No sub­sti­tute for con­sti­tu­tion

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A KEY ques­tion beg­ging a re­sponse since the col­lapse of the May 2012 po­lit­i­cal pact dubbed, the Coali­tion Agree­ment (CA), which gov­erned the way the par­ties would jointly gov­ern Le­sotho, is what did the pact say re­gard­ing how this na­tion was to be gov­erned.

From most of Deputy Prime Min­is­ter Mo­th­etjoa Mets­ing’s pronon­ce­ments, who is also leader of the Le­sotho Congress for Democ­racy (LCD)’S pro­nounce­ments, since he and his party started their pub­lic cam­paign against Prime Min­is­ter Thomas Tha­bane, it seems the premier was sup­posed to be a mere win­dow-dresser whilst some­one else, pre­sum­ably Mr Mets­ing, runs the show.

If th­ese were the terms of their agree­ment, then can Mr Mets­ing do Ba­sotho a favour by giv­ing us all the de­tails re­gard­ing the agree­ment?

Maybe we would then un­der­stand why he de­manded to have the fi­nal say in all the de­ci­sions Dr Tha­bane made.

As far as we are con­cerned, most of us see a prime min­is­ter who is car­ry­ing out his con­sti­tu­tional du­ties ac­cord­ing to the laws of the coun­try. As a re­sult, a lot of Ba­sotho were puz­zled as to why Mr Mets­ing was cry­ing foul at each and ev­ery turn.

The other beg­ging ques­tion is if in­deed the CA gave the pow­ers which con­sti­tu­tion­ally re­side with the prime min­is­ter to the deputy premier, then was it Mr Mets­ing’s po­si­tion that the con­sti­tu­tion be sus­pended in favour of the CA?

In short, which of the two must be sub­or­di­nate be­tween the CA and this na­tion’s con­sti­tu­tion?

Common sense dic­tates that the Con­sti­tu­tion is supreme. Hence any other piece of pa­per by what­ever name that con­tra­dicts the Con­sti­tu­tion is the one that is null and void.

I am not

a lawyer but this my un­der­stand­ing of what a Con­sti­tu­tions is — It is the over­rid­ing le­gal doc­u­ment.

In short, by per­sis­tently re­fer­ring to a flawed doc­u­ment, as­sum­ing his procla­ma­tions are true, the Mr Mets­ing sim­ply showed his lack of ap­pre­ci­a­tion — or worse still lack of re­spect — of t the supremacy the con­sti­tu­tion; which i is a se­ri­ous indictment on him­self and his party.

Deputy prime Min­is­ter Mo­th­etjoa Mets­ing.

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