Leader of Opposition, Mathibeli Mokhothu, has launched a scathing attack on the government’s attempt to table the Supplementary Appropriation (2024/2025) Bill, 2025, branding it “out of order, irregular, unconstitutional” and demanding its immediate withdrawal from Parliament.
In a strongly worded letter to the Speaker of the National Assembly, Tlohang Sekhamane, dated September 17, 2025, Mokhothu protested against the Bill, which seeks to retrospectively authorise more than M3.4 billion in expenditures already incurred during the 2024/2025 financial year.
He warned that the move was a blatant violation of the Constitution and the Public Financial Management and Accountability Act (PFMAA) of 2011.
“On Wednesday 10/09/2025 I rose on a point of order respectfully registering a formal protest against the tabling of the Supplementary Appropriation (2024/2025) Bill, 2025 which purports to regularise expenditures already incurred during the financial year 2024/2025, and to deem such withdrawals from the Consolidated Fund as if they had lawful authority from the beginning of April 2024,” Mokhothu wrote.
He explained that he wrote the letter to reinforce his point of order, which the Speaker has not yet ruled upon.
Quoting section 110 of the Constitution, he reminded Parliament that “all revenues must be paid into the Consolidated Fund and no money may be withdrawn except as authorised by law.” He added that section 113 provides the exception, allowing limited expenditure in advance of appropriation.
“Supplementary estimate is a precursor to a bill and not itself a spending authority and Supplementary Appropriation bill is not a curative tool or mechanism nor advance authority in Lesotho’s public finance spending,” he argued.
He stressed that supplementary expenditure “cannot be incurred first and only later be legalised. It must receive parliamentary approval beforehand, save for section 113 advances.”
Citing the PFMAA, 2011, Mokhothu said the law reaffirms that no expenditure may be incurred without prior parliamentary approval. He added that where excess expenditure has already occurred, “section 114(2) of the Constitution requires presentation to Parliament and validation through an Excess Appropriation Act, which is a curative mechanism—not advance authority.”
“The Supplementary Appropriation (2024/2025) Bill, 2025, seeks to retrospectively authorise withdrawals from the Consolidated Fund amounting to M3,452,226,578.44. Such retrospective regularisation is constitutionally unsound and exposes both Ministers and accounting officers to accountability consequences,” he warned.
In his closing, Mokhothu urged the Speaker to take a decisive stand.
“The tabling of this Bill is out of order. It contravenes sections 110–114 of the Constitution and the PFMAA, as it attempts to retroactively legalise unauthorised expenditures. The proper remedy where spending has occurred in excess is through an Excess Appropriation Act, not by deeming prior unlawful withdrawals as if they were duly authorised,” he wrote.
He concluded: “I therefore respectfully submit that the Supplementary Appropriation (2024/2025) Bill, 2025, be declared as out of order, irregular, unconstitutional and be withdrawn from the house, and that the Speaker directs the Government to follow the proper constitutional and legal procedures for validating excess expenditure.”
Summary
- “On Wednesday 10/09/2025 I rose on a point of order respectfully registering a formal protest against the tabling of the Supplementary Appropriation (2024/2025) Bill, 2025 which purports to regularise expenditures already incurred during the financial year 2024/2025, and to deem such withdrawals from the Consolidated Fund as if they had lawful authority from the beginning of April 2024,” Mokhothu wrote.
- “Supplementary estimate is a precursor to a bill and not itself a spending authority and Supplementary Appropriation bill is not a curative tool or mechanism nor advance authority in Lesotho’s public finance spending,” he argued.
- “I therefore respectfully submit that the Supplementary Appropriation (2024/2025) Bill, 2025, be declared as out of order, irregular, unconstitutional and be withdrawn from the house, and that the Speaker directs the Government to follow the proper constitutional and legal procedures for validating excess expenditure.
Ntsoaki Motaung is an award-winning health journalist from Lesotho, specializing in community health stories with a focus on sexual and reproductive health and rights, as well as HIV. She has contributed to platforms like “Be in the KNOW,” highlighting issues such as the exclusion of people with disabilities from HIV prevention efforts in Lesotho.
In addition to her journalism, Ntsoaki serves as the Country Coordinator for the Regional Media Action Plan Support Network (REMAPSEN). She is also a 2023 CPHIA Journalism Fellow.
