Theko Tlebere
As the New Year commences, I find it pertinent to reflect on a journey that began over a decade ago, a journey marked by aspirations and challenges. Back in 2014, Lesotho was clouded by political turmoil that led to elections the following year. It was evident that the much-needed reforms were vital as the Basotho nation came together with a shared sense of hope and optimism for a more promising future. This collective spirit led to the establishment of the National Reforms Authority (NRA), a body that was aimed at addressing the political instability that had long plagued our nation. The NRA was tasked with drafting comprehensive reforms designed to transform Lesotho into a more peaceful, stable, and democratic state.
The optimism was palpable; it resonated through the halls of power and the communities across our nation. Parliamentarians, civil society organisations, traditional leaders, and ordinary citizens alike believed that these reforms would pave the way toward a more just society, one where the voices of all would be heard and respected. Even the Southern African Development Community (SADC) concurred that Lesotho needed reforms, and they supported us by giving us President Ramaphosa, who later assigned Justice Dikhang Moseneke to help us fulfil our reform dream.
We were perhaps overly optimistic in our belief that, once drafted, these reforms would swiftly be enacted into law. We envisioned a scenario in which the parliamentarians, elected to represent our interests and concerns, would recognise the urgency of these necessary changes and pass the proposed legislation without delay. However, as we have come to understand through experience, the trajectory of reform often deviates significantly from initial expectations and hopes.
Despite the unprecedented consultations that reflected our collective desires and a shared vision for a better Lesotho, the path to reform has proven to be complicated and fraught with obstacles.
Rather than a seamless implementation of our envisioned reforms, the NRA Omnibus Bill underwent substantial revisions, culminating in the Tenth Amendment to the Constitution (Act No. 2 of 2025). This Act, while grounded in the original proposals that were fervently discussed, has experienced several modifications, some of which were anticipated while others have emerged unexpectedly, prompting us to question what we can genuinely expect from this new legislation. The alterations raise critical concerns about whether the essence of the original vision has been preserved or diluted.
What should we anticipate from Act No. 2 of 2025? Will it ultimately deliver the peace and prosperity envisioned by many during those initial consultations? Or will it represent yet another instance in a long history of political promises that fail to materialise and resonate with the realities of our lives? As Basotho, it is imperative that we critically evaluate the implications of the Act and hold our leaders accountable for its implementation. This series of articles will undertake a thorough comparative analysis of the NRA Omnibus Bill and the final Act, meticulously examining what has been retained, what has changed, and what these alterations signify for us as citizens navigating the complexities of our political landscape.
Lesotho’s pursuit of substantive constitutional reform has been a complex endeavour, shaped by decades of political instability, governance challenges, and socio-economic disparities. Central to these reforms is the NRA Omnibus Bill (2022), a comprehensive proposal designed to address a range of concerns, from parliamentary procedures to political inclusivity. What originated as the Omnibus Bill has now evolved into Act No. 2 of 2025, which introduces significant constitutional amendments affecting the governmental structure, the tenure of the Prime Minister, official languages, and the functions of the Lesotho Parliament.
This article will conduct a comparative analysis of the NRA Omnibus Bill and the final legislation, Act No. 2 of 2025, elucidating the evolution of these proposals, their implications for the Basotho populace, and the prospective trajectory of governance within the nation.
First, let’s make a little recap of what the National Reforms Authority (NRA) was. Established pursuant to NRA Act No. 4 of 2019, it assumed a pivotal role in the future trajectory of Lesotho. Its mission encompassed the coordination, leadership, and management of the nation’s reform processes, with a particular focus on executing the resolutions and decisions of Plenary II – a significant compilation of proposals designed to address challenges about governance, political stability, and national unity. The NRA’s objective was unequivocal: to complete the reform process within a time frame, thereby facilitating the advent of a new era in Lesotho’s governance.
The organisational structure of the NRA incorporated both political and technical components, ensuring a comprehensive and inclusive approach to reform. The political structure comprised 35 members drawn from various political parties, including 18 representatives from non-governmental organisations (NGOs), thus reflecting a diverse cross-section of society.
Furthermore, three non-voting members represented the government. Supporting this framework was the NRA Secretariat, directed by a Chief Executive Officer (CEO) and augmented by Special Advisors who provided specialised expertise in key thematic areas, thereby offering essential guidance for the implementation of reforms.
The NRA’s responsibilities were threefold: it focused on legal reform, the reform of institutions, and the recommendation of mechanisms for peace, national unity, and reconciliation. Through its initiatives, the NRA endeavoured to confront Lesotho’s entrenched governance challenges and to establish a framework conducive to sustainable peace and political stability. Reporting directly to both Houses of Parliament, the Review Chamber (Senate) and the Lower House (National Assembly), the NRA catalysed the transformative changes that shaped the future of Lesotho.
The Honourable Lekhetho Rakuoane, former Minister of Justice and Law, underscored that the Omnibus Bill emerged from consultations (Plenary 2), which involved not only political leaders but also civil society representatives, stakeholders from various sectors, and ordinary citizens. The aim was to establish a legal framework conducive to good governance, mitigate political instability, and provide all segments of society with a voice in the political process.
Rakuoane’s statement at the time underscored several key provisions, including the recognition of marginalised communities, the necessity for comprehensive political reforms, and the introduction of policies to enhance citizen control over political processes. However, it was evident from the outset that these reforms would be contentious and would necessitate refinement as they advanced through the legislative process…To be continued.
The Future is NOW!
Summary
- As the New Year commences, I find it pertinent to reflect on a journey that began over a decade ago, a journey marked by aspirations and challenges.
- Despite the unprecedented consultations that reflected our collective desires and a shared vision for a better Lesotho, the path to reform has proven to be complicated and fraught with obstacles.
- This series of articles will undertake a thorough comparative analysis of the NRA Omnibus Bill and the final Act, meticulously examining what has been retained, what has changed, and what these alterations signify for us as citizens navigating the complexities of our political landscape.
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