Chapter three: Democracy and good political governance 76 Independence and effectiveness of the legislature 250. That the legislature is weak is confirmed by comments by, and observations of, the various stakeholders whom the CRM consulted. There is a backlog of bills that have yet to be passed by Parliament. The CRM was unable to determine exactly why so many bills were outstanding. Stakeholders claimed that the opposition is so weak that the Senate appears to be the effective opposition in Parliament. Portfolio committees, which were introduced only in 2005, have yet to make their mark on improving performance. 251. However, there are some positive developments, such as proposed parliamentary reform measures aimed at making Parliament more effective. The PRC is presently attending to issues such as the declaration of assets by legislators and political leaders, capacity building for parliamentarians, and the reviewing of standing orders. 252. Generally, the Parliament of Lesotho is regarded as being subordinate to the executive branch of government, inefficient in its law-making functions, and ineffective in exercising oversight over the executive. iii. Recommendations 253. The APR Panel recommends that Lesotho: • Enhance constitutional democracy and the separation of powers by reiterating the operational independence of the various governance institutions. (Government of Lesotho, National Assembly, Judicial Service Commission, Council of State) • Reform the Council of State to reflect the composition and dynamics of Lesotho by including civil society representatives. (Government of Lesotho, National Assembly, Judicial Service Commission, Council of State) • Enact all outstanding bills, including the Judicial Administration Bill (2001) and the Judicial Institutions Bill (2003), and adopt the Code of Conduct for Legal Practitioners (2007) so that the judicial system can be reformed for enhanced performance. (Government of Lesotho, National Assembly, Judicial Service Commission, Council of State) • Strengthen the judiciary by increasing the number of judges and support staff. (Government of Lesotho, National Assembly, Judicial Service Commission, Council of State) • Provide open public access to parliamentary committee meetings to enhance transparency and accountability. (Government of Lesotho, National Assembly, Judicial Service Commission, Council of State) • Enhance legislative oversight and executive accountability by making the oversight institutions (the Office of the Ombudsman, the OAG, the Police Complaints Authority and the DCEO) report directly to the legislature rather than through the executive. (Government of Lesotho, National Assembly, Judicial Service Commission, Council of State)

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