Theko Tlebere
…. Continuation
Earlier this month, we reflected on Lesotho’s reform process, beginning with the 2014 political turmoil that led to the establishment of the National Reforms Authority (NRA). The NRA was created to address political instability and promote a stable, democratic state. It was tasked with drafting reforms for long-term change. However, the journey has been complex. Despite initial optimism for swift reforms, significant obstacles arose, leading to major revisions of the original NRA Omnibus Bill, resulting in Act No. 2 of 2025.
I expressed concerns about whether the final Act reflects the vision from the initial consultations, highlighting the need for Basotho to assess the Act’s implications and hold their leaders accountable for its implementation. Additionally, I discussed the NRA’s role in Lesotho’s reform efforts, including its structure, objectives, and key responsibilities related to legal and institutional reform, peace, and national unity. This week, I will compare the NRA Omnibus Bill to the final legislation and analyse its potential impact on governance in Lesotho.
The NRA Omnibus Bill encompassed numerous provisions aimed at reforming Lesotho’s governance structures. Among the most significant were:
Floor-Crossing Provisions: One of the most debated aspects of the bill was the proposal permitting Members of Parliament (MPs) to “cross the floor” and change parties after serving three years in Parliament. While this provision aimed to promote political fluidity and align MPs with parties that more accurately reflected their beliefs, critics perceived it as a potential source of increased political instability, particularly during a period when coalition governments were already precarious.
Age of Majority: The bill proposed lowering the age of majority to 18, thereby classifying individuals under this age as minors. This modification aimed to align with international standards concerning children’s rights and to promote youth participation in the national political process.
Official Languages: A significant provision in the bill recognised isiXhosa and isiPhuthi as official languages, alongside Sesotho and English. This initiative aimed to enhance inclusivity by acknowledging the linguistic diversity of the Basotho people and ensuring equitable access to governmental and judicial processes.
Prime Minister’s Tenure: The Omnibus Bill proposed substantial changes to the office of the Prime Minister, including a two-term limit. This measure sought to encourage political renewal and prevent the concentration of power in a single individual, which has contributed to instability in Lesotho’s recent political history.
Impeachment and Oversight: The bill also introduced mechanisms for the impeachment of the Prime Minister, establishing a constitutional process for the removal of a Prime Minister based on specific grounds. Additionally, it enhanced parliamentary oversight, granting Parliament greater authority to scrutinise executive actions, approve international treaties, and manage public debt.
Transition to Act No. 2 of 2025: Key Changes
While the NRA Omnibus Bill was a crucial step in Lesotho’s political evolution, its provisions underwent significant revisions before becoming Act No. 2 of 2025. The final law, passed in 2025, reflects a synthesis of the original proposals and necessary compromises to accommodate various stakeholders, including political parties, civil society, and traditional institutions.
Key Features of Act No. 2 of 2025
Floor-Crossing: One of the most significant changes between the bill and the final law was the floor-crossing provision. In the Omnibus Bill, floor-crossing was permitted after three years in Parliament. However, in the final Act, this provision was greatly restricted. The Act permits only constituency MPs to cross the floor, and only under specific conditions. If an MP crosses the floor outside the designated period, they must vacate their seat, triggering a by-election. This adjustment directly addresses concerns that the original proposal could destabilise the already fragile political landscape.
Prime Minister’s Tenure: The limitation on the Prime Minister’s tenure to two terms remained in the Act, but with added safeguards. The Act introduces measures to restrict the Prime Minister’s power to prorogue Parliament. Previously, the Prime Minister could unilaterally halt parliamentary proceedings, effectively suspending the democratic process. Now, the Prime Minister can only recommend prorogation for a maximum of fourteen days, requiring approval from the Council of State for any further extensions.
Official Languages: The recognition of isiXhosa and isiPhuthi as official languages was retained in the Act. Furthermore, the Act expands this commitment by ensuring that sign language is included in official communications, reinforcing the country’s dedication to inclusivity for all citizens, including those with disabilities.
Public Accountability: The Act advanced parliamentary service reforms by establishing the Parliamentary Service Commission as an independent body overseeing parliamentary staff and operations. This change enables Parliament to operate autonomously, free from executive influence, thereby enhancing transparency and accountability.
Human Rights and Anti-Corruption: A significant aspect of the Act is the establishment of a Human Rights Commission and a Lesotho Anti-Corruption and Ethics Commission, both endowed with enhanced independence from the executive branch. These commissions are tasked with ensuring that public officials adhere to ethical standards and providing citizens with a mechanism to report human rights violations.
National Security and Devolution: The Act also introduced vital amendments pertaining to national security, transitioning the disciplined forces into National Security Agencies and creating an independent Security Sector Inspectorate. This reform addresses concerns regarding state militarisation and augments civilian oversight of security forces. Additionally, the Act implements devolution measures, granting greater autonomy to local government and establishing frameworks for district councils and the city of Maseru to exert increased control over local governance. The Future is NOW!
… to be continued.
Summary
- I expressed concerns about whether the final Act reflects the vision from the initial consultations, highlighting the need for Basotho to assess the Act’s implications and hold their leaders accountable for its implementation.
- One of the most debated aspects of the bill was the proposal permitting Members of Parliament (MPs) to “cross the floor” and change parties after serving three years in Parliament.
- The bill also introduced mechanisms for the impeachment of the Prime Minister, establishing a constitutional process for the removal of a Prime Minister based on specific grounds.
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