Rédaction Africa Links 24 with Sunday Express
Published on 2024-02-18 03:54:08
The Constitutional Court of Lesotho made a significant ruling on Friday by nullifying the Ninth Amendment to the Constitution. This decision has major implications for the country’s political landscape, especially regarding the power of the Prime Minister to dissolve parliament and call for snap elections to avoid being ousted through a parliamentary no-confidence motion.
Before the Ninth Amendment was enacted in May 2020, the Prime Minister had the authority to approach the King to dissolve parliament in the face of a no-confidence motion. However, the Amendment sought to prevent this by requiring the Prime Minister to step down and allow the majority of parliament members to select a replacement without triggering general elections. This was done to prevent the turmoil that had previously engulfed the country following successful no-confidence votes in 2015.
The Constitutional Court found the Ninth Amendment inconsistent with the principles of democracy outlined in Section 1 of the Constitution. Justices T?eliso Monapathi and Molefi Makara declared the Amendment unlawful, citing its infringement on democratic values. While Justice Keketso Moahloli agreed that the Amendment was flawed due to improper procedures followed in its enactment, he also deemed it unconstitutional.
The ruling effectively reverts Lesotho to the pre-amendment conditions, where the Prime Minister can advise the King to dissolve parliament and call for snap elections to avoid being ousted. This decision has saved Prime Minister Sam Matekane from potential ousting through a recent no-confidence motion filed against him.
The motion, led by opposition parties, aimed to replace Prime Minister Matekane with another candidate. However, the Constitutional Court challenge initiated by Matekane’s party member, Lejone Puseletso, halted the proceedings and ultimately led to the nullification of the Ninth Amendment. This legal battle highlighted the constitutional complexities and power struggles within the country’s political landscape.
Despite the ruling, the opposition parties are considering appealing to the Court of Appeal to overturn the decision. The uncertainty and legal challenges surrounding the Ninth Amendment have added further complexities to Lesotho’s political environment.
In conclusion, the Constitutional Court’s ruling on the Ninth Amendment has reshaped the power dynamics within Lesotho’s government. The Prime Minister now possesses the authority to dissolve parliament and call for fresh elections, potentially avoiding immediate ousting through parliamentary motions. This landmark decision underscores the delicate balance between executive power, constitutional principles, and democratic values in the country’s governance system.
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