Chapter three: Democracy and good political governance
•
The separation of powers and the independence and effectiveness of the judiciary and the
legislature.
•
Public service efficiency, effectiveness and accountability.
•
The promotion and protection of human rights and liberties.
Political conflicts
111.
The stakeholders interviewed by the CRM believed that the internal consultations and dialogue
that led to the compromise to reform the electoral system were very valuable. The MMP electoral
compromise solution is credited with enhancing open dialogue, achieving greater inclusiveness
and broader political representation in the National Assembly, and generally bringing about the
peace that Lesotho has enjoyed in the past few years. There is a strong feeling that the Basotho
are capable of resolving their political differences. What is required are the establishment and
consolidation of local mechanisms and capacity development for dispute mediation and conflict
resolution, which should involve the IEC and political parties, the churches, traditional leaders and
local nonstate actors.
Constitutional democracy and the rule of law
44
112.
The CRM found that the Basotho have a long-standing traditional system of governance that is
based on their historical values and customs. The customary system of governance has deep
roots and is highly respected everywhere in the country. The traditional chieftainship system,
which extends from the village headman to the chiefs, to the principal chiefs, is central to social
cohesion. Chiefs perform functions provided for in sections 6 and 7 of the Chieftainship Act of
1968.
113.
The Basotho recognise and accept that their traditional form of governance must coexist with the
colonially bequeathed system of governance. This is the basis for the adoption of the constitutional
monarchy that complements, rather than competes with, the modern state. They cite the
coexistence of a traditional monarchical system of governance with the elected government as an
example of how their culture and traditions are complementary to an imported form of democracy.
It is the respect for traditional authority and the overwhelming desire for its perpetuation that are
at the root of the establishment of the constitutional monarchy. The Basotho generally perceive
that there is constitutional rule in as far as their institutional arrangements and practices are
guided by the 1993 constitution of Lesotho. The functional interactions of the head of state, head
of government, Council of State, Senate, National Assembly, College of Chiefs, judiciary and
customary courts, and all the other state institutions that are provided for in the constitution
of Lesotho, should be understood in the context of the centrality of the traditional monarchy to
this unique governance system. However, the concept of the separation of powers is interpreted
differently from the classic Western definition of the term. The king is central to the governance
situation of the nation state, and he is also the unifier of the Basotho nation. The king serves as
the point of interface and unification of the functions of the executive, legislature and judiciary.
As a matter of fact, all the governance functionaries have an obligation to consult with and advise
the king. Therefore, the CRM urges respect for the values and wishes of the Basotho nation and