PM’S as­ser­tion in­ad­e­quate, flawed

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within three days there­after, ei­ther re­sign from of­fice or ad­vise a dis­so­lu­tion of Par­lia­ment.

Ev­i­dently this sub­sec­tion seems to be de­signed to fa­cil­i­tate the re­moval of the Prime Min­is­ter from of­fice by the King, hence the Prime Min­is­ter might have left it out too, de­lib­er­ately from his au­di­ence.

How­ever, this re­moval can only be ef­fected if within three days af­ter the pass­ing of the res­o­lu­tion of no con­fi­dence he does not re­sign or ad­vise a dis­so­lu­tion of Par­lia­ment, fol­low­ing the ad­vice of the Coun­cil of State.

The PM in his ad­dress also made ref­er­ence to the fact that if MPS pass a vote of no con­fi­dence in his gov­ern­ment and there­fore un­seat him and his cab­i­net demo- crat­i­cally, they all stand to re­pay the M500 000 in­ter­est-free loans that were ex­tended to them on be­ing elected to the au­gust house. This as­ser­tion is also very flawed.

First, the PM failed to men­tion that if the life of the ninth Par­lia­ment ended, the pos­si­bil­ity is that the new gov­ern­ment might be led by a new leader who will see it only pru­dent and fair to re­pay the loans on be­half of the out-go­ing MP’S of the ninth Par­lia­ment.

This he will do in line with the rel­e­vant leg­is­la­tion as will be shown later. On this score, the PM was not as forth­com­ing with all the in­for­ma­tion. This de­ci­sion might not there­fore rest with him at all.

Sec­ond, this one is con­nected to the first one. The Loans and Guar­an­tees Act, 1967, pro­vides un­der sec­tion 6(1) that the Gov­ern­ment of Le­sotho shall be the guar­an­tor for loans such as the M500 000 for the MPS.

“The gov­ern­ment may, sub­ject to the pro­vi­sions of this sec­tion, guar­an­tee in such man­ner and on such con­di­tions as pay­ment of the in­ter­est and other charges on a loan raised ei­ther within or out­side Le­sotho by a lo­cal author­ity or a body cor­po­rate or in­di­vid­ual (in this sec­tion to­gether re­ferred to as the bor­rower).”

Sub­sec­tion (3) pro­vides: “no such loan shall be guar­an­teed in the case of an in­di­vid­ual un­less – (6) terms and con­di­tions re­lat­ing to the pay­ment of the loan and to rights in any­thing bought with it, have been ap­proved by the Min­is­ter in writ­ing.”

My as­ser­tion in this re­gard is sub­stan­ti­ated by the Sav­in­gram of 27th Septem­ber, 2016 from the Gov­ern­ment Sec­re­tary and Sec­re­tary to Cab­i­net, to the Prin­ci­pal Sec­re­tary (Fi­nance) who un­der the sub­ject: “Debt write-off for mem­bers of the 8th Par­lia­ment loans amount­ing to M32, 229, 284. 94,” in­forms and di­rects the PS (Fi­nance) to pay all the M500,

000.00 loans to MP’S of the 8th Par­lia­ment to­gether with the over M21 Mil­lion the debt write-off has at­tached to the Le­sotho Rev­enue Author­ity.

In all ma­jor re­spects the PM’S as­ser­tion in his ad­dress is there­fore flawed in that his gov­ern­ment (that is in ad­di­tion to if he will still be in con­trol of the gov­ern­ment) will refuse to write-off the debts of the MPS of the 9th Par­lia­ment if they pass a vote of no con­fi­dence in him and his gov­ern­ment.

On the ba­sis of the above the PM’S as­ser­tion in his ad­dress to the DC lead­er­ship Con­fer­ence are se­ri­ously flawed and lack­ing in many ma­jor re­spects as he ei­ther de­lib­er­ately or by an in­ad­ver­tent omis­sion failed to come for­ward with this crit­i­cal in­for­ma­tion to his au­di­ence.

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