Executive summary
5. Good and best practices
5.1
In the review of Lesotho, four best practices have been identified and are briefly outlined below:
5.1 Security sector reforms
5.2
Security sector reforms involved the establishment of civil control of the military and the police,
in line with the re-establishment of a democratic order from 1993. Security sector reforms also
involved measures to depoliticise and professionalise the security services. These measures have
contributed to the attainment of relative peace and stability in the political system.
5.2 Constitutional monarchy
5.3
The constitution of Lesotho of 1993 established the constitutional monarchy and avowed the
constitution as the supreme law of the land. This was affirmation of the trust and reverence that
the Basotho have for their traditional form of governance, as well as confidence that such form can
coexist with a state system derived from foreign influences. The constitutional provisions defined
the functions, responsibilities and roles of the king in relation to the other organs of governance;
hence they provided a framework for regulated and predictable working relationships that reduced
political uncertainties and potential conflicts which could destabilise the nation.
5.3 Electoral system reform
5.4
The IEC was established after a constitutional amendment in 1997. It is responsible for the
administration of elections for the National Assembly and local government and for the
administration of referendums. In 2002, an MMP system was adopted after substantial
consultations among the political parties and other stakeholders. The system combines the
constituency elections for 80 members of Parliament elected on a first-past-the-post (FPTP)
basis and a proportional representation compensatory system for 40 members. The negotiated
compromise is highly regarded for having affirmed the maturity of the Basotho to conduct open
dialogue and find own solutions for political conflict. The reformed electoral system is credited
with having improved political inclusiveness, widened representation, and conferred legitimacy on
political practices. All these factors may have contributed to the relative peace and stability that
have been experienced from 2002.
5.4 Promotion of the rights of women
5.5
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Lesotho has created institutions, passed laws and developed policies to promote the rights
of women. The Legal Capacity of Married Persons Act (Act 9 of 2006) effectively eliminates
discrimination against women in all walks of life (except in the instance of inheritance), including
women married under customary law. In 2000, a Gender and Child Protection Unit was established.
The Local Government Amendment Act 2004 (section 4, subsection 3) requires 30 per cent of local