‘Mantšali Phakoana
Government needs to be vigilant and strike a balance between serving the interests of Basotho and its development partners when it comes to the much-awaited national reforms, political analysts have warned.
The analysts gave their views this week following the Appeal Court order that the King should restrain from giving royal assent to any bill that was unfinished at the dissolution of the 10th parliament on July 14, 2022.
The ruling was made following an appeal made by Media Institute of Southern Africa (MISA) Lesotho chapter chairperson Kananelo Boloetse.
The journalist-cum-activist wanted the court to declare that Standing Order 105B purporting to reinstate by motion or resolution of the bills that were pending before the dissolution of parliament be declared null and void.
He had urged that these violated the mandatory laws making processes and procedures laid down in Section 78 of the Constitution.
The Appeal Court on November, 17, 2023 ruled in Boloetse’s favour.
“His Majesty the King of Lesotho is restrained from giving Royal Assent to any bill that was unfinished at the dissolution of the tenth parliament,” part of the ruling reads.
Analysts interviewed by theReporter this week welcomed the court ruling saying it has now given the government a clear direction to take in implementing the national reforms.
They noted that although this might lead to delays and thereby increase Lesotho’s chances of losing out on development aid, it was necessary.
A lecturer in the department of political and administrative studies at the National University of Lesotho (NUL), Dr Moeketsi Kali, advised the government to strike an equilibrium between the promises made to Basotho by political leaders during campaigning for the October 7 2022 general elections and accelerating the reforms to attract foreign development aid.
The government has to implement the reforms before it can access a US$300 United States Millennium Challenge Corporation (MCC) compact II to be signed by March 31, 2024,
Dr Kali said the government is expected to restart the process of deliberating on the Omnibus Bill and not restart the bill from scratch.
He noted that the government must go back to the Omnibus Bill draft submitted and deliberated by the 10th parliament.
“They can repeal or take the bill as it is or segregate it into three components; in terms of Sections or clauses that require simple majority, two thirds or referendum,” Kali explained.
This will enable government to easily deal with those that need to be passed with simple majority first, then follow that sequence.
Prime minister Sam Matekane’s government has often indicated that it prefers to go this route in implementing the reforms.
Kali added that the other option is for the government to go back to the plenary reports and make amends, considering sections or clauses which the public believed have been omitted in the Omnibus bill before submitting to parliament. It is rational for government to consider such concerns and do the right by the public, he said.
Kali pointed out that the last option is time consuming, but beneficial to Basotho. He cited: “The government must be aware of the merits and demerits of taking each option while dealing with the reforms process.
“It should not overlook the fact that reforms are for Basotho and not for the development partners. The focus should be about pleasing the populist citizens.
“I believe whatever pleases the populist citizens must be pursued at all costs, even if it is time consuming. It’s not about pursuing funds from development partners, it is about what must be done for the people,” Kali noted.
He further stated that political commitment from both government and opposition would help the country gain and maintain trust from development partners.
He added the country has not made any progress in implementing the reforms because of lack of political commitment by previous governments.
The current government had also contributed to this, due to lack of expertise and partly lack of commitment.
The lack of commitment by the previous government, he said, was evidenced by the leader of opposition in parliament, Mathibeli Mokhothu who at some point had to be recalled from political party campaigns to attend debates on the reforms.
He further stated that there were windows of opportunities for the current government to work on the sections or clauses that require a single majority and pass them, but it did not.
“Instead, they wanted to work on the whole amendment, that is why they failed,” he added
For his part, Mokhothu has accused the government of lack of commitment in the passing the reforms.
He said the government had failed to allocate funds in the national 2023/24 budget announced in February this year and the mid-term budget this month.
Another political analyst, Mohlomi Serobanyane suggested that the government should first call a stakeholders’ meeting to deliberate on the way forward.
He said it would be in the interest of everyone to begin the journey by engaging all stakeholders so that in the future, no one blames anyone.
“Every Mosotho needs to feel included in the reforms process. We have sectors representing the nation, it is their time to sit down and strategies a way forward. The reforms are not for government so it would only be fair that we as a nation support them, let us not put all the burden to government,” he noted.
Serobanyane also indicated that it was imperative for the government and opposition to show interest and work together on the reforms.
“Failure to do so, the country will be singing the same song in the next five years.
“They should not forget that their positions are in the hands of the citizens; therefore, it is now time to fulfil their promises to prioritise the reforms. This responsibility is non-negotiable,” Serobanyane stressed.
Former minister of law and constitutional affairs, Lekhetho Rakuoane said it was now upon the government to urgently move to implement the reforms.
He said the mandate is now clear that there is a bill that needs to be tabled, whether it is a new one or the NRA bill.
“It is for the government to advice itself on which one to deliberate on.”
Rakuoane urged the government to consult with relevant stakeholders to ensure that every step on the way forward is done by the book.
“The rest will follow; we want to see progress made in the implementation of the reforms,” he said.
Asked for comment, government spokesperson Thabo Sekonyela reiterated the government’s continued commitment to implement the reforms.
He explained that the court has ruled on the Standing Order 105B and not the whole process. Nothing therefore, would stop the reforms process from continuing.
“The reforms process will certainly continue even if it is not by way of resuscitation, but a restart. The court did not say if we should not work on the Omnibus Bill or not, but ruled on Standing Order 105.
“The government fully agrees with the court. If it was believed that the bill had omitted certain sections that contained Basotho’s opinion, then there would be no reason for us to resuscitate it.
“The nation has always been clear on what they want in this process and government fully understands that, because we are Basotho after all. We need to join hands with stakeholders like the opposition because it takes two to tango,” he said.
Sekonyela revealed that the pace at which reforms process go will depend entirely on the commitment and engagement from both sides.
He said the government will be flexible enough to take any route advised to them by stakeholders, depending on the circumstances, and as long as it is in the interest of Basotho.
Former National Reforms Authority (NRA) chairperson, Pelele Letsoela said he was delighted that the courts understand that it was wrong for the 10th parliament to omit some clauses or sections in the Omnibus Bill, which was based on public opinion.
Letsoela is adamant that government should re-table the original NRA Bill before presenting it to parliament since “it is the only bill that reflects public opinion.”
He advised that it would be procedural for such a bill to go through the portfolio committee on law and public safety cluster before moving to parliament so as the review all the sections or clauses. Letsoela said there is also a need for induction of MPs so that NRA could give them context on the bill and how it was drafted before it is presented to them in the House.
