PM’S assertion inadequate, flawed
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.