Rédaction Africa Links 24 with Sunday Express
Published on 2024-02-18 03:47:02
The opposition parties in Lesotho are unhappy with a recent Constitutional Court ruling that nullified the Ninth Amendment to the Constitution. The ruling was delivered by three High Court judges sitting as a Constitutional Court. The opposition parties argue that the Ninth Amendment was necessary to prevent the country from being constantly in election mode, as it was not sustainable to call for general elections whenever a Prime Minister was ousted through a no-confidence motion. They believe that the Court of Appeal should overturn the judgment.
Machesetsa Mofomobe, the leader of the Basotho National Party (BNP), stated that they will be appealing the ruling. He claimed that the judges on the panel misdirected themselves, and that they did not fully understand the powers of parliament in making laws. Justice Keketso Moahloli, who issued a dissenting judgment on procedural grounds, believed that the Ninth Amendment could have stood if it had been passed properly according to the constitution’s provisions for amending it. The other two judges, Justices T?eliso Monapathi and Molefi Makara, outlawed the Ninth Amendment for contradicting the basic structure of the Constitution as outlined in section 1.
Mofomobe expressed disagreement with the judges’ decision and stated their intention to escalate the matter to the Court of Appeal. He emphasized that they believe the dissenting voice of Justice Moahloli is correct and that the majority judges misdirected themselves. They hope for a prompt hearing of their appeal by the Court of Appeal.
Advocate Lekhetho Rakuoane, the former Minister of Law and Justice and leader of the Popular Front for Democracy (PFD), was a key supporter of the Ninth Amendment. He argued that the amendment was designed to save the country money by avoiding frequent unnecessary elections. He pointed out that snap elections could be a hindrance to national development as they require unbudgeted funds and resources that could be better utilized elsewhere. Rakuoane criticized the practice of raiding funds meant for other purposes to finance snap elections, as was done by former Prime Minister Pakalitha Mosisili in 2017.
The opposition parties and their supporters believe that the Ninth Amendment, known as “Kotopo,” was necessary to cut costs and prevent the misuse of public funds for unnecessary elections. They argue that the power of parliament to remove a Prime Minister through a no-confidence motion should not result in immediate general elections, especially if the parliament has not yet completed its five-year term. They fear that allowing Prime Ministers to repeatedly call for snap elections to avoid no-confidence motions could damage the stability and credibility of the government.
In conclusion, the opposition parties in Lesotho are determined to appeal the Constitutional Court ruling nullifying the Ninth Amendment to the Constitution. They believe that the amendment was essential to avoid excessive costs and disruptions caused by frequent snap elections. They hope that the Court of Appeal will consider their arguments and overturn the judgment in order to uphold the stability and integrity of the government.
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