Constitutional Review Commission urgent priority
holders from civil society groups, non-governmental organisations, political parties, traditional leaders academia, and indeed from across the social spectrum.
For instance, there is no reason why Lesotho still prohibits according to the constitution, section 41, dual citizenship. Lesotho is geographically, historically and economically linked to South Africa, and this will never change.
The period during transition from the out-going government to the new in-coming government has to be governed by clear unequivocal constitutional timeframes.
We sadly witnessed during the period between the snap general elections and installation of the new government ministers from the outgoing government allegedly holding onto benefits and facilities extended by the state as if it was a continuation whereas it was time to appoint and install a new government.
Furthermore, there was also a lot of controversy regarding the interpretation of the transitional period in government. The issue of whether and what critical appointments ought to be stopped until the installation of the new government after proclamation of the elections date was also contetious.
There was also a lot controversy during the past government as to what are the powers of the prime minister vis-à-vis the cabinet and critically in relation to the other coalition partners.
Even more importantly, the new constitution or amendments should state unequivocally who controls and has authority over and appointment of the commander of the army, commissioner of police, and their respective security institutions.
Also who is senior and therefore head of the judiciary between the chief justice and the judge president.
While the Constitutional Review Commission might not be a panacea for all our constitutional crises, it will go a long way towards making our democracy work better without much bickering.
A constitution like I earlier argued, is a product of a human being who is fallible but for the sake of our country’s stability, prosperity and future generations, let us amend the current one or, if need be, repeal it altogether and adopt a completely new one.
My argument is that if the then government saw the need to reform our land tenure system by establishing a commission, then surely, with the constitution, the urgency and the merit is even much bigger than at that time.