Chapter three: Democracy and good political governance
government ministers. Other limitations are also noted, such as: the weakness of the PAC, which
is characterised as nontransparent, exclusive of public participation and unable to follow up on
actions on its reports; and a feeble oversight role on the part of the ombudsman, the auditor
general, the Police Complaints Authority and the DCEO as a result of them not reporting directly to
the legislature, but through the executive.
230.
However, the CSAR notes that a Parliamentary Reform Committee (PRC) has been set up and is
driving a reform programme aimed at making Parliament more effective. Its programme includes
the establishment of portfolio committees, the review of standing orders, training, and the
improvement of the conditions of service of legislators.
ii.
Findings of the CRM
231.
The separation of powers of the principal organs of government is central to democratic
constitutional governance. The CRM observed that the concept of the separation of powers,
which makes it imperative to practise a division of labour in the performance of legislative,
executive and judicial functions and to exercise checks and balances among the three branches of
government, is not a central organising principle in the traditional Basotho system of governance.
The interrelationship of the three branches of governance is complex. This complexity is made
even more so by the presence of two other institutions, the Monarchy and the Council of State.
232.
Executive authority in Lesotho is shared by three institutions: the king, who is the constitutional
monarch, the Council of State, and the Cabinet headed by the prime minister. The role of the king
is to contribute to national strategic decisions, and to unify the nation. The king is also advised
and assisted in the performance of his functions by a Council of State that includes members of
the traditional leadership, the executive and the judiciary.
233.
The Cabinet (also referred to as the executive) is responsible for policy decisions regarding the
management of government business and for the affairs of state. The executive is the highest
decision-making and policy-making body for managing the affairs of the state.
234.
The prime minister is normally the leader of the majority party in the National Assembly. The prime
minister is appointed by the king on the advice of the Council of State. The king also appoints the
ministers and assistant ministers from the members of the legislature (National Assembly and
Senate).
235.
The prime minister, who is the head of government, is required by the constitution to consult the
head of state, the king. The executive roles of the two offices have in the past been misinterpreted,
for instance in 1994 when the king (Letsie III) replaced a democratically elected government with
an appointed one. This decision was later reversed.
236.
The legislature is officially known as Parliament and consists of the National Assembly (lower
house) and the Senate (upper house). The lower house represents the electorate, enacts laws and
is supposed to oversee policy making and implementation in order to ensure the responsibility and
accountability of the executive. The Senate is composed of 33 members (22 hereditary principal
chiefs and 11 elected members). It scrutinises the laws emanating from the lower house and acts
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