Ombudsman Advocate Tlotliso Polaki has lodged an urgent application at the High Court in a bid to prevent the appointment of her successor as her term nears its end.
Polaki is seeking an interdict barring the Prime Minister from advising His Majesty King Letsie III to appoint a new Ombudsman. She also wants the court to review, correct and set aside any recruitment process or appointment to the office, describing it as unlawful, unconstitutional, invalid and null and void ab initio.
Her term expires on 30 June 2026. In her founding papers, Advocate Polaki argues that she is protected under the transitional provisions (“grandfather clause”) of the Tenth Amendment to the Constitution.
Offices similarly protected during the transition from the 1993 Constitution include those of the Government Secretary, Auditor-General, Commissioner of Police, Commander of the Lesotho Defence Force, and Commissioner of Corrections.
The applicant has cited seven respondents: the Prime Minister (first), the Government of Lesotho (second), the National Assembly (third), the Senate (fourth), His Majesty the King (fifth), the Attorney-General (sixth), and the Independent Electoral Commission (seventh).
Advocate Polaki contends that Section 163(1) of the Tenth Amendment empowers Parliament to establish an independent structure to handle the recruitment of the new Ombudsman. However, that body has not yet been created, despite the constitutional amendment providing for it.
She is therefore asking the court to declare Parliament’s failure or delay in establishing the recruitment body unconstitutional. She further seeks an order directing Parliament to urgently pass the necessary legislation.
The Ombudsman wants the court to compel the Speaker of the National Assembly and the President of the Senate to submit a detailed plan with clear processes and timelines for the enactment of the required law. She has also requested that the two presiding officers file progress reports every two weeks for continued judicial oversight.
In her papers, she argues that the government has failed to comply with the amended Constitution and asks the court to extend similar protection to other constitutional office-holders whose positions are affected by the transition.
Advocate Polaki has asked for the matter to be heard urgently, with interim relief to be granted if necessary.
This publication could not immediately confirm whether the government intends to oppose the application. The story will be updated as developments unfold
Summary
- Ombudsman Advocate Tlotliso Polaki has lodged an urgent application at the High Court in a bid to prevent the appointment of her successor as her term nears its end.
- The Ombudsman wants the court to compel the Speaker of the National Assembly and the President of the Senate to submit a detailed plan with clear processes and timelines for the enactment of the required law.
- In her papers, she argues that the government has failed to comply with the amended Constitution and asks the court to extend similar protection to other constitutional office-holders whose positions are affected by the transition.
Thoboloko Ntšonyane is a dedicated journalist who has contributed to various publications. He focuses on parliament, climate change, human rights, sexual and reproductive health rights (SRHR), health, business and court reports. His work inspires change, triggers dialogue and also promote transparency in a society.
