of a Minister other than the Prime
Minister shall become vacant—

(a) if he ceases to be a member of either House of
Parliament otherwise than by reason of a dissolution of
Parliament; or

(b) if he becomes a Senator other than a Senator
nominated under section 55 of this Constitution; or

(c) if, when the two Houses of Parliament first meet
after a dissolution he is not then either a member of
the National Assembly or a Senator nominated under
section 55 of this Constitution; or

(d) if the King, acting in accordance with the advice
of the Prime Minister, so directs; or

(e) if the Prime Minister resigns from office within
three days after the passage by the National Assembly
of a resolution of no confidence in the Government of
Lesotho or is removed from office under subsection (5);
or

(f) on the appointment of any person to the office of
Prime Minister.

(8) A resolution of no confidence in the Government of
Lesotho shall not be effective for the purposes of
subsections (5)(a) and (7)(e) unless it proposes the
name of a member of the National Assembly for the King
to appoint in the place of the Prime Minister.

88. Cabinet

(1) There shall be a Cabinet of Ministers, consisting
of the Prime Minister and the other Ministers.

(2) The functions of the Cabinet shall be to advise the
King in the government of Lesotho, and the Cabinet
shall be collectively responsible to the two Houses of
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 authority of any Minister in the
execution of his office.

(3) The provisions of subsection (2) shall not apply in
relation to—

(a) the appointment and removal from office of
Ministers and Assistant Ministers, the assignment of
responsibility to any Minister under section 89 of this
Constitution or, save in circumstances set out in the
proviso to section 90(3), the authorisation of another
Minister under section 90 of this Constitution to
exercise the functions of the Prime Minister during the
latter’s absence or illness; or

(b) the dissolution or prorogation of Parliament.

89. Allocation of portfolios to Ministers

The King, acting in accordance with the advice of the
Prime Minister, may, by directions in writing, assign
to the Prime Minister or any other Minister
responsibility for any business of the Government of
Lesotho, including the administration of any department
of Government:

Provided that authority to exercise any power or
discharge any duty that is conferred or imposed by this
Constitution or any other law on the King or on any
other person or authority, not being the Minister
concerned, shall not be conferred or imposed upon any
Minister under this section.

90. Exercise of Prime Minister’s functions during
absence or illness

(1) Whenever the Prime Minister is absent from Lesotho
or is by reason of illness unable to exercise the
functions conferred on him by this Constitution, those
functions (other than the functions conferred by this
section) shall be exercised by—

(a) the Deputy Prime Minister; or

(b) if the office of Deputy Prime Minister is vacant or
the Deputy Prime Minister is absent from Lesotho or is
by reason of illness unable to exercise the functions
of the office of Prime Minister, by such other Minister
as the King may authorise in that behalf.

(2) A Minister who is authorised by the King in
pursuance of subsection (1)(b) to exercise the
functions conferred on the Prime Minister by this
Constitution may exercise those functions until his
authority is revoked by the King.

(3) The powers of the King under this section shall be
exercised by him in accordance with the advice of the
Prime Minister:

Provided that if the King considers that it is
impracticable to obtain the advice of the Prime
Minister owing to his absence or illness, he shall act
in accordance with the advice of the Cabinet.

91. Exercise of the King’s functions

(1) Subject to the provisions of section 137(4) of this
Constitution, the King shall, in the exercise of his
functions under this Constitution or any other law, act
in accordance with the advice of the Cabinet or a
Minister acting under the general authority of the
Cabinet except in cases where he is required by this
Constitution or any other law to act in accordance with
the advice of any person or authority other than the
Cabinet.

(2) Where the King is required by this Constitution to
do any act in accordance with the advice of the Council
of State and the Council of State is satisfied that the
King has not done that act, the Council of State may
inform the King that it is the intention of the Council
of State to do that act after the expiration of a
period to be specified by the Council of State, and if
at the expiration of that period the King has not done
that act, the Council of State may do that act
themselves and shall, at the earliest opportunity
thereafter, report the matter to Parliament; and any
act so done by the Council of State shall be deemed to
have been done by the King and to be his act.

(3) Where the King is required by this Constitution to
do any act in accordance with the advice of any person
or authority other than the Council of State, and the
Prime Minister is satisfied that the King has not done

that act, the Prime Minister may inform the King that
it is the intention of the Prime Minister to do that
act himself after the expiration of a period to be
specified by the Prime Minister, and if at the
expiration of that period the King has not done that
act the Prime Minister may do that act himself and
shall, at the earliest opportunity thereafter, report
the matter to Parliament; and any act so done by the
Prime Minister shall be deemed to have been done by the
King and to be his act.

(4) No act of the King shall be valid to the extent
that it is inconsistent with an act deemed to be his
act by virtue of subsection (2) or (3).

(5) Without prejudice to the generality of section
155(8) of this Constitution, where the King is required
by this Constitution to act in accordance with the
advice of any person or authority, the question whether
he has received or acted in accordance with such advice
shall not be enquired into in any court.

(6) In this section, references to a requirement in
this Constitution to act in accordance with the advice
of some person or authority include references to the
advice of, and a recommendation by, a tribunal and to
the appointment to a tribunal of persons selected by
any person or authority and any such reference shall be
construed as a requirement to act in accordance with
such advice, recommendation or selection.

92. The King’s right to be consulted and informed
concerning matters of government

The King shall have the right to be consulted by the
Prime Minister and the other Ministers on all matters
relating to the government of Lesotho and the Prime
Minister shall keep him fully informed concerning the
general conduct of the government of Lesotho and shall

furnish him with such information as he may request in
respect of any particular matter relating to the
government of Lesotho.

93. Assistant Ministers

(1) The King, acting in accordance with the advice of
the Prime Minister, may appoint Assistant Ministers, to
assist Ministers in the performance of their duties,
from among the members of the National Assembly or from
among the Senators who are nominated as Senators by the
King under section 55 of this Constitution:

Provided that, if occasion arises for making an
appointment while Parliament stands dissolved, a person
who immediately before the dissolution was a member of
the National Assembly or was such a Senator as
aforesaid may be appointed as an Assistant Minister.

(2) The provisions of section 87(7) of this
Constitution shall apply in relation to an Assistant
Minister as they apply in relation to a Minister.

94. Oath to be taken by Ministers and Assistant
Ministers

A Minister or an Assistant Minister shall not enter
upon the duties of his office unless he has taken and
subscribed an oath of allegiance and such oath for the
due execution of his office as may be prescribed by
Parliament.

95. The Council of State

(1) There shall be in and for Lesotho a Council (to be
styled the Council of State) to assist the King in the
discharge of his functions and to exercise such other
functions as are conferred by this Constitution.

(2) The Council of State shall consist of—

(a) the Prime Minister;

(b) the Speaker of the National Assembly;

(c) two judges or former judges of the High Court or
Court of Appeal who shall be appointed by the King on
the advice of the Chief Justice;

(d) the Attorney-General;

(e) the Commander of the Defence Force;

(f) the Commissioner of Police;

(g) a Principal Chief who shall be nominated by the
College of Chiefs;

(h) two members of the National Assembly appointed by
the Speaker from among the members of the opposition
party or parties. In making this appointment the
Speaker shall appoint the leader of the opposition and
the leader of the opposition party or coalition of
parties having the next greatest numerical strength. If
there is only one opposition party the Speaker shall
appoint another member of that party;

(i) not more than three persons who shall be appointed
by the King on the advice of the Prime Minister, by
virtue of their special expertise, skill or experience:

Provided that no person shall be appointed under this
paragraph if he is disqualified to be elected as a
member of the National Assembly under section 59 of
this Constitution;

(j) a member of the legal profession in private
practice who shall be nominated by the Law Society

established by the Law Society Act 1983, or by some
other professional body established under any law
replacing the Law Society Act 1983.

(3) A person who is not a citizen of Lesotho shall not
be eligible to sit as a member of the Council of State.

(4) Subject to subsection (5), a member of the Council
of State referred to in subsection (2)(c), (g), (i) or
(j) shall hold office for a period of six years but
shall be eligible for re-appointment as a member of the
Council of State.

(5) A member of the Council of State shall vacate his
office—

(a) in the case of a member referred to in subsection
(2)(a), (b), (d), (e) or (f), if he ceases to hold the
office by virtue of which he became such a member;

(b) in the case of a member referred to in subsection
(2)(c) if the King, acting in accordance with the
advice of the Chief Justice, so directs;

(c) in the case of a member referred to in subsection
(2)(g), if he is removed by the College of Chiefs;

(d) in the case of a member referred to in subsection
(2)(h), if he ceases to be such leader as is mentioned
in subsection (2)(h) or when the National Assembly
first meets after a dissolution of Parliament,
whichever first occurs;

(e) in the case of a member referred to in subsection
(2)(i), if he is removed by the King on the advice of
the Prime Minister:

Provided that the provisions of section 142 (4) to (7)
shall apply to any such member as they apply to a
person holding the office of Auditor-General;

(f) in the case of a member referred to in subsection
(2)(j) if he is removed by the Law Society or such
other professional body as is mentioned in subsection
(2)(j).

(6) The quorum of the Council of State is eight and
subject thereto the Council may act notwithstanding any
vacancy in its membership.

(7) Meetings of the Council of State shall be summoned
by the King and its advice shall be tendered in
writing.

(8) If the King does not call a meeting of the Council
of State for consideration of any matter on which the
advice of the Council is required, the Prime Minister
shall summon a meeting of the Council of State, failing
which any member of the Council, supported by not less
than seven other members, may call a meeting of the
Council of State.

(9) The King may attend any meeting of the Council and,
if he does attend, shall preside; in the absence of the
King the Prime Minister or such other member as may be
prescribed by its rules of procedure shall preside at
meetings of the Council.

(10) The Council of State may request any public
officer or any other person holding or acting in any
office established by or under this Constitution or any
authority so established to assist it in the exercise
of its functions (whether by way of attendance before
the Council or otherwise) and any such officer or
authority shall comply with any such request.

(11) Subject to the provisions of this section, the
Council of State may regulate its own procedure.

96. Principal Secretaries

Where any Minister has been charged with responsibility
for any department of government, he shall exercise
general direction and control over that department and,
subject to such direction and control, every department
of government shall be under the supervision of the
Principal Secretary whose office shall be an office in
the public service:

Provided that two or more government departments may be
placed under the supervision of one Principal
Secretary.

97. Government Secretary

(1) There shall be a Government Secretary whose office
shall be an office in the public service.

(2) The Government Secretary, who shall have charge of
the Cabinet Office, shall be responsible, in accordance
with such instructions as may be given to him by the
Prime Minister, for arranging the business for, and
keeping the minutes of, the Cabinet, for conveying the
decisions of the Cabinet to the appropriate person or
authority and shall have such other functions as the
Prime Minister may from time to time direct or as may
be conferred on him by any other law.

98. Attorney-General

(1) There shall be an Attorney-General whose office
shall be an office in the public service.

(2) It shall be the duty of the Attorney-General—

(a) to provide legal advice to Government;

(b) to exercise ultimate authority over the Director of
Public Prosecutions;

(c) to take necessary legal measures for the protection
and upholding of this Constitution and the other laws
of Lesotho;

(d) to exercise or perform any of the rights,
prerogatives, privileges or functions of the State
before courts or tribunals; and

(e) to perform such other duties and exercise such
other powers as may be conferred on him by this
Constitution or any other law.

(3) The Attorney-General may exercise his functions
personally or through officers subordinate to him in
accordance with his general or special instructions.

(4) In the exercise of the functions vested in him by
subsection (2)(a) and (b) and section 69 of this
Constitution, the Attorney-General shall not be subject
to the direction or control of any other person or
authority.

99. Director of Public Prosecutions

(1) There shall be a Director of Public Prosecutions
whose office shall be an office in the public service.

(2) The Director of Public Prosecutions shall have
power in any case in which he considers it desirable so
to do—

(a) to institute and undertake criminal proceedings
against any person before any court (other than a

court-martial) in respect of any offence alleged to
have been committed by that person;

(b) to take over and continue any such criminal
proceedings that have been instituted or undertaken by
any other person or authority; and

(c) to discontinue at any stage before judgement is
delivered any such criminal proceedings instituted or
undertaken by himself or any other person or authority.

(3) The powers of the Director of Public Prosecutions
under subsection (2) may be exercised by him in person
or by officers subordinate to him acting in accordance
with his general or special instructions.

(4) The powers conferred on the Director of Public
Prosecutions by subsections (2)(b) and (c) shall be
vested in him to the exclusion of any other person or
authority except the Attorney-General:

Provided that where any other person or authority has
instituted criminal proceedings, nothing in this
subsection shall prevent the withdrawal of those
proceedings by or at the instance of that person or
authority and with the leave of the court.

(5) For the purposes of this section, any appeal from a
judgement in criminal proceedings before any court, or
any case stated or question of law reserved for the
purpose of any such proceedings, to any other court
shall be deemed to be part of those proceedings:

Provided that the power conferred on the Director of
Public Prosecutions by subsection (2)(c) shall not be
exercised in relation to any appeal by a person
convicted in any criminal proceedings or to any case
stated or question of law reserved at the instance of
such a person.

(6) Save as provided in section 98(2)(b) of this
Constitution, in the exercise of the functions
conferred on him by subsection (2) of this section or
section 77 of this Constitution the Director of Public
Prosecutions shall not be subject to the direction or
control of any other person or authority.

100. Constitution of offices

Subject to the provisions of this Constitution and of
any other law, the King may constitute offices for
Lesotho, make appointments to any such office and
terminate any such appointment.

101. Prerogative of Mercy

(1) The King may—

(a) grant to any person convicted of any offence under
the law of Lesotho a pardon, either free or subject to
lawful conditions;

(b) grant to any person a respite, either indefinite or
for a specified period, of the execution of any
punishment imposed on that person for such an offence;

(c) substitute a less severe form of punishment for any
punishment imposed on any person for such an offence;
and

(d) remit the whole or part of any punishment imposed
on any person for such an offence or any penalty or
forfeiture otherwise due to the King on account of such
an offence.

(2) The powers of the King under subsection (1) shall
be exercised by him acting in accordance with the
advice of the Pardons Committee.

102. Pardons Committee on Prerogative of Mercy

(1) There shall be a Pardons Committee on the
Prerogative of Mercy which shall consist of a Chairman
and two other members appointed by the King acting in
accordance with the advice of the Judicial Service
Commission from among persons who are not public
officers or members of either House of Parliament.

(2) The office of the Chairman or of any other member
of the Committee appointed under subsection (1) shall
become vacant—

(a) at the expiration of three years from the date of
his appointment; or

(b) if the King, acting in accordance with the advice
of the Judicial Service Commission, so directs; or

(c) if any circumstances arise that, if he were not a
member of the Committee, would cause him to be
disqualified to be appointed as such under subsection
(1).

(3) The Committee may act notwithstanding any vacancy
in its membership and its proceedings shall not be
invalidated by the presence or participation of any
person not entitled to be present at or to participate
in those proceedings.

(4) The Committee may regulate its own procedure.

103. Chiefs

(1) The twenty-two offices of Principal Chief set out
in Schedule 2 to this Constitution and the other
offices of Chief recognised under the law in force

immediately before the commencement of this
Constitution shall continue to exist.

(2) Parliament may make provision for the regulation of
offices of chief.

(3) Each Chief shall have such functions as are
conferred on him by this Constitution or by or under
any other law.

104. College of Chiefs

(1) There shall be a College of Chiefs which, subject
to the provisions of subsection (3), shall consist of
the twenty-two Principal Chiefs.

(2) The College of Chiefs shall have the functions
conferred on it by section 45 and section 46 of this
Constitution and the duty to maintain and safeguard the
national archives in relation to those functions, and
it shall also have such other functions as may be
conferred on it by any other law.

(3) The College of Chiefs may, by resolution, co-opt
members to assist it in the performance of its
functions:

Provided that such co-opted members shall not exceed
three in number at any one time.

(4) A co-opted member of the College of Chiefs may
attend and take part in all meetings of the College but
he shall not be entitled to vote on any question before
the College.

(5) The College of Chiefs may, subject to its rules of
procedure, act notwithstanding any vacancy in its
membership or the absence of any member and its
proceedings shall not be invalidated by the presence or

participation of any person not entitled to be present
at or to participate in those proceedings:

Provided that any decision of the College shall require
the concurrence of a majority of all the members
thereof (other than the co-opted members).

(6) Subject to the provisions of this section, the
College of Chiefs may regulate its own procedure.

105. National Planning Board

(1) There shall be a National Planning Board which
shall consist of the following members,

(a) not more than three persons for the time being
designated in that behalf by the King, acting in
accordance with the advice of the Council of State;

(b) not more than six persons who are for the time
being designated in that behalf by a Minister or
Ministers specified by the Prime Minister and who
possess such professional qualifications as, in the
opinion of the relevant Minister, will enable them to
make a special contribution to the work of the Board;

(c) not more than three persons for the time being
designated in that behalf by such organisations
representative of local government authorities as may
be so designated by the Minister for the time being
responsible for local government;

(d) not more than three persons for the time being
designated in that behalf by such organisations
representative of the private sector as may be so
appointed by the Minister for the time being
responsible for trade and industry; and

(e) not more than three persons for the time being
designated in that behalf by livestock farmers and
other agro-allied associations.

(2) The functions of the National Planning Board shall
be,

(a) to prepare plans for the economic development of
Lesotho, including in particular the development,
conservation and use of land and other natural
resources;

(b) to co-ordinate and supervise the preparation of
such plans by the Government of Lesotho and other
public authorities;

(c) to advise the Government of Lesotho and other
public authorities in relation to the economic
development of Lesotho, including the matters
particularly specified in paragraph (a);

(d) to advise the Government of Lesotho in relation to
its policy in respect of land holding; and

(e) such other functions as may for the time being be
conferred upon it by or under any law.

(3) Parliament may make provision for the purpose of
giving effect to the provisions of this section and in
particular may make provision in respect of the
following:—

(a) the election of Chairman;

(b) the term of office of members of the National
Planning Board; and

(c) the procedure of the National Planning Board.

106. Local authorities

(1) Parliament shall establish such local authorities
as it deems necessary to enable urban and rural
communities to determine their affairs and to develop
themselves. Such authorities shall perform such
functions as may be conferred by an Act of Parliament.

(2) Any enactment which provides for the establishment
of a local authority and in force immediately before
the coming into operation of this Constitution shall
continue in force subject to repeal or modification by
Parliament.

CHAPTER IX
LAND

107. Land vested in Basotho Nation

Without prejudice to any allocation of land that was
made before the commencement of this Constitution and
was subsisting immediately before such commencement or
to any interests or rights in or over land that were
otherwise vested in any person immediately before such
commencement and without prejudice to any allocation of
land or any grant of any interest or right in or over
land that may, in accordance with the provisions of
this Constitution and, subject thereto, of any other
law, be made after the commencement of this
Constitution, all land in Lesotho is vested in the
Basotho Nation.

108. Power to allocate land, etc. vested in the King in
trust for Basotho Nation

(1) The power to allocate land that is vested in the
Basotho Nation, to make grants of interests or rights
in or over such land, to revoke or derogate from any
allocation or grant that has been made or otherwise to

terminate or restrict any interest or right that has
been granted is vested in the King in trust for the
Basotho Nation.

(2) The power that is vested in the King by subsection
(1) of this section shall be exercised in accordance
with this Constitution and any other law.

109. Laws regulating principles on which land may be
allocated, etc.

Parliament may make provision prescribing the
allocations that may be made and the interests or
rights that may be granted in exercise of the power
conferred by section 108 of this Constitution, the
grounds upon which and the circumstances in which such
allocations or grants may or shall be so made or may or
shall be revoked or derogated from or the interests or
rights which may or shall otherwise be so terminated or
restricted, appeals in respect of the allocation or
refusal to allocate land or the revocation of interests
to or in land and, generally, regulating the principles
according to which and the manner in which the said
power shall be exercised.

CHAPTER X
FINANCE

110. Consolidated Fund

All revenues or other moneys raised or received for the
purposes of the government of Lesotho (not being
revenues or other moneys that are payable, by or under
an Act of Parliament, into some other fund established
for any specific purpose or that may, by or under such
an Act, be retained by the authority that received them
for the purpose of defraying the expenses of that
authority) shall be paid into and form a Consolidated
Fund.

111. Withdrawals from Consolidated Fund or other public
funds

(1) No moneys shall be withdrawn from the Consolidated
Fund except—

(a) to meet expenditure that is charged upon the Fund
by this Constitution or by any Act of Parliament; or

(b) where the issue of those moneys has been authorised
by an Appropriation Act or by an Act made in pursuance
of section 113 of this Constitution.

(2) Where any moneys are charged by this Constitution
or any Act of Parliament upon the Consolidated Fund or
any other public fund, they shall be paid out of that
fund by the Government of Lesotho to the person or
authority to whom payment is due.

(3) No moneys shall be withdrawn from any public fund
other than the Consolidated Fund unless the issue of
those moneys has been authorised by or under any law.

(4) Parliament may prescribe the manner in which
withdrawals may be made from the Consolidated Fund or
any other public fund.

(5) The investment of moneys forming part of the
Consolidated Fund shall be made in such manner as may
be prescribed by or under an Act of Parliament.

(6) Notwithstanding the provisions of subsection (1),
provision may be made by or under an Act of Parliament
authorising withdrawals to be made from the
Consolidated Fund, in such circumstances and to such
extent as may be prescribed by or under an Act of
Parliament, for the purpose of making repayable
advances.

112. Authorisation of expenditure from Consolidated
Fund by appropriation

(1) The Minister for the time being responsible for
finance shall cause to be prepared and laid before both
Houses of Parliament in each financial year estimates
of the revenues and expenditure of Lesotho for the next
following financial year.

(2) When the estimates of expenditure (other than
expenditure charged upon the Consolidated Fund by this
Constitution or by any Act of Parliament) have been
approved by the National Assembly, a bill, to be known
as an Appropriation bill, shall be introduced in the
Assembly, providing for the issue from the Consolidated
Fund of the sums necessary to meet that expenditure and
the appropriation of those sums, under separate votes
for the several heads of expenditure approved, to the
purposes specified therein.

(3) If in respect of any financial year it is found—

(a) that the amount appropriated by the Appropriation
Act to any purpose is insufficient or that a need has
arisen for expenditure for a purpose to which no amount
has been appropriated by that Act; or

(b) that any moneys have been expended for any purpose
in excess of the amount appropriated to that purpose by
the Appropriation Act or for a purpose to which no
amount has been appropriated by that Act,

a supplementary estimate or, as the case may be, a
statement of excess showing the sums required or spent
shall be laid before both Houses of Parliament and,
when the supplementary estimate or statement of excess
has been approved by the National Assembly, a
supplementary Appropriation bill shall be introduced in

the Assembly, providing for the issue of such sums from
the Consolidated Fund and appropriating them to the
purposes specified therein.

113. Authorisation of expenditure in advance of
appropriation

Parliament may make provision under which, if it
appears to the Minister for the time being responsible
for finance that the Appropriation Act for any
financial year will not come into operation by the
beginning of that financial year, he may authorise the
withdrawal from the Consolidated Fund of moneys for the
purpose of meeting expenditure necessary to carry on
the government of Lesotho in respect of the period
commencing with the beginning of that financial year
and expiring four months thereafter or on the coming
into operation of the Act, whichever is the earlier:

Provided that—

(a) the moneys so authorised to be withdrawn in advance
of the Appropriation Act for any financial year shall
not exceed in total one-third of the sums included in
the estimates of expenditure for the proceeding
financial year that have been laid before the Assembly;

(b) no sums shall be so authorised to be withdrawn to
meet expenditure on any head of expenditure in that
financial year if no sums had been voted to meet
expenditure on that head of expenditure in respect of
the preceding financial year; and

(c) any moneys so withdrawn shall be included, under
separate votes for the several heads of expenditure in
respect of which they were withdrawn, in the
Appropriation Act.

114. Contingencies Fund

(1) Parliament may make provision for the establishment
of a Contingencies Fund and for authorising the
Minister for the time being responsible for finance, if
satisfied that there has arisen an urgent and unforseen
need for expenditure for which no other provision
exists, to make advances from that Fund to meet that
need.

(2) Where any advance is made from the Contingencies
Fund, a supplementary estimate shall be presented and a
supplementary Appropriation bill shall be introduced as
soon as possible for the purpose of replacing the
amount so advanced.

115. Remuneration of certain officers

(1) There shall be paid to the holders of the offices
to which this section applies such salary and such
allowances as may be prescribed by or under an Act of
Parliament.

(2) The salaries and allowances prescribed in pursuance
of this section in respect of the holders of the
offices to which this section applies shall be a charge
on the Consolidated Fund.

(3) The salary prescribed in pursuance of this section
in respect of the holder of any office to which this
section applies and his other terms of service (other
than allowances that are not taken into account in
computing, under any law in that behalf, any pension
payable in respect of his service in that office) shall
not be altered to his disadvantage after his
appointment.

(4) When a person’s salary or other terms of service
depend upon his option, the salary or terms for which
he opts shall, for the purposes of subsection (3), be

deemed to be more advantageous to him than any others
for which he might have opted.

(5) This section applies to the offices of the
President of the Senate, the Speaker of the National
Assembly, a judge of the Court of Appeal, a judge of
the High Court, a member of the Constituency
Delimitation Commission, a member of the Public Service
Commission, an appointed member of the Judicial Service
Commission, the Chief Electoral Officer, the Attorney-
General, the Director of Public Prosecutions, the
Auditor-General and the Ombudsman.

(6) Nothing in this section shall be construed as
prejudicing the provisions of section 150 of this
Constitution (which protects pensions rights in respect
of service as a public officer).

116. Public debt

(1) All debt charges for which Lesotho is liable shall
be a charge on the Consolidated Fund.

(2) For the purposes of this section debt charges
include interest, sinking fund charges, the repayment
or amortisation of debt and all expenditure in
connection with the raising of loans on the security of
the Consolidated Fund and the service and redemption of
debt created thereby.

117. Auditor-General

(1) There shall be an Auditor-General whose office
shall be an office in the public service.

(2) It shall be the duty of the Auditor-General—

(a) to satisfy himself that all moneys that have been
appropriated by Parliament and disbursed have been

applied to the purposes to which they were so
appropriated and that the expenditure conforms to the
authority that governs it; and

(b) at least once in every year to audit and report on
the public accounts of the Government of Lesotho, the
accounts of all officers and authorities of that
Government, the accounts of all courts in Lesotho, the
accounts of every Commission established by this
Constitution and the accounts of the Clerk to each
House of Parliament.

(3) The Auditor-General and any officer authorised by
him shall have access to all books, records, returns,
reports and other documents that in his opinion relate
to any of the accounts referred to in subsection (2)
and to all cash, stamps, securities, stores and other
property of whatever kind that he considers it
necessary to inspect in connection with any of those
accounts and that is in the possession of any officer
or authority of the Government of Lesotho.

(4) The Auditor-General shall submit every report made
by him in pursuance of subsection (2) to the Minister
for the time being responsible for finance who shall,
not later than seven days after each House of
Parliament first meets after he has received the
report, lay it before that House.

(5) The Auditor-General shall exercise such other
functions in relation to the accounts of the Government
of Lesotho or the accounts of other authorities or
bodies established by law for public purposes as may be
prescribed by or under an Act of Parliament.

(6) In exercise of his functions under subsections (2),
(3) and (4) the Auditor-General shall not be subject to
the direction or control of any other person or
authority.

CHAPTER XI
THE JUDICATURE

Part 1
The Judiciary

118. The Judiciary

(1) The judicial power shall be vested in the courts of
Lesotho which shall consist of—

(a) a Court of Appeal;

(b) a High Court;

(c) Subordinate Courts and Courts-martial;

(d) such tribunals exercising a judicial function as
may be established by Parliament.

(2) The courts shall, in the performance of their
functions under this Constitution or any other law, be
independent and free from interference and subject only
to this Constitution and any other law.

(3) The Government shall accord such assistance as the
courts may require to enable them to protect their
independence, dignity and effectiveness, subject to
this Constitution and any other law.

Part 2
The High Court

119. Establishment of High Court

(1) There shall be a High Court which shall have
unlimited original jurisdiction to hear and determine
any civil or criminal proceedings and the power to

review the decisions or proceedings of any subordinate
or inferior court, court-martial, tribunal, board or
officer exercising judicial, quasi-judicial or public
administrative functions under any law and such
jurisdiction and powers as may be conferred on it by
this Constitution or by or under any other law.

(2) The judges of the High Court shall be the Chief
Justice and such number, of other judges (hereinafter
referred to as “the puisne judges”) as may be
prescribed by Parliament:

Provided that the office of a puisne judge shall not be
abolished while there is a substantive holder thereof.

(3) The High Court shall be a superior court of record
and, save as otherwise provided by Parliament, shall
have all the powers of such a court.

(4) The High Court shall sit in such places as the
Chief Justice may appoint.

120. Appointment of judges of High Court

(1) The Chief Justice shall be appointed by the King
acting in accordance with the advice of the Prime
Minister.

(2) The puisne judges shall be appointed by the King,
acting in accordance with the advice of the Judicial
Service Commission.

(3)(a) A person shall not be qualified to be appointed
as a judge of the High Court unless—

(i) he holds or has held office as a judge of a court
having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or in any
country outside the Commonwealth that may be prescribed

by Parliament or a court having jurisdiction in appeals
from such a court; or

(ii) he holds one of the specified qualifications and
has held one or other of those qualifications for a
total period of not less than five years.

(b) In this subsection “the specified qualifications”
means the professional qualifications specified by the
Legal Practitioners Act 1983, or by or under any law
amending or replacing that Act, one of which must be
held by any person before he may apply under that Act,
or under any such law, to be admitted as a legal
practitioner in Lesotho.

(4) If the office of Chief Justice is vacant or the
Chief Justice is for any reason unable to exercise the
functions of his office, then, until a person has been
appointed to and has assumed the functions of that
office or until the person holding that office has
resumed those functions, as the case may be, they shall
be exercised by such one of the judges of the Court of
Appeal or the puisne judges or such other person
qualified to be appointed as a judge of the High Court
as the King, acting in accordance with the advice of
the Prime Minister, may appoint. Before rendering
advice to the King for the purposes of this subsection
the Prime Minister shall consult the Chief Justice if
he is available:

Provided that—

(a) a person may be appointed under this subsection
notwithstanding that he has attained the age prescribed
for the purposes of section 121(1) of this
Constitution; and

(b) a person appointed under this subsection may,
notwithstanding the assumption or resumption of the

functions of the office of Chief Justice by the holder
of that office, continue to act as Chief Justice for so
long thereafter and to such extent as may be necessary
to enable him to deliver judgement or to do any other
thing in relation to proceedings that were commenced
before him previously thereto.

(5) If the office of any puisne judge is vacant or if
any such judge is appointed to act as Chief Justice or
is for any reason unable to perform the functions of
his office or if the Chief Justice advises the King
that the state of business in the High Court so
requires, the King, acting in accordance with the
advice of the Judicial Service Commission, may appoint
a person who is qualified to be appointed as a judge of
the High Court to act as a puisne judge of that Court:

Provided that a person may act as a judge
notwithstanding that he has attained the age prescribed
for the purposes of section 121(1) of this
Constitution.

(6) Any person appointed under subsection (5) to act as
a puisne judge shall, subject to the provisions of
section 121(7) of this Constitution, continue to act as
judge for the period of his appointment or, if no such
period is specified, until his appointment is revoked
by the King, acting in accordance with the advice of
the Judicial Service Commission:

Provided that, notwithstanding the expiration of the
period of his appointment or the revocation of his
appointment, he may thereafter continue to act as a
puisne judge for so long as necessary to enable him to
deliver judgement or to do any other thing in relation
to proceedings that were commenced before him
previously thereto.

121. Tenure of office of Chief Justice and other judges
of High Court

(1) Subject to the provisions of this section, a person
holding the office of Chief Justice or other judge of
the High Court shall vacate that office when he attains
the prescribed age.

(2) Notwithstanding that he has attained the age
prescribed for the purposes of subsection (1), a person
holding the office of Chief Justice or other judge of
the High Court may continue in office for so long after
attaining that age as may be necessary to enable him to
deliver judgement or to do any other thing in relation
to proceedings that were commenced before him before he
attained that age.

(3) The Chief Justice and any other judge of the High
Court may be removed from office only for inability to
perform the functions of his office (whether arising
from infirmity of body or mind or any other cause) or
for misbehaviour and shall not be so removed except in
accordance with the provisions of this section.

(4) The Chief Justice and any other judge of the High
Court shall be removed from office by the King if the
question of his removal has been referred by the King
to a tribunal appointed under subsection (5) and the
tribunal has advised the King that the Chief Justice or
the judge ought to be removed from office for inability
as aforesaid or for misbehaviour.

(5) If the Prime Minister or, in the case of a puisne
judge, the Chief Justice represents to the King that
the question of removing a judge under this section
ought to be investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other

members, selected in accordance with the provisions of
subsection (6) from among persons who hold or have held
high judicial office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and advise the
King on what action is to be taken in relation to the
Chief Justice or other judge.

(6) When the question of removing the Chief Justice is
to be investigated the members of the tribunal shall be
selected by the Prime Minister, and when the question
of removing a puisne judge is to be investigated they
shall be selected by the Chief Justice.

(7) If the question of removing the Chief Justice or a
judge from office has been referred to a tribunal under
subsection (5), the King, acting in accordance with the
advice of the Prime Minister in the case of the Chief
Justice and acting in accordance with the advice of the
Chief Justice in the case of a puisne judge, may
suspend the Chief Justice, or as the case may be, the
judge, from the exercise of the functions of his office
and any such suspension may at any time be revoked by
the King, acting in accordance with such advice as
aforesaid, and shall in any case cease to have effect
if the tribunal advises the King that the Chief Justice
or the judge should not be removed from office.

(8) The prescribed age for the purposes of subsection
(1) is the age of seventy-five years or such other age
as may be prescribed by Parliament:

Provided that an Act of Parliament, to the extent to
which it alters the prescribed age after the
appointment of a person to be Chief Justice or judge of
the High Court, shall not have effect in relation to
that person unless he consents that it should have
effect.

122. Oath by judges of High Court

Before entering upon the duties of his office, the
Chief Justice and a puisne judge shall take and
subscribe such oath for the due execution of his office
as may be prescribed by Parliament.

Part 3
The Court of Appeal

123. Establishment of Court of Appeal

(1) There shall be for Lesotho a Court of Appeal which
shall have such jurisdiction and powers as may be
conferred on it by this Constitution or any other law.

(2) The judges of the Court of Appeal shall be—

(a) the President;

(b) such number of Justices of Appeal as may be
prescribed by Parliament; and

(c) the Chief Justice and the puisne judges of the High
Court ex officio.

(3) The office of a Justice of Appeal shall not be
abolished while there is a substantive holder thereof.

(4) The Court of Appeal shall be a superior court of
record and, save as otherwise provided by Parliament,
shall have all the powers of such a court.

(5) The Court may, in accordance with any directions
issued from time to time by the President, sit in
Lesotho or elsewhere to dispose of any matter in
relation to an appeal, not involving the decision of

the appeal, and such matter may be disposed of by a
single judge.

124. Appointment of judges of Court of Appeal

(1) The President shall be appointed by the King on the
advice of the Prime Minister.

(2) The Justices of Appeal shall be appointed by the
King, acting in accordance with the advice of the
Judicial Service Commission after consultation with the
President.

(3)(a) A person shall not be qualified to be appointed
as a Justice of Appeal unless—

(i) he holds or has held office as a judge of a court
having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or in any
country outside the Commonwealth that may be prescribed
by Parliament or a court having jurisdiction in appeals
from such a court; or

(ii) he holds one of the specified qualifications and
has held one or other of those qualifications for a
total period of not less than seven years.

(b) In this subsection “the specified qualifications”
means the professional qualifications specified by the
Legal Practitioners Act 1983, or by or under any law
amending or replacing that Act, one of which must be
held by any person before he may apply under that Act,
or under any such law to be admitted as a legal
practitioner in Lesotho.

(4) If the office of President is vacant or the
President is for any reason unable to exercise the
functions of his office, then, until a person has been
appointed to and has assumed the functions of that

office or until the person holding that office has
resumed those functions, as the case may be, they shall
be exercised by such one of the judges of the Court of
Appeal or such other person qualified to be appointed
as a judge of the Court of Appeal as the King, acting
in accordance with the advice of the Prime Minister,
may appoint. Before tendering advice to the King for
the purposes of this subsection, the Prime Minister
shall consult the President if he is available:

Provided that:

(a) a person may be appointed under this subsection
notwithstanding that he has attained the age prescribed
for the purposes of section 125(1) of this
Constitution; and

(b) a person appointed under this subsection may,
notwithstanding the assumption or resumption of the
functions of the office of President by the holder of
that office, continue to act as President for so long
thereafter and to such extent as may be necessary to
enable him to deliver judgement or to do any other
thing in relation to proceedings that were commenced
before him previously thereto.

(5) If the office of a Justice of Appeal is vacant or
if any such Justice of Appeal is appointed to act as
President or is for any reason unable to perform the
functions of his office, or if the President advises
the King that the state of business in the Court of
Appeal so requires, the King, acting in accordance with
the advice of the Judicial Service Commission after
consultation with the President, may appoint a person
who is qualified to be appointed as a Justice of Appeal
to act as a Justice of Appeal:

Provided that a person may act as a Justice of Appeal
notwithstanding that he has attained the age prescribed

for the purposes of section 125(1) of this
Constitution.

(6) Any person appointed under subsection (5) to act as
a Justice of Appeal shall, subject to the provisions of
section 125(7) of this Constitution, continue to act
for the period of his appointment or, if no such period
is specified, until his appointment is revoked by the
King, acting in accordance with the advice of the
Judicial Service Commission after consultation with the
President:

Provided that, notwithstanding the expiration of the
period of his appointment or the revocation of his
appointment, he may thereafter continue to act as a
Justice of Appeal for so long as may be necessary to
enable him to deliver judgement or to do any other
thing in relation to proceedings that were commenced
before him previously thereto.

125. Tenure of office of appointed judges of Court of
Appeal

(1) Subject to the provisions of this section, a person
holding the office of an appointed judge of the Court
of Appeal shall vacate that office when he attains the
prescribed age.

(2) Notwithstanding that he has attained the age
prescribed for the purposes of subsection (1), an
appointed judge may continue in office for so long
after attaining that age as may be necessary to enable
him to deliver judgement or to do any other thing in
relation to proceedings that were commenced before him
before he attained that age.

(3) An appointed judge may be removed from office only
for inability to perform the functions of his office
(whether arising from infirmity of body or mind or any

other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of
this section.

(4) An appointed judge shall be removed from office by
the King if the question of his removal has been
referred by the King to a tribunal appointed under
subsection (5) and the tribunal has advised the King
that the appointed judge ought to be removed from
office for inability as aforesaid or for misbehaviour.

(5) If the Prime Minister or, in the case of a Justice
of Appeal, the President represents to the King that
the question of removing an appointed judge under this
section ought to be investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected in accordance with the provisions of
subsection (6) from among persons who hold or have held
high judicial office;

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and advise the
King whether the appointed judge ought to be removed
from office under this section for inability as
aforesaid or for misbehaviour.

(6) When the question of removing the President is to
be investigated, the members of the tribunal shall be
selected by the Prime Minister and, when the question
of removing a Justice of Appeal is to be investigated,
the members of the tribunal shall be selected by the
President.

(7) If the question of removing an appointed judge from
office has been referred to a tribunal under subsection
(5), the King, acting in accordance with the advice of
the Prime Minister in the case of the President and in

accordance with the advice of the President in the case
of Justice of Appeal, may suspend the appointed judge
from the exercise of the functions of his office and
any such suspension may at any time be revoked by the
King, acting in accordance with such advice as
aforesaid, and shall in any case cease to have effect
if the tribunal advises the King that the appointed
judge should not be removed from office.

(8) The prescribed age for the purposes of subsection
(1) is the age of seventy-five years or such other age
as may be prescribed by Parliament:

Provided that—

(a) a person may be appointed as Justice of Appeal for
a fixed period of three years notwithstanding that he
has attained the age referred to in this subsection or
that he will before the expiry of his appointment have
attained that age; and

(b) an Act of Parliament, to the extent to which it
alters the prescribed age after the appointment of a
person to be a Justice of Appeal, shall not have effect
in relation to that person unless he consents that it
should have effect.

(9) In this section and section 126 the expression
“appointed judge of the Court of Appeal” and the
expression “appointed judge” mean a person appointed
under section 124(1) or, as the case may be, section
124(2) of this Constitution.

126. Oath by judges of Court of Appeal

Before entering upon the duties of his office, an
appointed judge of the Court of Appeal shall take and
subscribe such oath for the due execution of his office
as may be prescribed by Parliament.

Part 4
Subordinate Courts, Courts-Martial and Tribunals

127. Establishment of other courts and Tribunals

Parliament may establish courts subordinate to the High
Court, courts-martial and tribunals, and any such court
or tribunal shall, subject to the provisions of this
Constitution, have such jurisdiction and powers as may
be conferred on it by or under any law.

128. Reference to High Court in cases in subordinate
courts etc. involving interpretation of Constitution

(1) Where any question as to the interpretation of this
Constitution arises in any proceedings in any
subordinate court or tribunal and the court or tribunal
is of the opinion that the question involves a
substantial question of law, the court or tribunal may,
and shall, if any party to the proceedings so requests,
refer the question to the High Court.

(2) Where any question is referred to the High Court in
pursuance of this section, the High Court shall give
its decision upon the question and the court or
tribunal in which the question arose shall dispose of
the case in accordance with that decision or, if that
decision is the subject of an appeal under section 129
of this Constitution, in accordance with the decision
of the Court of Appeal.

Part 5
Appeals and Rules

129. Appeals to the Court of Appeal

(1) In addition to the right of appeal accorded by
section 47 of this Constitution, an appeal shall lie as

of right to the Court of Appeal from decisions of the
High Court in the following cases, that is to say:

(a) subject to section 69 of this Constitution, final
decisions in any civil or criminal proceedings on
questions as to the interpretation of this
Constitution, including any such decision made on a
reference to the High Court under section 128;

(b) final decisions of the High Court in the
determination of any question in respect of which a
right of access to the High Court is guaranteed by
section 17 of this Constitution and final decisions of
the High Court under section 22 of this Constitution.

(2) Subject to section 69 of this Constitution, the
Court of Appeal shall have such other jurisdiction with
regard to appeals as shall be determined by Parliament.

(3) The Court of Appeal shall, when determining any
matter other than an interlocutory matter, be composed
of an uneven number of judges, not being less than
three.

130. Appeals to the High Court

In addition to the supervisory jurisdiction and
jurisdiction on a reference conferred on the High Court
by this Constitution, the High Court shall have such
jurisdiction with regard to appeals from decisions of
any subordinate court, court-martial or tribunal as may
be conferred by Parliament.

131. Rules of Court

Without prejudice to any other provision of this
Constitution for the making of rules regulating the
practice and procedure of any court—

(a) the Chief Justice may make rules for regulating the
practice and procedure of the High Court; and

(b) the President may make rules for regulating the
practice and procedure of the Court of Appeal in
relation to appeals to the Court (including the
practice and procedure of any court from which such
appeals are brought) whether before or after final
judgement in the Court of Appeal:

Provided that no rule which may involve an increase in
the expenses of a court shall be made except with the
concurrence of the Minister for the time being
responsible for finance, but the validity of a rule
shall not in any proceedings in any court be called in
question either by the court or by any party to the
proceedings on the ground only that it was a rule in
which the concurrence of the Minister was necessary and
that he did not concur or is not expressed to have
concurred in the making thereof.

Part 6
Judicial Service Commission

132. Judicial Service Commission

(1) There shall be a Judicial Service Commission which
shall consist of—

(a) the Chief Justice, as Chairman;

(b) the Attorney-General;

(c) the Chairman of the Public Service Commission or
some other member of that Commission designated by the
Chairman thereof; and

(d) a member appointed from amongst persons who hold or
have held high judicial office who shall be appointed

by the King acting in accordance with the advice of the
Chief Justice and is hereinafter referred to as the
appointed member.

(2) Subject to the provisions of this section, the
office of the appointed member of the Commission shall
become vacant at the expiration of five years from the
date of his appointment.

(3) The appointed member of the Commission may be
removed from office only for inability to exercise the
functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour
and shall not be so removed except in accordance with
the provisions of this section.

(4) The appointed member of the Commission shall be
removed from office by the King if the question of his
removal from office has been referred to a tribunal
appointed under subsection (5) and the tribunal has
recommended to the King that he ought to be removed
from office for inability as aforesaid or for
misbehaviour.

(5) If the Chairman of the Commission represents to the
King that the question of removing the appointed member
of the Commission under this section ought to be
investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected by the Chairman of the Commission
from among persons who hold or have held high judicial
office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and recommend
to him whether the appointed member ought to be removed
under this section.

(6) If the question of removing the appointed member of
the Commission has been referred to a tribunal under
this section, the King, acting in accordance with the
advice of the Chairman of the Commission, may suspend
that member from the exercise of the functions of his
office and any such suspension may at any time be
revoked by the King, acting in accordance with such
advice as aforesaid and shall in any case cease to have
effect if the tribunal recommends to the King that
member should not be removed.

(7) If the office of the appointed member of the
Commission is vacant or if the person holding that
office is for any reason unable to exercise the
functions of his office, the King, acting in accordance
with the advice of the Chief Justice, may appoint a
person who is qualified to be the appointed member to
act as that member, and any person so appointed shall,
subject to the provisions of subsection (2), continue
to act until the office in which he is acting is filled
or, as the case may be, until the holder thereof
resumes his functions or until his appointment to act
is revoked by the King acting in accordance with the
advice of the Chief Justice.

(8) In the exercise of its functions under this
Constitution, the Commission shall not be subject to
the direction or control of any other person or
authority.

(9) The Commission may by regulation or otherwise
regulate its own procedure and, with the consent of the
Prime Minister, may confer powers or impose duties on
any public officer or on any authority of the
Government of Lesotho for the purpose of the discharge
of its functions.

(10) The Commission may, subject to its rules of
procedure, act notwithstanding any vacancy in its
membership or the absence of any member, and its
proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present
at or to participate in those proceedings:

Provided that any decision of the Commission shall
require the concurrence of a majority of all the
members thereof.

(11) The Secretary to the Commission shall be the
Registrar of the High Court.

133. Appointment, etc. of judicial officers

(1) The power to appoint persons to hold or act in any
offices to which this section applies (including the
power to confirm appointments), the power to exercise
disciplinary control over persons holding or acting in
such offices and the power to remove such persons from
office shall vest in the Judicial Service Commission.

(2) The Judicial Service Commission may, by directions
in writing and subject to such conditions as it thinks
fit, delegate any of its powers under subsection (1) to
any one or more of its members or to any judge of the
High Court or to any person holding or acting in an
office to which this section applies.

(3) The offices to which this section applies are—

(a) the office of Registrar or Assistant Registrar of
the High Court or Registrar or Assistant Registrar of
the Court of Appeal;

(b) the office of magistrate;

(c) the office of member of any subordinate court; or

(d) such other offices connected with any court as may
be prescribed by or under an Act of Parliament.

(4) Save in so far as Parliament otherwise provides,
references in this section to a member of any court
shall not be construed as including references to an
assessor whose functions are advisory or consultative
only.

(5) In this section references to a court do not
include references to a court-martial or tribunal.

CHAPTER XII
THE OMBUDSMAN

134. The Ombudsman

(1) There shall be an Ombudsman who shall be appointed,
subject to the provisions of subsection (2), by the
King acting in accordance with the advice of the Prime
Minister for a term not exceeding four years.

(2) A person holding the office of Ombudsman may be
removed from office only for inability to exercise the
functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour
and shall not be removed except in accordance with the
provisions of subsection (3).

(3) Section 142(5) to (7) shall apply to the office of
Ombudsman as it applies to the office of Auditor-
General.

135. Functions of Ombudsman

(1) The Ombudsman may—

(a) investigate action taken by any officer or
authority referred to in subsection (2) in the exercise
of the administrative functions of that officer or
authority in cases where it is alleged that a person
has suffered injustice in consequence of that action;
and

(b) perform such other duties and exercise such other
powers as may be conferred on him by an Act of
Parliament.

(2) Subject to such exceptions and conditions as may be
prescribed by Parliament, the provisions of subsection
(1)(a) shall apply in respect of any action taken by
the following officers and authorities:

(a) any department of government or any member of such
a department;

(b) any local government authority and the members and
officers of a local government authority;

(c) any statutory corporation and the members and
persons in the service of a statutory corporation.

(3) The Ombudsman shall make a written report of every
investigation undertaken by him which—

(a) shall include a statement of the action if any,
taken by the officer or authority concerned as a
consequence of such investigation; and

(b) may include a recommendation as to what remedial
action, including the payment of compensation, should
be taken,

and the Ombudsman shall submit annually to Parliament a
summary of such reports.

(4) In the exercise of his functions under this
section, the Ombudsman shall not be subject to the
directions or control of any other person or authority.

(5) Parliament may make provision for the exercise of
the functions of the Ombudsman (including the
circumstances in which, and the times within which, a
complaint may be made to the Ombudsman) and, without
prejudice to the generality of the foregoing, the
officers and authorities whose actions are not subject
to investigation by him.

CHAPTER XIII
THE PUBLIC SERVICE

136. Public Service Commission

(1) There shall be a Public Service Commission which
shall consist of a Chairman and not less than two nor
more than four other members, who shall be appointed by
the King, acting in accordance with the advice of the
Judicial Service Commission.

(2) A person shall not be qualified to be appointed a
member of the Commission if he is a public officer and
the Judicial Service Commission shall not advise the
King to appoint any person as a member unless it is
satisfied that such person—

(a) is a person of integrity;

(b) possesses experience in administrative and public
affairs and such other qualities of mind as to enable
him to discharge his duties in a fair manner free from
bias or prejudice;

(c) does not take an active part in politics or in
political activity.

(3) A member of the Commission shall not, within the
period of three years commencing with the day on which
he last held or acted in the office of member of the
Commission, be eligible for appointment to or to act in
any public office.

(4) Subject to the provisions of this section, the
office of a member of the Commission shall become
vacant—

(a) at the expiration of five years from the date of
his appointment; or

(b) if he becomes a public officer; or

(a) if he becomes a member of either House of
Parliament or a local authority or a candidate for
election to Parliament or a local authority, or an
officer of a political party.

(5) A member of the Commission may be removed from
office only for inability to exercise the functions of
his office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour (including
failure to discharge his duties in a fair manner free
from prejudice) and shall not be removed except in
accordance with this section.

(6) A member of the Commission shall be removed from
office by the King if the question of his removal from
office has been referred to a tribunal appointed under
subsection (7) and the tribunal has recommended to the
King that he ought to be removed from office for
inability or for misbehaviour.

(7) If the Prime Minister in the case of the Chairman
of the Commission or the Chairman in the case of any
other member represents to the King that the question

of removing a member of the Commission under this
section ought to be investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected by the Chief Justice from among
persons who hold or have held high judicial office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and recommend
to him whether the member ought to be removed under
this section.

(8) If the question of removing a member of the
Commission has been referred to a tribunal under this
section, the King, acting in accordance with the advice
of the Chief Justice, may suspend that member from the
exercise of the functions of his office and any such
suspension may at any time be revoked by the King,
acting in accordance with such advice as aforesaid, and
shall in any case cease to have effect if the tribunal
recommends to the King that that member should not be
removed.

(9) If the office of Chairman of the Commission is
vacant or if the person holding that office is for any
reason unable to exercise the functions of his office,
then, until a person has been appointed to and has
assumed the functions of that office or until the
person holding that office has resumed those functions,
as the case may be, they shall be exercised by such one
of the other members of the Commission as may for the
time being be designated in that behalf by the King,
acting in accordance with the advice of the Judicial
Service Commission.

(10) If at any time there are less than two members of
the Commission besides the Chairman or if any such
member is appointed to act as Chairman or is for any

reason unable to exercise the functions of his office,
the King, acting in accordance with the advice of the
Judicial Service Commission, may appoint a person who
is qualified to be appointed as a member of the
Commission to act as a member, and any person so
appointed shall, subject to the provisions of
subsection (4), continue to act until the office in
which he is acting has been filled or, as the case may
be, until the holder thereof has resumed his functions
or until his appointment to act has been revoked by the
King, acting in accordance with the advice of the
Judicial Service Commission.

(11) The Commission shall, in the exercise of its
functions under this Constitution, not be subject to
the direction or control of any other person or
authority.

(12) The Commission may by regulation or otherwise
regulate its own procedure and, with the consent of the
Prime Minister, may confer powers or impose duties on
any public officer or on any authority of the
Government of Lesotho for the purpose of the discharge
of its functions.

(13) The Commission may, subject to its rules of
procedure, act notwithstanding any vacancy in its
membership or the absence of any member and its
proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present
at or to participate in those proceedings:

Provided that any decision of the Commission shall
require the concurrence of a majority of its members.

137. Appointment, etc. of public officers

(1) Subject to the provisions of this Constitution, the
power to appoint persons to hold or act in offices in

the public service (including the power to confirm
appointments), the power to exercise disciplinary
control over persons holding or acting in such offices
and the power to remove such persons from office shall
vest in the Public Service Commission.

(2) Subject to the provisions of this Chapter, the
Public Service Commission may, by directions in writing
and subject to such conditions as it thinks fit,
delegate any of its powers under subsection (1) to any
one or more members of the Commission or, with the
consent of the Prime Minister, to any public officer.

(3) The provisions of this section shall not apply in
relation to the following offices, that is to say—

(a) the office of a judge of the Court of Appeal or of
the High Court, the office of the Attorney-General, the
office of Auditor-General and the office of Ombudsman;

(b) the office of the Chief Electoral Officer;

(c) except in relation to appointments thereto or to
act therein, the office of Director of Public
Prosecutions;

(d) so far only as concerns appointments thereto or to
act therein, the office of Principal Secretary, and the
office of Government Secretary;

(e) any office to which section 133 of this
Constitution (which relates to offices within the
jurisdiction of the Judicial Service Commission)
applies;

(f) any office the power to make appointments to which
is vested in a Teaching Service Commission established
in accordance with section 144 of this Constitution;

(g) the office of Ambassador, High Commissioner or
other principal representative of Lesotho in any other
country; and

(h) the office of Commander of the Defence Force and
offices of members of the Defence Force, the office of
Commissioner of Police and offices of members of the
Police Force, the office of the Director of the
National Security Service and offices of members of the
National Security Service, and the office of Director
of Prisons and offices of members of the Prison
Service.

(4) No person shall be appointed under this section to
or to act in any office on the King’s personal staff
except with the concurrence of the King.

(5) Before any of the powers conferred by this section
in relation to the Clerk of a House of Parliament or a
member of his staff are exercised by the Public Service
Commission or any other person or authority, the
Commission or that person or authority shall consult
with the President or Speaker of that House.

(6) Before the Public Service Commission or any other
person or authority exercises its powers under this
section to appoint to or to act in any public office
any person who holds or is acting in any office the
power to make appointments to which is vested by or
under this Constitution in the Judicial Service
Commission or the Teaching Service Commission, the
Public Service Commission or that person or authority
shall consult with the Judicial Service Commission or
the Teaching Service Commission, as the case may be.

(7) A public officer shall not be removed from office
or subjected to any other punishment under this section
on the grounds of any act done or omitted by him in the

exercise of a judicial function conferred on him unless
the Judicial Service Commission concurs therein.

138. Chief Electoral Officer

(1) The power to appoint a person to hold or act in the
office of Chief Electoral Officer shall vest in the
King, acting in accordance with the advice of the
Council of State.

(2) If the office of Chief Electoral Officer is vacant
or if the Chief Electoral Officer is for any reason
unable to exercise the functions of his office, a
person may be appointed to act as Chief Electoral
Officer, and any person so appointed shall, subject to
the provisions of subsections (3), (5) and (7),
continue to act until a person has been appointed to
the office of Chief Electoral Officer and has assumed
the functions of that office or, as the case may be,
until the person in whose place he is acting has
resumed those functions.

(3) Subject to the provisions of subsection (5), the
Chief Electoral Officer shall vacate his office when he
attains the prescribed age.

(4) A person holding the office of Chief Electoral
Officer may be removed from office only for inability
to exercise the functions of his office (whether
arising from infirmity of body or mind or any other
cause) or for misbehaviour and shall not be so removed
except in accordance with the provisions of this
section.

(5) The Chief Electoral Officer shall be removed from
office by the King if the question of his removal from
office has been referred to a tribunal appointed under
subsection (6) and the tribunal has recommended to the

King that he ought to be removed for inability as
aforesaid or for misbehaviour.

(6) If the Council of State represents to the King that
the question of removing the Chief Electoral Officer
under this section ought to be investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected by the Chief Justice from among
persons who hold or have held high judicial office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and recommend
to him whether the Chief Electoral Officer ought to be
removed under this section.

(7) If the question of removing the Chief Electoral
Officer has been referred to a tribunal under this
section, the King, acting in accordance with the advice
of the Council of State, may suspend the Chief
Electoral Officer from the exercise of the functions of
his office and any such suspension may at any time be
revoked by the King, acting in accordance with such
advice as aforesaid, and shall in any case cease to
have effect if the tribunal recommends to the King that
the Chief Electoral Officer should not be removed.

(8) The prescribed age for the purposes of subsection
(3) is the age of fifty-five years or such other age as
may be prescribed by Parliament:

Provided that an Act of Parliament to the extent to
which it alters the prescribed age after the
appointment of a person to be or to act as Chief
Electoral Officer, shall not have effect in relation to
that person unless he consents that it should have
effect.

139. Principal Secretaries and Government Secretary

(1) The power to appoint a person to hold or act in any
office to which this section applies shall vest in the
Prime Minister, acting after consultation with the
Public Service Commission:

Provided that the power to appoint a person to hold or
act in any such office upon transfer from another such
office carrying the same emoluments shall vest in the
Prime Minister.

(2) The offices to which this section applies are the
office of any Principal Secretary and the office of the
Government Secretary.

140. Attorney-General

(1) The power to appoint a person to hold or act in the
office of Attorney-General shall vest in the King,
acting in accordance with the advice of the Prime
Minister.

(2) (a) A person shall not be qualified to be appointed
to hold or act in the office of Attorney-General unless
he holds one of the specified qualifications and has
held one or other of those qualifications for a total
period of not less than five years.

(b) In this subsection “the specified qualifications”
means the professional qualifications specified by the
Legal Practitioners Act 1983 or by or under any law
amending or replacing that Act, one of which must be
held by any person before he may apply under that Act,
or under any such law, to be admitted as a legal
practitioner in Lesotho.

(3) If the office of Attorney-General is vacant or if
the Attorney-General is for any reason unable to

exercise the functions of his office, a person
qualified for appointment to that office may be
appointed to act therein, and any person so appointed
shall, subject to the provisions of subsections (4),
(6) and (8), continue to act until a person has been
appointed to the office of Attorney-General and has
assumed the functions of that office or, as the case
may be, until the person in whose place he is acting
has resumed those functions.

(4) Subject to the provisions of subsection (6), the
Attorney-General shall vacate his office when he
attains the prescribed age.

(5) A person holding the office of Attorney-General may
be removed from office only for inability to exercise
the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for
misbehaviour and shall not be so removed except in
accordance with the provisions of this section.

(6) The Attorney-General shall be removed from office
by the King if the question of his removal from office
has been referred to a tribunal appointed under
subsection (7) and the tribunal has recommended to the
King that he ought to be removed for inability as
aforesaid or for misbehaviour.

(7) If the Prime Minister represents to the King that
the question of removing the Attorney-General under
this section ought to be investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected by the Chief Justice from among
persons who hold or have held high judicial office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and recommend

to him whether the Attorney-General ought to be removed
under this section.

(8) If the question of removing the Attorney-General
has been referred to a tribunal under this section, the
King, acting in accordance with the advice of the Prime
Minister, may suspend the Attorney-General from the
exercise of the functions of his office and any such
suspension may at any time be revoked by the King,
acting in accordance with such advice as aforesaid, and
shall in any case cease to have effect if the tribunal
recommends to the King that the Attorney-General should
not be removed.

(9) The prescribed age for the purposes of subsection
(4) is the age of fifty-five years or such other age as
may be prescribed by Parliament:

Provided that an Act of Parliament, to the extent to
which it alters the prescribed age after the
appointment of a person to be or to act as Attorney-
General, shall not have effect in relation to that
person unless he consents that it should have effect.

141. Director of Public Prosecutions

(1) (a) A person shall not be qualified to be appointed
to hold the office of Director of Public Prosecutions
unless he holds one of the specified qualifications and
has held one or other of those qualifications for a
total period of not less than five years.

(b) In this subsection “the specified qualifications”
means the professional qualifications specified by the
Legal Practitioners Act 1983, or by or under any law
amending or replacing that Act, one of which must be
held by any person before he may apply under that Act,
or under any such law, to be admitted as a legal
practitioner in Lesotho.

(2) If the office of Director of Public Prosecutions is
vacant or if the Director of Public Prosecutions is for
any reason unable to exercise the functions of his
office, a person qualified for appointment to that
office may be appointed to act therein, and any person
so appointed shall, subject to the provisions of
subsections (3), (5) and (7), continue to act until a
person has been appointed to the office of Director of
Public Prosecutions and has assumed the functions of
that office or, as the case may be, until the person in
whose place he is acting has resumed those functions.

(3) Subject to the provisions of subsection (5), the
Director of Public Prosecutions shall vacate his office
when he attains the prescribed age.

(4) A person holding the office of Director of Public
Prosecutions may be removed from office only for
inability to exercise the functions of his office
(whether arising from infirmity of body or mind or any
other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of
this section.

(5) The Director of Public Prosecutions shall be
removed from office by the King if the question of his
removal from office has been referred to a tribunal
appointed under subsection (6) and the tribunal has
recommended to the King that he ought to be removed for
inability as aforesaid or for misbehaviour.

(6) If the Prime Minister or the Chairman of the Public
Service Commission represents to the King that the
question of removing the Director of Public
Prosecutions under this section ought to be
investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected by the Chief Justice from among
persons who hold or have held high judicial office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and recommend
to him whether the Director of Public Prosecutions
ought to be removed under this section.

(7) If the question of removing the Director of Public
Prosecutions has been referred to a tribunal under this
section, the King, acting in accordance with the advice
of the Public Service Commission, may suspend the
Director of Public Prosecutions from the exercise of
the functions of his office and any such suspension may
at any time be revoked by the King, acting in
accordance with such advice as aforesaid, and shall in
any case cease to have effect if the tribunal
recommends to the King that the Director of Public
Prosecutions should not be removed.

(8) The prescribed age for the purposes of subsection
(3) is the age of fifty-five years or such other age as
may be prescribed by Parliament:

Provided that an Act of Parliament, to the extent to
which it alters the prescribed age after the
appointment of a person to be or to act as Director of
Public Prosecutions, shall not have effect in relation
to that person unless he consents that it should have
effect.

142. Auditor-General

(1) The power to appoint a person to hold or act in the
office of Auditor-General shall vest in the King,
acting in accordance with the advice of the Prime
Minister.

(2) If the office of Auditor-General is vacant or if
the Auditor-General is for any reason unable to
exercise the functions of his office, a person may be
appointed to act as Auditor-General, and any person so
appointed shall, subject to the provisions of
subsections (3), (5) and (7), continue to act until a
person has been appointed to the office of Auditor-
General and has assumed the functions of that office
or, as the case may be, until the person in whose place
he is acting has resumed those functions.

(3) Subject to the provisions of subsection (5), the
Auditor-General shall vacate his office when he attains
the prescribed age.

(4) A person holding the office of Auditor-General may
be removed from office only for inability to exercise
the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for
misbehaviour and shall not be so removed except in
accordance with the provisions of this section.

(5) The Auditor-General shall be removed from office by
the King if the question of his removal from office has
been referred to a tribunal appointed under subsection
(6) and the tribunal has recommended to the King that
he ought to be removed for inability as aforesaid or
for misbehaviour.

(6) If the Prime Minister represents to the King that
the question of removing the Auditor-General under this
section ought to be investigated, then—

(a) the King shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members, selected by the Chief Justice from among
persons who hold or have held high judicial office; and

(b) the tribunal shall enquire into the matter and
report on the facts thereof to the King and recommend
to him whether the Auditor-General ought to be removed
under this section.

(7) If the question of removing the Auditor-General has
been referred to a tribunal under this section, the
King, acting in accordance with the advice of the Prime
Minister, may suspend the Auditor-General from the
exercise of the functions of his office and any such
suspension may at any time be revoked by the King,
acting in accordance with such advice as aforesaid, and
shall in any case cease to have effect if the tribunal
recommends to the King that the Auditor-General should
not be removed.

(8) The prescribed age for the purposes of subsection
(3) is the age of fifty-five years or such other age as
may be prescribed by Parliament:

Provided that an Act of Parliament to the extent to
which it alters the prescribed age after the
appointment of a person to be or to act as Auditor-
General, shall not have effect in relation to that
person unless he consents that it should have effect.

143. Principal representatives of Lesotho abroad

(1) The power to appoint persons to hold or act in
offices to which this section applies and to remove
from office persons holding or acting in such offices
shall vest in the King, acting in accordance with the
advice of the Prime Minister.

(2) Before tendering advice for the purposes of this
section in relation to any person who holds any office
in the public service, other than an office to which

this section applies, the Prime Minister shall consult
the Public Service Commission.

(3) The offices to which this section applies are the
offices of Ambassador, High Commissioner or other
principal representative of Lesotho in any other
country.

144. Teaching Service

(1) There shall be a Teaching Service, the functions of
which shall be as prescribed by an Act of Parliament.

(2) There shall be a Teaching Service Commission, the
composition, powers, duties and procedure of which
shall be as prescribed by an Act of Parliament.

145. Defence Commission

(1) There shall be a Defence Commission which shall
consist of:

(a) the Prime Minister as Chairman;

(b) the Commander of the Defence Force;

(c) the Commissioner of Police;

(d) the Director of the National Security Service;

(e) the Assistant Commissioner of Police;

(f) the Deputy Director of the National Security
Service; and

(g) the Deputy Commander of the Defence Force.

(2) The Commission shall be responsible for the
appointment, discipline and removal of members of the

Defence Force, members of the Police Force and members
of the Prison Service.

(3) For the purposes of appointment or removal from
office of a member of the Defence Commission other than
the Prime Minister, the member concerned shall not take
part in the respective deliberations of the Defence
Commission.

(4) The Commission may by regulation or otherwise
regulate its own procedure and may delegate any of its
functions sunder subsection (2) to any public officer.

(5) The Commission may, subject to its rules or
procedure, act notwithstanding any vacancy in its
membership (except in relation to the chairman) or the
absence of any member (except the Chairman), and its
proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present
at or to participate in those proceedings:

Provided that any decision of the Commission shall
require the concurrence of a majority of all the
members present and voting.

146. Defence Force

(1) There shall be a Defence Force for the maintenance
of internal security and the defence of Lesotho.

(2) The command of the Defence Force shall be vested in
the Commander and, subject to any direction of the
Defence Commission, the Commander shall be responsible
for the administration and discipline of the Defence
Force.

(3) The power to appoint a person to hold or act in the
office of Commander of the Defence Force and the power

to remove him from that office shall vest in the
Defence Commission.

147. Police Force

(1) There shall be a Police Force for Lesotho that
shall be responsible for the maintenance of law and
order in Lesotho and shall have such other functions as
may be prescribed by an Act of Parliament.

(2) The command of the Police Force shall be vested in
the Commissioner of Police and, subject to any
direction of the Defence Commission, the Commissioner
shall be responsible for the administration and
discipline of the Police Force.

(3) The power to appoint a person to hold or act in the
office of Commissioner of Police and the power to
remove him from that office shall vest in the Defence
Commission.

148. National Security Service

(1) There shall be a National Security Service that
shall be responsible for the protection of national
security.

(2) The Command of the National Security Service shall
be vested in the Director of the National Security
Service who shall be responsible for the administration
and discipline of the National Security Service.

(3) The power to appoint a person to hold or act in the
office of Director of the National Security Service and
the power to remove him from that office shall vest in
the Prime Minister.

149. Prison Service

(1) There shall be a Prison Service that shall be
responsible for the administration of prisons in
Lesotho.

(2) The superintendence of the Prison Service shall be
vested in the Director of Prisons and, subject to any
direction of the Defence Commission, the Director of
Prisons shall be responsible for the administration and
discipline of the Prison Service.

(3) The power to appoint a person to hold or act in the
office of Director of Prisons and the power to remove
that person from that office shall vest in the Defence
Commission.

150. Pensions laws and protection of pension rights

(1) The law to be applied with respect to any pensions
benefits that were granted to any person before the
coming into operation of this Constitution shall be the
law that was in force at the date on which those
benefits were granted or any law in force at a later
date that is not less favourable to that person.

(2) The law to be applied with respect to any pensions
benefits (not being benefits to which subsection (1)
applies) shall—

(a) in so far as those benefits are wholly in respect
of a period of service as a public officer that
commenced before the date on which this Constitution
came into operation, be the law that was in force
immediately before that date; and

(b) in so far as those benefits are wholly or partly in
respect of a period of service as a public officer that
commenced after the date on which this Constitution
came into operation, be the law in force on the date on
which that period of service commenced,

or be any law in force at a later date that is not less
favourable to that person.

(3) Where a person is entitled to exercise an option as
to which of two or more laws shall apply in his case,
the law for which he opts shall, for the purposes of
this section, be deemed to be more favourable to him
than the other law or laws.

(4) All pensions benefits shall be a charge on the
Consolidated Fund.

(5) In this section “pensions benefits” means any
pensions, compensation, gratuities or other like
allowances for persons in respect of their service as
public officers or for the widows, children, dependants
or personal representatives of such persons in respect
of such service.

(6) References in this section to the law with respect
to pensions benefits include (without prejudice to
their generality) references to the law regulating the
circumstances in which any such benefits that have been
granted may be withheld, reduced in amount or suspended
and the law regulating the amount of any such benefits.

151. Power to withhold pensions, etc.

(1) Where under any law any person or authority has a
discretion—

(a) to decide whether or not any pensions benefits
shall be granted; or

(b) to withhold, reduce in amount or suspend any such
benefits that have been granted,

those benefits shall be granted and may not be
withheld, reduced in amount or suspended unless the
Public Service Commission concurs in the refusal to
grant the benefits or, as the case may be, in the
decision to withhold them, reduce them in amount or
suspend them.

(2) Where the amount of any pensions benefits that may
be granted to any person is not fixed by law, the
amount of the benefits to be granted to him shall be
the greatest amount for which he is eligible unless the
Public Service Commission concurs in his being granted
benefits of a smaller amount.

(3) The Public Service Commission shall not concur
under subsection (1) or (2) in any action taken on the
ground that any person who holds or has held the office
of judge of the Court of Appeal, judge of the High
Court, Attorney-General, Director of Public
Prosecutions, Chief Electoral Officer, Auditor-General
or Ombudsman has been guilty of misbehaviour in that
office unless he has been removed from that office by
reason of such misbehaviour.

(4) Before the Public Service Commission concurs under
subsection (1) or (2) in any action taken on the ground
that any person who holds or has held any office to
which, at the time of such action, section 133 of this
Constitution applies has been guilty of misbehaviour in
that office, the Public Service Commission shall
consult the Judicial Service Commission.

(5) In this section “pensions benefits” means any
pensions, compensation, gratuities or other like
allowances for persons in respect of their service as
public officers or for the widows, children, dependants
or personal representatives of such persons in respect
of such service.

CHAPTER XIV
MISCELLANEOUS

152. Resignations

(1) Any person who is appointed, elected or otherwise
selected to any office established by this Constitution
or any office of Minister or Assistant Minister
established under this Constitution may resign from
that office by writing under his hand addressed to the
person or authority by whom he was appointed, elected
or otherwise selected:

Provided that—

(a) the resignation of a person from the office of
President or Speaker or Vice-President or Deputy
Speaker of either House of Parliament shall be
addressed to that House; and

(b) the resignation of any person from the office of
member of either House of Parliament shall be addressed
to the President or Speaker of that House.

(2) The resignation of any person from any such office
as aforesaid shall take effect when the writing
signifying the resignation is received by the person or
authority to whom it is addressed or any person
authorised by that person or authority to receive it.

153. Re-appointments and concurrent appointments

(1) Where any person has vacated any office established
by this Constitution or any office of Minister or
Assistant Minister established under this Constitution,
he may, if qualified, again be appointed, elected or
otherwise selected to hold that office in accordance
with the provisions of this Constitution.

(2) Where this Constitution vests in any person or
authority the power to make any appointment to any
office, a person may be appointed to that office,
notwithstanding that some other person may be holding
that office, when that other person is on leave of
absence pending the relinquishment of the office; and
where two or more persons are holding the same office
by reason of an appointment made in pursuance of this
subsection, then, for the purposes of any functions
conferred upon the holder of that office, the person
last appointed shall be deemed to be the sole holder of
the office.

154. Interpretation

(1) In this Constitution, unless the context otherwise
requires:

“Chief” does not include the King but includes
Principal Chief, and Headman and any other chief whose
office is recognised by section 103(1) of this
Constitution, and references to a Chief are references
to the person who, under the law for the time being in
force in that behalf, is recognised as entitled to
exercise the functions of the office of that Chief;

“Commonwealth” means Lesotho and any country recognised
by the Commonwealth Secretariat situated in London as a
member of the Commonwealth and any dependency of any
such country;

“court-martial” means any court-martial established by
Parliament under section 127 of this Constitution;

“customary law” means the customary law of Lesotho for
the time being in force subject to any modification or
other provision made in respect thereof by any Act of
Parliament;

“financial year” means the period of twelve months
ending on 31st March in any year or on such other day
as Parliament may prescribe;

“high judicial office” means the office of a judge of a
court of unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or in any
country outside the Commonwealth that may be prescribed
by Parliament or the office of a judge of a court
having jurisdiction in appeals from such a court;

“Gazette” means the Lesotho Government Gazette;

“law includes—

(i) any instrument having the force of law made in
exercise of a power conferred by a law; and

(ii) the customary law of Lesotho and any other
unwritten rule of law,

and “lawful” and “lawfully” shall be construed
accordingly;

“local authority” means a person or body of persons
established by law, responsible for the administration
of local government or of local affairs, and shall
include a chief;

“oath” includes affirmation;

“oath of allegiance” means the oath of allegiance set
out in Schedule 3 to this Constitution or such other
oath as may be prescribed by Parliament;

“Principal Chief” means a chief whose office is among
those set out in Schedule 2 to this Constitution;

“public office” means any office of emolument in the
public service;

“public officer” means a person holding or acting in
any public office;

“public service” means, subject to the provisions of
this section, the service of the King in respect of the
government of Lesotho;

“session” means the period beginning when the two
Houses of Parliament first meet after the coming into
operation of this Constitution or after Parliament has
at any time been prorogued or dissolved and ending when
Parliament is prorogued or when Parliament is dissolved
without having been prorogued;

“sitting” means, in relation to a House of Parliament,
the period during which that House is sitting
continuously without adjournment and includes any
period during which it is in committee;

“subordinate court” means any court of law established
for Lesotho other than—

(a) the Court of Appeal;

(b) the High Court;

(c) a court-martial; and

(d) a tribunal exercising a judicial function.

(2) Unless otherwise indicated, any reference in this
Constitution to—

(a) a section, Chapter or Schedule shall be read and
construed as a reference to a section or Chapter of or
Schedule to this Constitution;

(b) a subsection shall be read and construed as a
reference to a subsection of the section in which the
reference is made;

(c) a paragraph shall be read and construed as a
reference to a paragraph of the Schedule, subsection or
definition in which the reference is made.

(3) In this Constitution, unless the context otherwise
requires, references to an office in the public service
shall be construed as including references to the
office of a judge of Court of Appeal, of a Judge of the
High Court and the office of a member of any
subordinate court or tribunal (being an office the
emoluments attaching to which, or any part of the
emoluments attaching to which, are paid directly out of
the monies provided by Parliament) but shall not be
construed as including references to the office of
assessor in any court.

(4) In this Constitution references to a public office
shall not be construed as including—

(a) references to the office of King, the Regent, the
President or Speaker or the Vice-President or Deputy
Speaker of either House of Parliament, the Prime
Minister or any other Minister, an Assistant Minister
or a member of either House of Parliament; or

(b) references to the office of a member of the Public
Service Commission or the Judicial Service Commission,
a member of the Council of State, a Chief or a member
of the College of Chiefs; or

(c) save in so far as may be provided by Parliament,
references to the office of a member of any other
council, board, panel, committee or other similar body

(whether incorporated or not) established by or under
any law.

(5) In this Constitution unless the context otherwise
requires,

(a) words and expressions importing the masculine
gender include the feminine;

(b) words and expressions in the singular include the
plural and words and expressions in the plural include
the singular;

(c) where a period of time is expressed—

(i) to begin on or to be reckoned from a particular
day, that day shall not be included in the period;

(ii) to end or to be reckoned to a particular day, that
day shall be included in the period;

(d) where the time limited for the doing of any thing
expires or falls upon a Saturday, Sunday or public
holiday the time so limited shall extend to and the
thing may be done on the first following day that is
not a Saturday, Sunday or public holiday.

155. Construction of Constitution

(1) For the purposes of this Constitution, a person
shall not be regarded as holding an office by reason
only of the fact that he is in receipt of a pension or
other like allowance.

(2) In this Constitution, unless the context otherwise
requires, a reference to the holder of an office by the
term designating his office shall be construed as
including, to the extent of his authority, a reference

to any person for the time being authorised to exercise
the functions of that office.

(3) Except in the case where this Constitution provides
for the holder of any office thereunder to be such
person holding or acting in any other office as may for
the time being be designated in that behalf by some
specified person or authority, no person may, without
his consent, be nominated for election to any such
office or be appointed to or act therein or otherwise
be selected therefor.

(4) References in this Constitution to the power to
remove a public officer from his office shall be
construed as including references to any power
conferred by any law to require or permit that officer
to retire from the public service:

Provided that—

(a) nothing in this subsection shall be construed as
conferring on any person or authority the power to
require a judge of the Court of Appeal or a judge of
the High Court or the Attorney-General or Director of
Public Prosecutions or the Chief Electoral Officer or
the Ombudsman or the Auditor-General to retire from the
public service; and

(b) any power conferred by any law to permit a person
to retire from the public service shall, in the case of
any public officer who may be removed from office by
some person or authority other than a Commission
established by this Constitution, vest in the Public
Service Commission.

(5) Any provision in this Constitution that vests in
any person or authority the power to remove any public
officer from his office shall be without prejudice to
the power of any person or authority to abolish any

office or to any law providing for the compulsory
retirement of public officers generally or any class of
public officers on attaining an age specified by or
under that law.

(6) Where this Constitution vests in any person or
authority the power to appoint any person to act in or
to exercise the functions of any office if the holder
thereof (or any other person having a prior right to
exercise those functions) is himself unable to exercise
those functions, no such appointment shall be called in
question on the ground that the holder of the office
(or that other person) was not unable to exercise those
functions.

(7) No provision of this Constitution that any person
or authority shall not be subject to the direction or
control of any other person or authority in the
exercise of any functions under this Constitution shall
be construed as precluding a court from exercising
jurisdiction in relation to any question whether that
person or authority has exercised those functions in
accordance with this Constitution or any other law.

(8) Where, under any provision of this Constitution,
any person or authority is authorised or required to
exercise any function after consultation with some
other person or authority, the person or authority
first referred to shall not be required to act in
accordance with the advice of the other person or
authority and the question whether such consultation
was made shall not be enquired into in any court.

(9) Any reference in this Constitution to a law made
before the day on which this Constitution came into
operation shall, unless the context otherwise requires,
be construed as a reference to that law as it had
effect immediately before that day.

(10) Any reference in this Constitution to a law that
amends or replaces any other law or any provision of
any other law shall be construed as including a
reference to a law that modifies,
re-enacts, with or without amendment or modification,
suspends, repeals, adds new provisions to or makes
different provision in lieu of that other law or that
provision.

(11) Save as otherwise provided, where under the
provisions of this Constitution a person is required to
take and subscribe an oath, that person shall be
permitted, if he so desires, to comply with that
requirement by taking and subscribing an affirmation.

CHAPTER XV
TRANSITIONAL AND TEMPORARY PROVISIONS

156. Existing law and related matters

(1) Subject to the provisions of this Constitution, the
existing laws shall continue in force and effect on and
after the coming into operation of this Constitution
and shall then have effect as if they had been made in
pursuance of this Constitution, but they shall be
construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to
bring them into conformity with this Constitution.

(2) Where any matter that falls to be prescribed or
otherwise provided for under this Constitution by
Parliament or by any other person or authority is
prescribed or provided for by or under any of the
existing laws (including any amendment to any such law
made under this section), that prescription or
provision shall, as from the coming into operation of
this Constitution, have effect (with such
modifications, adaptations, qualifications and
exceptions as may be necessary to bring it into

conformity with this Constitution) as if it had been
made under this Constitution by Parliament or, as the
case may be, by the other person or authority.

(3) The King, acting in accordance with the advice of
the Minister responsible for legal affairs, may by
regulations made at any time within one year of the
coming into operation of this Constitution make such
amendments to any existing law as may appear to him to
be necessary or expedient for bringing that law into
conformity with the provisions of this Constitution or
otherwise for giving effect or enabling effect to be
given to those provisions.

(4) The provisions of this section shall be without
prejudice to any powers conferred by this Constitution
or by any other law upon any person or authority to
make provision for any matter, including the amendment
or repeal of any existing law, and regulations made
under this section may be amended or revoked by
Parliament or, in relation to any of the existing laws
affected thereby, by any other authority having power
to amend, repeal or revoke that existing law.

(5) In this Chapter, “existing law” means any law or
instrument having force and effect as part of the law
of Lesotho immediately before the coming into operation
of this Constitution (and includes any such law or
instrument made before that day and promulgated or
otherwise coming into operation on or after that day),
but does not include any such law or instrument which
is repealed, by this Constitution or otherwise, on the
coming into operation of this Constitution.

157. The King and the Regent

(1) The person holding the office of King under the
Office of King Order 1990 immediately before the coming
into operation of this Constitution shall, subject to

the provisions of this Constitution, continue to hold
that office and shall take and subscribe the oath for
the due execution of his office which is set out in
Schedule 1 to this Constitution.

(2) A person holding the office of Regent under the
Office of King Order 1990 immediately before the coming
into operation of this Constitution shall, subject to
the provisions of this Constitution, continue to hold
that office and shall take and subscribe the oath for
the due execution of his office which is set out in
Schedule 1 to this Constitution.

158. Prime Minister

On the coming into operation of this Constitution, the
person who is appointed Prime Minister Designate in
accordance with section 4 of the Lesotho Constitution
(Commencement) Order 1993 shall, notwithstanding
section 87(2), be deemed to have been appointed Prime
Minister under section 87 of this Constitution, and
shall take and subscribe the oath provided for by
section 94.

159. The Assembly

(1) On the coming into operation of this Constitution,
the members of the National Assembly elected in the
general election held under the National Assembly
Election Order 1992 shall become members of the
National Assembly established by this Constitution—

(2) Notwithstanding sections 56, 67 and 74(2) of this
Constitution, until the first dissolution of the
National Assembly following the coming into operation
of this Constitution,

(a) Lesotho shall be divided into 65 constituencies as
provided by the National Assembly Election Order 1992;

(b) the National Assembly shall consist of 65 members;
and

(c) the quorum of the National Assembly shall be
sixteen members.

(3) Notwithstanding section 67(3), the Constituency
Delimitation Commission shall review the boundaries of
the constituencies into which Lesotho is divided as
soon as practicable following the coming into operation
of this Constitution, in order to give effect to the
provisions of section 67.

160. Rules of Procedure of Parliament

Until rules are made by the Senate and National
Assembly under section 81 of this Constitution, the
rules made by the Senate and National Assembly under
section 66 of the Independence Constitution of 1966
shall have effect to regulate the procedure of
Parliament.

161. High Court

(1) The High Court of Lesotho in existence immediately
before the day on which this Constitution comes into
operation shall, as from that day, be the High Court
for the purposes of this Constitution, and any
proceedings pending before the High Court of Lesotho
immediately before that day may be continued before the
High Court of Lesotho as hereby constituted and any
judgement or order of the former High Court given, but
not satisfied, before that day may be enforced
accordingly.

(2) The provisions of section 163 of this Constitution
shall apply in relation to the offices of Chief Justice
and judge of the High Court, and any person who, by

virtue of the provisions of this subsection, hold or
acts in any such office as from the coming into
operation of this Constitution shall be deemed to have
taken and subscribed any necessary oath under this
Constitution.

162. Court of Appeal

(1) The Court of Appeal for Lesotho in existence
immediately before the day on which this Constitution
comes into operation shall, as from that day, be the
Court of Appeal for the purposes of this Constitution
and any proceedings pending before the Court of Appeal
for Lesotho immediately before that day may be
continued before the Court of Appeal as hereby
constituted and any judgement or order of the former
Court of Appeal given, but not satisfied, before that
day may be enforced accordingly.

(2) The provisions of section 163 of this Constitution
shall apply in relation to the Offices of President and
Justices of Appeal of the Court of Appeal and any
person who, by virtue of the provisions of this
subsection, holds or acts in any such office as from
the coming into operation of this Constitution shall be
deemed to have taken and subscribed any necessary oath
under the Constitution.

163. Existing public officers

(1) Subject to subsection (2), every person who
immediately before the day on which this Constitution
comes into operation holds or is acting in an office
shall, as from that day, hold or act in that office or
the corresponding office established by this
Constitution as if he had been appointed to do so in
accordance with the provisions of the Constitution:

Provided that any person who under any existing law
would have been required to vacate his office at the
expiration of any period shall vacate his office at the
expiration of that period.

(2) The provisions of this section do not apply to a
person who held or acted in any office established by a
law repealed, by this Constitution or otherwise, on the
coming into operation of this Constitution.

164. Salaries charged on the Consolidated Fund

(1) Where under any existing law or any arrangements in
force immediately before the coming into operation of
this Constitution, provision is made for the salary and
allowances of any person to whom section 163 applies
and whose office is specified in section 115(5) such
salary and allowances shall, until Parliament makes
further provision in that regard, be a charge on the
Consolidated Fund.

(2) The Minister responsible for finance may, by
regulations, prescribe the salaries and allowances of
the offices specified in section 115(5) other than
those of a person to whom subsection (1) of this
section applies, and such salaries and allowances
shall, until Parliament makes further provision in that
regard, be a charge on the Consolidated Fund.

165. Declaration of public emergency

If, immediately before the coming into operation of
this Constitution, a declaration of emergency made
under section 3 of the Emergency Powers Order 1988 is
in force, such declaration shall be deemed to be a
declaration of a state of emergency made on the date on
which this Constitution comes into operation and the
provisions of section 23 shall apply accordingly.

166. Repeals

The following enactments are hereby repealed—

(a) Part II of the Lesotho Citizenship Order 1971;

(b) the Human Rights Act 1983;

(c) Sections 8 to 12 (inclusive), 15 and 24 of the
Finance Order 1988;

(d) the Judicial Service Commission Act 1983.

(Section 51)

SCHEDULE 1
OATH OF OFFICE OF KING OR REGENT

In the presence of Almighty God and in the full
realisation of the responsibilities and duties of the
high office of King (Regent) and of the binding nature
and binding force of this Oath, I,
do swear that I will obey and observe the provisions of
the Constitution and all other laws of Lesotho, that I
will discharge my duties in such manner as to preserve
the character of the monarchy as a symbol of the unity
of the Basotho Nation, and that I will accordingly
abstain from involving the monarchy in any way in
politics, or with any political party or group.

SO HELP ME GOD.

Sworn before me at on this
the day of

(Section 103(1))

SCHEDULE 2
PRINCIPAL CHIEFS

The Principal Chief of Botha-Bothe

The Principal Chief of Makhoakhoeng

The Principal Chief of Leribe

The Principal Chief of Tsikoane and Kolbere

The Principal Chief of Ha ’M’amathe, Thupa-Kubu,
Tejatejaneng and Jordan

The Principal Chief of Ha Majara

The Principal Chief of Koeneng and Mapoteng

The Principal Chief of Matsieng

The Principal Chief of Ha Ramabanta and Kubake

The Principal Chief of Rothe, Masite, Serooeng,
Lets’eng, Kolo Ha Mohlalefi and Thaba-Tseka Ha Ntaote

The Principal Chief of Thaba-Bosiu

The Principal Chief of Ha Maama

The Principal Chief of Tebang, Ts’akholo and Ha Seleso

The Principal Chief of Tajane, Ha Ramoetsana and Ha
Mohale

The Principal Chief of Matelile

The Principal Chief of Likhoele

The Principal Chief of Phamong

The Principal Chief of Taung

The Principal Chief of Quthing

The Principal Chief of Qacha’s Nek

The Principal Chief of Mokhotlong

The Principal Chief of Malingoaneng

(Section 154)

SCHEDULE 3
OATH OR AFFIRMATION OF ALLEGIANCE

I, do swear (or solemnly affirm)
that I will be faithful and bear true allegiance to
King , his heirs and successors, according to
this Constitution and the laws of Lesotho.

So help me God. [To be omitted in affirmation]

NOTE

[1] The Revised Draft of a Constitution for Lesotho was
published as Government Notice No. 12 of 1993 on 5
February 1993. That revised draft was then amended by
Government Notice No. 28 of 1993, published on 27 March
1993. By virtue of section 5 of the Lesotho
Constitution (Commencement) Order, 1993 (Order No. 5 of
1993) as amended by the Lesotho Constitution
(Commencement) (Amendment) Order, 1993 (Order No. 16 of
1993) the draft constitution came into operation as The
Constitution of Lesotho on 2 April 1993, following the
appointment on 1 April 1993 of a Prime Minister
Designate.

LESOTHO
1993-1999

In our previous publication of January 1993, the late
Robert J. Kukubo analyzed the complex political
situation in Lesotho. Since that time, several
significant developments have taken place which are
briefly noted here.

The Lesotho Constitution (Commencement) Order 1993 was
published on March 16, 1993 as Order No. 5 of 1993. The
new Constitution of Lesotho came into effect on April
2, 1993. It consists of 15 Chapters and 166 Sections.
It is followed by three schedules.

The Constitution did not call for drastic changes in
the existing power structure. It provided that “the
person holding the office of King” shall continue in
office under the Office of King Order of 1990.

Likewise, the Prime Minister Designate “appointed in
accordance with Section 4 of the Lesotho Constitution
(Commencement) Order 1993 shall, notwithstanding
Section 87(2), be deemed to have been appointed Prime
Minister under Section 87 of this Constitution, and
shall take and subscribe the oath provided for by
Section 94.” With respect to existing laws as stated in
Chapter XV, “they shall be construed with such
modifications, adaptations, qualifications and
exceptions as may be necessary to bring them into
conformity with this Constitution.” But this seems to
apply only to existing legislation rather than
customary law. Thus, the status of women which is based
largely on customary law is not likely to change
rapidly.

Section 87(2) provides that, “the King shall appoint as
Prime Minister the member of the National Assembly who
appears to the Council of State to be the leader of the

political party or coalition of political parties that
will command the support of a majority of the members
of the National Assembly; provided that if occasion
arises for making an appointment to the office of Prime
Minister while Parliament stands dissolved, a person
who was a member of the National Assembly immediately
before the dissolution may be appointed to the office
of Prime Minister.” As stated in Section 159, the
members of the National Assembly who were elected under
the National Assembly Election Order 1992 shall become
members of the National Assembly established by this
Constitution.

In 1995 King Moshoeshoe II was reinstated as King, but
he died on January 15, 1996. There was no suspicion of
foul play and the late King’s wife, Queen Mamohato,
assumed the largely ceremonial powers of Regent. The
Traditional College of Chiefs were called upon to
choose the new King. They decided on his older son,
Crown Prince David Mohato, who as King Letsie III was
again sworn in to succeed his father. A formal
coronation of King Letsie III was performed on October
31, 1997.

On April 22, 1997, the National Assembly passed
legislation which lowered the voting age from 21 to 18.

The High Court ruled that the National Executive
Committee of the Basotho Congress Party had no right to
remove the Prime Minister Ntsu Mokhehle from his
leadership position. The attempt to remove the Prime
Minister on the grounds of incapacity do to advanced
age (79) produced a political crisis which continued
for several months. It ended with his resignation on
January 31, 1998. However, he continued in his capacity
as Prime Minister. He advised King Letsie III to call a
general election. The King dissolved the National
Assembly on February 27, 1998.

Elections were scheduled for May 23, 1998. Opinion was
divided on the fairness of the elections which gave the
Lesotho Congress for Democracy 60.72% of the vote and
entitled it to 78 of the 80 seats in the National
Assembly. On May 29th, Bethuel Pakalitha Mosisili, the
leader of the LCD, was sworn in as Prime Minister.

In August there were renewed protests over the election
results and the Prime Minister appointed a group of
experts from South Africa, Botswana and Zimbabwe, known
as the Langa Commission, to investigate the claims of
electoral fraud. On August 26th, the group recommended
a recount. But the protest did not end, and on
September 22nd Prime Minister Mosisili called for an
intervention by South African troops; but they were
unable to restore order. On September 29, 1998, King
Letsie III and President Mandela met in Cape Town to
find a solution.

A peace agreement was hammered out in early October. It
called for the creation of a temporary or transitional
entity. The required legislation was introduced in the
National Assembly on October 28, 1998. As part of the
peace process, an interim authority was formed on
December 9, 1998 consisting of 24 members who were to
represent from all parties. Its immediate task was to
create conditions which would make it possible to
conduct free and fair elections
_______________________________________________________
____________________

LESOTHO

Government Gazette

EXTRAORDINARY

Vol. XXXVIII Tuesday—16th March, 1993 No. 35

CONTENTS

ORDER

No.
5 The Lesotho Constitution (Commencement) Order, 1993

Order No. 5 of 1993

ORDER NO. 5 OF 1993

The Lesotho Constitution (Commencement) Order, 1993

(Commencement: Publication date)

WHEREAS the National Constituent Assembly Order 1990
established a National Constituent Assembly to consider
and make recommendations regarding a suitable
constitution for Lesotho;

AND WHEREAS following extensive deliberations, that
Assembly prepared a draft constitution which made major
changes to the Lesotho Independence Constitution of
1966 and recommended the establishment of a National
Constitutional Commission to seek the views of the
people of Lesotho on that draft constitution;

AND WHEREAS that Commission carried out widespread
consultation of the people of Lesotho regarding that
draft constitution and followng that consultation and
noting a consensus among the people of Lesotho for the
proposals in the draft constitution, produced a report
making recommendations for a Constitution for Lesotho;

AND WHEREAS that Assembly adopted the report of the
Commission and resolved that the draft constitution be
revised to take into account the recommendations of the
National Constitutional Commission and such other
matters as may appear necessary or desirable; and a

revised draft of a constituion providing for a
democratically elected National Assembly and the
protection of fundamental rights and freedom has been
published in an Extra-ordinary Gazette on the fifth day
of February, 1993.

AND WHEREAS pursuant to the National Assembly Election
Order, 1992 the people of Lesotho will vote in
democratic elections for a National Assembly of 65
members as a preliminary step to bringing into
operation such a Constitution;

NOW THEREFORE this law is enacted to make further
necessary arrangements to bring into operation the
Constitution published as aforesaid establishing a
democratically elected Assembly and to devolve power to
a democratically elected government:

ENACTED BY THE MILITARY COUNCIL

1. Short title

This Order may be cited as the Lesotho Constitution
(Commencement) Order, 1993 and shall come into
operation on the date of publication in the Gazette.

2. Definitions

In this Order, “Chief Electoral Officer”, “general
election”, “National Assembly” and “political
organisation” have the meanings respectively ascribed
to them in the National Assembly Election Order, 1992.

3. Certifation to the Military Council of results of
election to National Assembly

In addition to the duties imposed upon the Chief
Electoral Officer by section 93 of the National
Assembly Election Order 1992, the Chief Electoral

Officer shall, as soon as he knows the names of the
persons who have been returned as members of the
National Assembly at the first general election held
under that Order, certify to the Military Council the
full names, addresses and occupations of those members
together with the name of their constituencies and the
political organisation, if any, by which they were
endorsed as stated on the relevant nomination paper.

4. Appointment of Prime Minister Designate

(1) The Military Council shall, as soon as may be,
determine which of the members of the National Assembly
so certified to it is the leader of the political
organisation or coalition of political organisations
that will command the support of the majority of the
members of the National Assembly, and shall appoint
that person to be Prime Minister Designate.

(2) The Military Council shall give notice in the
Gazette of the appointment of the Prime Minister
Designate and the date thereof.

(3) The appointment of a Prime Minister Designate by
the Military Council under this section may not be
appealed against or questioned in any court.

5. Commencement of Constitution and repeals

On the day following the appointment of a Prime
Minister Designate in accordance with this Order—

(a) the Constitution, a draft of which was published in
the Gazette on the 5th day of February 1993, shall come
into operation as the Constitution of Lesotho;

(b) the laws set out in the Schedule to this Order are
repealed.

6. Immunity of members of the Military Council and
other persons

(1) Any person who, immediately before the day referred
to in section 5, was a member of the Military Council
established under the National Constituent Assembly
Order, 1990, shall be entitled to—

(a) immunity from suit and legal process in any civil
cause; and

(b) immunity from criminal proceedings,

in respect of all things done or omitted to be done by
that person in good faith in his official capacity as a
member of the Military Council.

(2) Any person who immediately before the day referred
to in section 5 was—

(a) a member of the Royal Lesotho Defence Force; or

(b) a member of the Royal Lesotho Mounted Police; or

(c) a member of the National Security Service; or

(d) a member of the Prison Service,

shall be entitled to immunity from suit and legal
process in any civil cause and immunity from criminal
proceedings, in respect of all things done or omitted
to be done by that person in good faith in his official
capacity as such a member during the period 30 April
1991 until the commencement of this Order.

(section 5 (b))

THE SCHEDULE

The National Constituent Assembly Order, 1990 (Order 4
of 1990)

The Office of King Order, 1990 (Order 14 of 1990)

The Lesotho Order, 1991 (Order 10 of 1991)

Given under my hand at Maseru this 10th day of March,
1993.

E. P. Ramaema,
Chairman of the Military Council and Council of
Ministers.

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————————-

LESOTHO

Government Gazette

EXTRAORDINARY

Vol. XXXVIII Saturday—27th March, 1993 No. 43

CONTENTS

No.
ORDER
16 The Lesotho Constitution (Commencement) (Amendment)
Order, 1993
GOVERNMENT NOTICE
28 Amendment of the Revised Draft Constitution for
Lesotho Notice, 1993

Order No. 16 of 1993
and

Government Notice No. 28 of 1993

ORDER NO. 16 OF 1993

The Lesotho Constitution (Commencement) (Amendment)
Order, 1993

To amend the Lesotho Constitution (Commencement) Order,
1993[1]

Enacted by the Military Council

Short title and commencement

1. This Order may be cited as the Lesotho Constitution
(Commencement) (Amendment) Order 1993 and shall come
into operation on the date of publication in the
Gazette.

Preamble

2. The Principal Order is amended in the fourth
paragraph of the preamble by omitting the words
“published in an Extra-ordinary Gazette on the fifth
day of February, 1993” and substituting “published as
Government Notice No. 12 of 1993 on the fifth day of
February 1993 and amended by Government Notice No. 28
of 1993”.

Commencement of Constitution

3. Section 5 of the Principal Order is amended by
omitting paragraph (a) and substituting the following
paragraph:

“(a) the Constitution, a draft of which was published
as Government Notice No. 12 of 1993 on the 5th day of
February, 1993 and was amended by Government Notice No.

28 of 1993, shall come into operation as the
Constitution of Lesotho;”.

Given under my hand at Maseru this 25th day of March,
1993.

Chairman of the Military Council and Council of
Ministers.
Elias Phisoana Ramaema,

GOVERNMENT NOTICE NO. 28 OF 1993

Amendment of the Revised Draft Constitution for Lesotho
Notice

WHEREAS a Revised Draft Constitution was published as
Government Notice No. 12 of 1993 on 5 February, 1993;

AND WHEREAS by operation of the Lesotho Constitution
(Commencement) Order, 1993 (Order No. 5 of 1993) that
Draft Constitution will come into operation as the
Constitution of Lesotho following the swearing in of a
Prime Minister Designate, following the election of
members to the National Assembly;

AND WHEREAS following doubts raised by the community
about provisions of the Draft Constitution it is
necessary to amend provisions of that Draft
Constitution;

NOW THEREFORE this notice amends Government Notice No.
12 of 1993:

Amendment of Revised Draft Constitution

The Revised Draft Constitution of Lesotho is amended in
section 145 by omitting subsections (4) and (5) and
substituting the following subsections:

“(4) The Commission may by regulation or otherwise
regulate its own procedure and may delegate any of its
functions under subsection (2) to any public officer.

(5) The Commission may, subject to its rules of
procedure, act notwithstanding any vacancy in its
membership (except in relation to the Chairman) or the
absence of any member (except the Chairman) and its
proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present
at or to participate in those proceedings:

Provided that any decision of the Commission shall
require the concurrence of a majority of all the
members present and voting.”.

DATED 25TH MARCH, 1993.

Elias Phisoana Ramaema,
Chairman of the Military Council and Council of
Ministers.

NOTE

[1] Order No. 5 of 1993

_______________________________________________________
___________-
ACT NO. 1 OF 1996
FIRST AMENDMENT TO THE CONSTITUTION ACT 1996
(Official Government Translation)

An Act to amend the Constitution of Lesotho.

Enacted by the Parliament of Lesotho.

Short title

This Act may be cited as the First Amendment to the
Constitution 1996

Repeal and replacement of section 145 of the
Constitution of Lesotho

2. Section 145 of the Constitution of Lesotho,
hereinafter referred to as the “Constitution” is
repealed and the following section substituted—

“Defence Force

145. (1) There shall be a Defence Force for the defence
of Lesotho.

(2) The Prime Minister shall have power to determine
the operational use of the Defence Force.

(3) Subject to the provisions of subsection (2) and any
Act of Parliament, the command of the Defence Force
shall be vested in the Commander of the Defence Force.

(4) The power to appoint a person to hold or act in the
office of the Commander of the Defence Force and the
power to remove him from that office shall vest in the
King, acting on the advice of the Prime Minister, as
may be prescribed by an Act of Parliament.

(5) The person holding the office of the Commander of
the Defence Force on the day immediately preceding the
date of coming into operation of this Act shall, as
from that date, continue to hold such office, under the
same terms and conditions, as if he had been appointed
to do so in accordance with the provisions of this Act:

Provided that any person who under any existing law
would have been required to vacate his office at the

expiration of any period shall vacate his office at the
expiration of that period.

(6) An Act of Parliament shall make provision for the
organisation, administration and discipline of the
Defence Force including the appointment of persons to
offices or ranks in the Defence Force, the removal from
office or reduction in rank, their punishment for
breaches of discipline and the fixing of their
conditions of service.”

Repeal and replacement of section 146 of the
Constitution

3. Section 146 of the Constitution is repealed and the
following substituted—

“Courts-Martial Appeal Court

146. (1) There shall be a Courts-Martial Appeal Court
which shall have such jurisdiction and powers as may be
conferred on it by any other law.

(2) The members of the Courts-Martial Appeal Court
shall consist of-

(a) the President who shall be a judge;

(b) a judge; and

(c) a retired army officer with legal experience.

(3) The Courts-Martial Appeal Court shall be a superior
court of record.

(4) The power of appointing persons to the Court-
Martial Appeal Court shall vest in the Prime Minister
acting in consultation with the Chief Justice.”

Repeal and replacement of section 147 of the
Constitution

4. Section 147 of the Constitution is repealed and the
following section substituted—

“Police Force

147. (1) There shall be a Police Force for Lesotho that
shall be responsible for the maintenance of law and
order in Lesotho.

(2) The command of the Police Force shall be vested in
the Commissioner of Police and, subject to any
direction of the Minister, the Commissioner shall be
responsible for the administration and discipline of
the Police Force.

(3) The power to appoint a person to hold or act in the
office of the Commissioner of Police and the power to
remove him from that office shall vest in the King,
acting on the advice of the Prime Minister, as may be
prescribed by an Act of Parliament.

(4) The person holding the office of the Commissioner
of Police on the day immediately preceding the date of
coming into operation of this Act shall, as from that
date, continue to hold such office, under the same
terms and conditions, as if he had been appointed to do
so in accordance with the provisions of this Act:

Provided that any person who under any existing law
would have been required to vacate his office at the
expiration of any period shall vacate his office at the
expiration of that period.

(5) An Act of Parliament shall make provision for the
organisation, administration and discipline of the
Police Force including the appointment of persons to

offices or ranks in the Police Force, the removal from
office or reduction in rank, their punishment for
breaches of discipline and the fixing of their
conditions of service.”

Repeal and replacement of section 149 of the
Constitution

5. Section 149 of the Constitution is repealed and the
following section substituted—

“Prison Service

149. (1) There shall be a Prison Service that shall be
responsible for the administration of prisons in
Lesotho.

(2) The superintendence of the Prison Service shall be
vested in the Director of Prisons and, subject to any
direction of the Minister, the Director of Prisons
shall be responsible for the administration and
discipline of the Prison Service.

(3) The power to appoint a person to hold or act in the
office of the Director of Prisons and the power to
remove him from that office shall vest in the Prime
Minister, as may be prescribed by an Act of Parliament.

(4) The person holding the office of the Director of
Prisons on the day immediately preceding the date of
coming into operation of this Act shall, as from that
date, continue to hold such office, under the same
terms and conditions, as if he had been appointed to do
so in accordance with the provisions of this Act:

Provided that any person who under any existing law
would have been required to vacate his office at the
expiration of any period shall vacate his office at the
expiration of that period.

(5) An Act of Parliament shall make provision for the
organisation, administration and discipline of the
Prison Service including the appointment of persons to
offices or ranks in the Prison Service, the removal
from office or reduction in rank, their punishment for
breaches of discipline and the fixing of their
conditions of service.”

——————————————————-
————————-

Editor’s Note: This official government translation is
currently under review by the editor.
ACT NO. 5 OF 1998
THIRD AMENDMENT TO THE CONSTITUTION
(Official Government Translation)

An Act to amend the Constitution of Lesotho so as to
provide for the change in name of the Police and in the
title of the head of the National Security Service.

Enacted by the Parliament of Lesotho

Short title and commencement

1. This Act may be cited as the Third Amendment to the
Constitution Act 1997 and shall come into operation on
the date of its publication in the Gazette.

Amendment of section 147 of the Constitution of Lesotho

2. Section 147 of the Constitution of Lesotho,
hereinafter referred to as “the Constitution”, is
amended by deleting “Police Force” wherever it occurs
and substituting “Police Service”.

Amendment of section 148 of the Constitution

3. Section 148 of the Constitution is amended by
deleting “Director of the National Security Service”
wherever it occurs and substituting “Director-General
of the National Security Service”.

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