Chapter three: Democracy and good political governance
Best practice 3.2: Constitutional monarchy
The constitution of Lesotho of 1993 established the constitutional monarchy. This was affirmation of
the trust and reverence that the Basotho have for their traditional form of governance, as well as a
display of confidence that it can coexist with a state system derived from foreign influences.
Chapter I of the constitution entrenches it as the supreme law of the land of the Basotho kingdom.
Chapter V defines the powers, functions and responsibilities of the king in the democratic dispensation
and clarifies the procedures for succession, regency and the functions of the College of Chiefs. There
are sections that also determine the remuneration, taxation and other procedural arrangements for
the functioning of the Office of the King.
Chapter VI, which deals with Parliament, defines the inclusion and functions of the king in Parliament,
thereby specifying the role of the king in legislative matters. Further, section 83 of the same chapter
deals with the role of the king in the prologue and dissolution of Parliament.
Chapter VIII, which deals with the executive, specifies the king as the executive authority and defines
the relationships of the king with the prime minister, Cabinet and other state agencies, including the
Council of State.
Source: Constitution; CRM Findings.
Best practice 3.3: Electoral system reform
The IEC was established subsequent to a constitutional amendment in 1997. It is responsible for
the administration of elections for the National Assembly and local government, as well as for
referendums.
In 2002, an MMP system was adopted after substantial consultations among political parties and
other stakeholders. The system combines the constituency elections for 80 members of Parliament
elected on the FPTP basis and a PR compensatory system for 40 members. The negotiated compromise
is highly regarded for having affirmed the maturity of the Basotho in finding their own solutions to
political conflict. The process has improved interparty dialogue, has encouraged inclusiveness and
broader representation in the National Assembly, and has generally brought about relative peace.
Source: CRM Findings.
66
iii.
Recommendations
199.
The APR Panel recommends that Lesotho:
•
Adopt a single-list ballot for both the constituency and the PR components of the general
elections. (Government of Lesotho, IEC, international cooperating partners)
•
Review the decentralisation process with the objective of identifying measures that could
expedite it and provide certainty regarding its direction. (Government of Lesotho, IEC,
international cooperating partners)