THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN
CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE
AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
15(2) and 16(2) of the constitution limit these freedoms for the interest of defence, for
protecting other persons and imposing restrictions on public officers.34
Legislative measures
88. Freedom of association and assembly is further protected through a number of legislations
such as:
Public Meetings and Processions Act No. 14 of 2010. Section 3 of this Act
provides for application process of holding a procession or an assembly. In order to
ensure that the application process is not abused, the Act provides that the police
should exercise their power timeously and favourably unless exceptional
circumstances exists which would harm peace and public safety and security. The
Act allows for an appeal to be lodged with the Minister responsible for Police should
the Commissioner of Police refuse to grant a permit to conduct a peaceful assembly
within the ambits of the law. In 2016, the Minister of Police upheld an appeal by
students of the National University of Lesotho who were assembling against the
government on what they perceived as a flagrant use of state resources to finance
a controversial government fleet tender.
The Labour Code Order No. 24 of 1992 permits freedom of association for both
employers and employees.35 It also allows for the freedom of assembly in a form of
industrial actions such as strikes and lock-outs.36
The Public Service Act of 2005 allows public servants freedom of association.
Judicial measures
34
Sections 15(2) and 16(2) respectively for the interests of defence, for protecting other persons and imposing
restrictions on public officers.
35 Labour Code Order sections 6 and 168.
36 Labour Code Order section 229.
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