Chapter three: Democracy and good political governance 68 203. The Public Service Act 1 of 2005, passed in terms of section 16 (c) of the constitution, restricts the association of public servants and prohibits them from forming trade unions, though they are free to join associations under the Societies’ Act 20 of 1966. Such associations do not enjoy the same rights and advantages as trade unions formed in the private sector. 204. The constitution (section 12) guarantees citizens right of access to justice and legal aid and provides for fair hearings within a reasonable time in criminal and civil cases. However, the CSAR points to a serious case backlog, though attempts are being made by way of case-dismissal hearings to address the problem. Another measure to ensure ‘justice within a reasonable time’ is the Speedy Court Trials Act 9 of 2002, which provides for the speedy prosecution and resolution of cases within three months. 205. Citizens’ rights to participate in issues of government and in public life are protected by sections 20 and 20 (1) of the constitution, as are the right to participate directly or through chosen representatives and the right to vote or stand in elections under a system of universal and equal suffrage and secret ballot. Multiparty representation is guaranteed under the MMP representation model instituted by the National Assembly Election Amendment Act of 2001. The MMP system has been in operation since 2002 and has broadened the representation of political parties dramatically. The local government elections of 2005 further ensured a broadening of representation through decentralisation. 206. Although cultural, social and economic rights in Lesotho are, with some exceptions, nonjusticiable, a wide range of policies is aimed at providing for these rights as embodied in the concept ‘basic needs’, including health, education and housing, as well as access to employment, water and sanitation. The bill of rights in the constitution protects religious rights, whereas education is constituted under ‘Principles of State Policy’. The CSAR notes that, in its country-wide citizen review, education was overwhelmingly considered to be a fundamental human right. 207. The Primary Education and Education for All Policy of 2000 provides for access to education for all children. Currently, an Education Draft Bill (2008) is being developed in terms of which primary education will be free and compulsory. 208. As for access to health, the citizen survey conducted during the self-assessment period pointed to a general perception among citizens that government does not deliver effective health services, despite the fact that primary health care has been made free at all government clinics. According to the CSAR, this situation might improve once the renovation and construction of new health clinics throughout the country have been completed through the Lesotho Millennium Challenge Corporation (MCC) Compact Project. Specific mention is made in the CSAR of young people experiencing “the worst reproductive health because of inadequate knowledge or reproductive health issues and human sexuality, lack of access to reproductive health services and exposure to gender-based violence and sexual exploitation”. 209. Access to clean water is considered to be reasonable, whilst access to sanitation is limited among poorer households. These issues are discussed in greater detail in chapter 6 of this report. 210. Another area in which little has been achieved is that of victims’ rights. Specific problems pointed out in the CSAR are that existing legislation does not address the rights of the victim at the stage