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

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