Chapter three: Democracy and good political governance
dispensation in the country. The Act is consistent with the overall constitutional provisions as
outlined above. However, the Act further clarifies command, control and administration, defines
the role of the commander much more clearly, and underscores civil control of the military.
159.
Civil control of the military is provided for in the following operational provisions:
•
The deployment of the military rests with the king, acting on the advice of the prime
minister.
•
The defence force shall be employed in defence of Lesotho, for the prevention or suppression
of terrorism and internal disorder, for the maintenance of essential services, including
maintenance of law and order, for the prevention of crime, and for such other duties as may
be determined by the prime minister and minister of defence and national security from time
to time.
160.
The Act also establishes the Defence Council, whose responsibilities include making
recommendations to the Cabinet on the formulation and implementation of defence policy.
161.
The commander’s role is spelt out as comprising:
•
Command and control.
•
The maintenance of proper discipline.
•
The improvement or simplification of organisation, methods and procedures.
•
Securing the most economic and efficient utilisation of the resources provided for the
maintenance of the defence force.
162.
The commander is duty bound to report regularly to the prime minister and the minister of defence
and national security on all matters under his charge relating to both operational and policy issues
concerning the defence force.
163.
Events were later to indicate that this security sector reform by way of legal provisions would not
be effective. The politicisation of the security services during the 27 years of authoritarian rule
(1966–1986) and military rule (1986–1993) was so entrenched that it seemed the legal framework
could not effectively establish civilian control over the military. The military was suspected of
sympathising with the opposition alliance during the 1997 political crisis following the LCD split
from the BCP and the latter’s assumption of power through parliamentary floor crossing. The
military mutinied during the 1998 postelection violence, kidnapping and murdering government
officials and humiliating the senior command.
164.
Consequently, it became necessary to launch the second phase of security sector reform in a more
operational manner. First, the government invited foreign military assistance for the purpose of
restoring security and stability, since the military of Lesotho had mutinied. It may be recalled that,
following a series of crises, a Memorandum of Understanding (MoU) was signed in September
1994 which, among other things, recognised South Africa, Botswana and Zimbabwe as the
guarantors of Lesotho’s democracy on behalf of the SADC.
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