Lesotho's political system

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Map of Lesothos

The political system of Lesotho is mainly regulated by the constitution of the Kingdom of Lesotho .

Constitution

The current constitution dates from April 2, 1993; it came into being after the end of a military dictatorship lasting several years. In 1998 it was partially changed. It defines the state's form of government as a parliamentary monarchy with a bicameral parliament . The separation of powers is also established and an independent judicial system is guaranteed.

The constitution also guarantees human rights , such as freedom of speech, freedom of the press and assembly, freedom of religion, the right to personal freedom, protection against forced labor and the protection of privacy and private property.

executive

Letsie III.

Head of state is the king (English King or Sesotho motlotlehi ), since 1996 Letsie III. However, it only has representative tasks. The monarchy is hereditary, but in addition, according to a traditional law, the council of barena ( College of Chiefs ) can determine who will succeed a deceased king. This comes into force if the successor is still a minor or the succession to the throne is unclear. This council can also order the removal of the king. In the past there have been several attempts to strengthen the role of the king, but these failed.

Moeketsi Majoro

The government is led by the Prime Minister , since 2020 Moeketsi Majoro ( All Basotho Convention , ABC). He is elected when more than half of the members of the National Assembly support a government under his leadership. In the case of Majoros, this happened around the middle of the legislative period.

legislative branch

The parliament building

The legislative chambers, the National Assembly ( National Assembly ) and the Senate ( Senate ), both in the capital Maseru .

The Senate consists of 33 members, including the 22 most important traditional rulers ( principal chiefs ) after the king and 11 members appointed by the king on behalf of the Council of State . The traditional rulers are descendants of the founder of the Basotho people, Moshoeshoe I , and inherit their seat in the Senate to their descendants. The remaining eleven members of the Senate are appointed by the King on the proposal of the Government. The Senate is the President ( President ago), who is elected by the Senate. According to the Constitution, the main task of the Senate is the revision and review of bills that come from the National Assembly, but also the drafting of laws.

The second chamber, the National Assembly, is elected directly by the people in a general, free, equal and secret ballot. A legislative period is planned to last five years. Since 2007 the lower house has 120 seats, 80 of which are elected by majority vote and 40 by proportional representation ( mixed-member proportional ). The 40 seats are given to parties that - in relation to the 120 seats - received a disproportionately large number of MPs according to the majority vote. There is no threshold clause . The chairman (speaker) of the National Assembly is determined by the strongest parliamentary group. By-elections result from the resignation of a directly elected MP; in the case of a parliamentarian elected by proportional representation, a member of his party list moves up.

The electoral system, which was originally intended to prevent one party from dominating , has resulted in coalition governments since 2012 .

Since the 2017 elections, the National Assembly has been composed as follows:

The number of registered parties is around 25 (as of 2017).

In 2019, under pressure from SADC , the larger parties agreed on the formation of the non-partisan National Legislative Reform Authority , which is supposed to work out proposals for fundamental reforms within a timeframe.

Judiciary

The legal system in Lesotho, like that of South Africa, is based on a hybrid of the Anglo-American system of common law and the Roman Dutch Law , a common law of Dutch character that is derived from Roman law . There is also the traditional Laws of Lerotholi , for example in inheritance law .

The country’s judiciary is bipartisan and independent under the Constitution. The Maseru High Court is headed by a Chief Justice proposed by the King on the direction of the Prime Minister. The High Court can also serve as a constitutional court . Local dishes, predominantly in the cities, and traditional dishes, which exist primarily in rural areas, are subordinate to this. The Court of Appeal (about " Court of Appeal ") is also located in the capital. It consists of the President and other judges and can overturn decisions of the High Court .

Council of State

The State Council officially serves to advise the King. The king is chairman. Other members are:

  • the prime minister
  • the Speaker of the National Assembly
  • two judges or former judges of the High Court or Court of Appeal
  • the Attorney-General
  • the commander of the Lesotho Defense Force
  • the Commissioner of Police
  • a principal chief
  • two leading opposition MPs in the National Assembly
  • three other named people
  • a self-employed lawyer

Other bodies and officials specified by the constitution at national level

  • The College of Chiefs consists of the 22 Principal Chiefs .
  • The Independent Electoral Commission (such as "Independent Electoral Commission") is an independent body appointed by the King on the proposal of the Council of State to conduct elections.
  • The Attorney-General is the government's chief legal advisor. He is appointed by the King on the proposal of the Prime Minister.
  • The Director of Public Prosecution is the country's chief public prosecutor .
  • The Auditor-General , the country's chief auditor, is also appointed by the King on the proposal of the Prime Minister.

Municipal level

Districts of Lesotho

Lesotho is divided into ten districts, which in turn are divided into community councils .

Local elections were last held in 2017. Eleven Urban Councils , 65 Community Councils and 77 Councils were elected. The elections take place every five or six years and were first held in 2005.

Memberships in international organizations

Lesotho member of various regional organizations such as the is Development Community for Southern Africa (English: Southern African Development Community , SADC) and the Customs Union of Southern Africa ( Southern African Customs Union, SACU). Furthermore, Lesotho is now a member of the UN , the African Union (AU) and the Commonwealth . All western states have diplomatic relations with Lesotho, only a few have a permanent embassy in the country.

Other factors

  • The Lesotho Defense Force (LDF) is used for national defense, but - sometimes under a different name - has intervened in politics several times in the history of the country, and has occasionally taken power.
  • The Southern African Development Community (SADC), of which Lesotho is a member, intervened several times to correct the political processes in the country. In 1998 there were military acts. In 2016, the Phumaphi Commission convened by SADC forced Lesotho to make political changes.
  • Foreign governments are one power factor; In addition to the only neighboring country South Africa , these are above all the United States , which used membership of the African Growth and Opportunities Act (AGOA) as a means of pressure to enforce the demands of the Phumaphi Commission .
  • After all, the churches, especially the Roman Catholic Church , as well as non-governmental organizations such as Work for Justice, play an informal role in the country's political life.

Web links

Individual evidence

  1. a b c d e Lesotho's constitution at constituteproject.org (English; PDF), accessed on October 10, 2017
  2. Ntlhoi Motsamai elected as Lesotho National Assembly speaker. ( Memento from October 19, 2016 in the Internet Archive ) sabc.co.za from March 10, 2015 (English)
  3. Peter Fabricius: Will Ramaphosa's reform time table save Thabane's skin? issafrica.org of July 12, 2019, accessed on July 12, 2019
  4. ^ 'Lesotho Government to review cultural inheritance laws', official. ( Memento from December 22, 2015 in the Internet Archive ) en.starafrica.com (English)
  5. Schedule 2 of the Lesotho Constitution at constituteproject.org (English), accessed on October 11, 2017
  6. ^ All set for local government polls. Lesotho Times, September 24, 2017, accessed October 11, 2017
  7. ^ Lesotho: crise au sein de la majorité. BBC Afrique, November 14, 2016 (French), accessed October 10, 2017