Con­sti­tu­tional Re­view Com­mis­sion ur­gent pri­or­ity

Lesotho Times - - Feedback -

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.

Newspapers in English

Newspapers from Lesotho

© PressReader. All rights reserved.