Opposition seeks SADC intervention

The Opposition has formally requested the intervention of the Southern African Development Community over what it describes as a “systemic pattern” of executive non-compliance with court orders that threatens constitutional governance and the credibility of Lesotho’s SADC-supported national reforms process.

In a letter dated 3 August addressed to SADC Chairperson, Zimbabwean President Emmerson Mnangagwa, Opposition Leader Mathibeli Mokhothu detailed multiple instances where the government has failed to implement binding judicial decisions, including cases involving the Director of Public Prosecutions (DPP), the Ombudsman, Revenue Services Lesotho (RSL), the National Security Service (NSS), and other public bodies.

“Viewed individually, each matter raises serious constitutional concerns. Viewed collectively, however, they reveal what appears to be a systemic pattern of executive non-compliance with judicial authority,” Mokhothu wrote.

“Such conduct undermines the supremacy of the Constitution, weakens the doctrine of separation of powers, erodes public confidence in democratic institutions and threatens the integrity of constitutional governance.”

The letter, co-signed by leaders of the All Basotho Convention (ABC), Basotho National Party (BNP), Basotho Action Party (BAP), Mpulule Political Summit, United Africans Transformation (UAT) and Popular Front for Democracy (PFD), comes as the government prepares to report on reforms progress at the SADC Summit scheduled for 17 August in Durban.

Among the cases cited:

• The Constitutional Court’s September 2025 ruling declaring the suspension of Director of Public Prosecutions Adv. Hlalefang Motinyane unlawful and ordering her reinstatement, an order that opposition says remains unimplemented
• The Labour Court’s December 2025 order reinstating Commissioner General of Revenue Services Lesotho Advocate ‘Mathabo Mokoko, which remains unimplemented
• The Court of Appeal’s November 2025 declaring expulsion of 77 National Security Service officers unlawful,
• The Ombudsman, whom the High Court ordered to return to office while her matter is heard, but who remains barred
• Labour Court orders concerning salary adjustments for Lesotho Correctional Service members and remuneration for subordinate chiefs that have experienced prolonged delays
• The July 2026 Labour Court order in ‘Mating Mahooana’s case, which was reportedly ignored

“The reforms process cannot succeed where constitutional principles are honoured only in theory and not in practice,” Mokhothu wrote. “Compliance with court orders is not merely a legal obligation but is the practical demonstration of Government’s commitment to constitutional democracy.”

The Opposition has demanded that government immediately implement all outstanding court orders, direct all public authorities to comply with judicial decisions, establish a mechanism for monitoring compliance, and publicly reaffirm its commitment to constitutionalism.

The letter warns that unless there is demonstrable compliance, the Opposition “is unable to continue participating in reform-related meetings and engagements,” effectively withdrawing from the SADC-facilitated national reforms process.

“We therefore respectfully request SADC, as guarantor and facilitator of Lesotho’s national reforms process, to engage with the Government of the Kingdom of Lesotho on this matter as a matter of urgency,” Mokhothu wrote.

“We further request SADC to impress upon the Government that compliance with court orders is fundamental to the credibility, legitimacy and success of the reforms process and to the preservation of constitutional democracy in Lesotho.”

Staff Reporter

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