Chapter three: Democracy and good political governance • Enact a law guaranteeing access to and freedom of information. (Government of Lesotho, nonstate actors – civil society, traditional leaders, the media – the National Assembly) • Develop comprehensive training of elected representatives and public servants on human rights concepts and practices at the national and local levels. (Government of Lesotho, nonstate actors – civil society, traditional leaders, the media – the National Assembly) • Strengthen the capacity of the legislature to process bills, and of the institutions that implement policies. (Government of Lesotho, nonstate actors – civil society, traditional leaders, the media – the National Assembly) • Make a concerted effort to domesticate international codes and standards and to improve the capacity for reporting thereon. (Government of Lesotho, nonstate actors – civil society, traditional leaders, the media – the National Assembly) Objective 4: Uphold the separation of powers, including the protection of the independence of the judiciary 72 i. Summary of the CSAR 227. The constitution of Lesotho guarantees the independence of the judiciary, whose role it is to check that the executive and the legislature decide and act within the law. The legislature is constitutionally responsible for passing laws and holding the other branches of government accountable. These two institutions require operational independence in order to function effectively. Independence and effectiveness of the judiciary 228. The CSAR states that the independence of the judiciary has been demonstrated in its decision making. For instance, it is stated that the judiciary is not pressured into supporting the government of the day. Several cases are cited that involved decisions against the government: one involved the Law Society of Lesotho challenge of the prime minister’s appointment of an acting judge in contravention of the Human Rights Act; another concerned a ruling against the executive in a case involving the latter’s revocation of leases; a third entailed the judiciary upholding the independence of court martial; and a fourth affirmed the constitutionality of assigning magistrates to district administration. Independence and effectiveness of the legislature 229. The CSAR attributes the lack of independence of the legislature to the overlapping of membership between Parliament and the executive (they cannot exercise oversight of themselves, a legacy of the Westminster style of government) and to the weakness of the opposition. It also notes that Parliament lacks resources and facilities for effective functioning; hence executive transgressions are not dealt with, including the failure to audit public accounts, the violation of human rights by allowing firms to pay ‘slave wages’ and the failure to investigate allegations of corruption among