THE CONSTITUTION OF LESOTHO *page 13

CHAPTER 1
THE KINGDOM AND ITS CONSTITUTION

The Kingdom and its territory

(1) Lesotho shall be a sovereign democratic kingdom.
(2) The territory of Lesotho shall comprise all the areas that immediately before 4th October
1966 were comprised in the former Colony of Basutoland together with such other areas
as may from time to time be declared by an Act of Parliament to form part of Lesotho.

The Constitution
2. This Constitution is the supreme law of Lesotho and if any other law is inconsistent with
this Constitution, that other law shall, to the extent of the inconsistency, be void.

Official languages, National Seal, etc.

3. (1) The official languages of Lesotho shall be Sesotho and English and, accordingly, no
instrument or transaction shall be invalid by reason only that it is expressed or
conducted in one of those languages.
(2) Subject to the provisions of this section, the National Seal of Lesotho shall be such
device, and the national anthem and national flag shall be such anthem and
flag, as the case may be, as may be prescribed by or under an Act of Parliament.
(3) A bill for an Act of Parliament for the purposes of this section shall not be presented
to the King for assent unless it is supported at the final voting in the National Assembly
by the votes of no less than two-

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duties of his office), take and subscribe the oath for the due execution of his office
which is set out in Schedule 1 to this Constitution.
(2) A Regent shall, before entering upon the duties of his office, take and subscribe the
oath of allegiance and the oath for the due execution of his office which is set out in
Schedule I to this Constitution.
(3) The oaths referred to in the foregoing provisions of this section shall be administered
to the King or, as the case may be, to the Regent, by the Chief Justice (or, in the
absence of the Chief Justice, by a judge of the Court of Appeal or some other judge of
the High Court) in the presence of such of the judges of the Court of Appeal, such of
the other judges of the High Court and such Ministers of the Government of Lesotho
and such other authorities of the Government of Lesotho as are able to attend.

Abdication

52. The King may, at any time, abdicate, but such abdication shall not affect the right of
any person who is entitled to succeed to the office of King.

Vacation of the office of King

53. (1) If, in the opinion of the Prime Minister -

(a) the King declines to take and subscribe the oath set out in Schedule I to this
Constitution;
 (b) the King having taken and subscribed the said oath, thereafter fails or declines
to abide by any of its terms; or
(c) the King is unable to perform the functions of his office due to infirmity of
body or mind, the Prime Minister may report the facts thereof to the National
Assembly and the Senate.
(2) On receiving a report under subsection (1), the National Assembly and the
Senate shall each determine and declare by resolution whether the
circumstances are such that the person holding the office of King should cease
to hold such office and, subject to the provisions of subsection

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(3) , where it is so declared that the person holding the office of King should cease
to hold that office, that person shall vacate the office of King with effect from
such date as may be specified in the resolution or if no date is so specified, on
the date on which the resolution is passed.
(3) Where the resolutions of the two Houses of Parliament made under subsection
(2) differ, the resolution of the National Assembly shall prevail.
(4) The Prime Minister shall cause to be published in the Gazette every resolution
made by the Houses of Parliament under this section and, if as a consequence
of such a resolution the person holding the office of King has vacated his
office, shall give notice of that fact and of the date (in this section referred to
as the “effective date”) of his so vacating his office.
(5) Whenever the person holding the office of King has vacated office in
accordance with this section, any act performed or anything done on or after
the effective date by the person so vacating the office or by the Regent or by a
person designated under this Constitution to perform the functions of the office
of King which purports to have been performed or done by such person in the
exercise of the office of King shall be null and void.

CHAPTER VI

PARLIAMENT

Part 1
Composition of Parliament

Establishment of Parliament
54. There shall be a Parliament which shall consist of the King, a Senate and a National
Assembly.

Composition of Senate
55. The Senate shall consist of the twenty-two Principal Chiefs and

*page 57

eleven other Senators nominated in that behalf by the King acting in accordance with the
advice of the Council of State:
Provided that -
(a) a Principal Chief may, by notice in writing to the President of the Senate,
designate any other person to be a Senator in his place either generally or for
any sitting or sittings of the Senate specified in the notice and may, by notice
in like manner, vary or revoke any such designation; and
(b) the Council of State shall not meet for the purpose of tendering advice to the
King for the nomination of Senators following a general election of members
of the National Assembly until after the first sitting of the National Assembly
following that general election.

Composition of National Assembly

56. The National Assembly shall consist of eighty members elected in accordance with
the provisions of this Constitution.

Elections to National Assembly

57. (1) Lesotho shall, in accordance with the provisions of section 67 of this
Constitution, be divided into constituencies and each constituency
shall elect one member to the National Assembly in such manner as, subject to
the provisions of this Constitution, may be prescribed by or
under any law.
(2) Subject to the provisions of subsections (3) and (4), every person who -
(a) is a citizen of Lesotho; and
(b) has attained the age of twenty-one years; and
(c) possesses such qualifications as to residence as may be prescribed by
Parliament,

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shall be qualified to be registered as an elector in elections to the National Assembly under a

law in that behalf; and no other person may be so registered.
(3) No person shall be qualified to be registered as an elector in elections to the
National Assembly who, at the date of his application to be registered -
(a) is, by virtue of his own act, under any acknowledgement of allegiance,
obedience or adherence to any foreign power or state; or
(b) is under sentence of death imposed on him by any court in Lesotho; or
(c) is, under any law in force in Lesotho, adjudged or otherwise declared to be of
unsound mind.
(4) Parliament may provide that a person who is convicted by any court of any
offence that is prescribed by Parliament and that is connected with the election
of members of the National Assembly or who is reported guilty of such an
offence by the court trying an election petition shall not be qualified to be
registered as an elector in elections to the National Assembly for such period
(not exceeding five years) following his conviction or, as the case may be,
following the report of the court as may be so prescribed.
(5) Subject to the provisions of subsections (6) and (7), every person who is
registered in any constituency as an elector in elections to the National
Assembly shall be qualified to vote in such elections in that constituency in
accordance with the provisions of any law in that behalf; and no other person
may so vote.
(6) Parliament may provide that a person who holds or is acting in any office that
 is specified by Parliament and the functions of which involve responsibility
for, or in connection with, the conduct of an election in any constituency shall
not be qualified to vote in that election in that constituency.
(7) Parliament may provide that a person who is convicted by any court of any
offence that is prescribed by Parliament and that is connected with the election
of members of the National Assembly or who is reported guilty of such an
offence by the court trying an election petition shall not be qualified to vote in
any election to the National Assembly for such period (not

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exceeding five years) following his conviction or, as the case may be,
following the report of the court as may be so prescribed.

Qualifications for membership of Parliament

58. (1) Subject to the provisions of section 59 of this Constitution, a person shall be
qualified to be nominated as a Senator by the King acting in
accordance with the advice of the Council of State or designated by a Principal
Chief as a Senator in his place if, and shall not be so qualified unless, at the date of
his nomination or designation, he -
(a) is a citizen of Lesotho; and
(b) is able to speak and, unless incapacitated by blindness or other physical cause,
to read and write either the Sesotho or English languages well enough to take
an active part in the proceedings of the Senate.
(2) Subject to the provisions of section 59 of this Constitution, a person shall be
qualified to be elected as a member of the National Assembly if, and shall not
be so qualified unless, at the date of his nomination for election, he -

(a) is a citizen of Lesotho; and

(b) is registered in some constituency as an elector in elections to the National
Assembly and is not disqualified from voting in such elections; and
(c) is able to speak and, unless incapacitated by blindness or other physical cause,
to read and write either the Sesotho or English language well enough to
take an active part in the proceedings of the National Assembly.

Disqualifications for membership of Parliament

59. (1) No person shall be qualified to be nominated as a Senator by the King acting
in accordance with the advice of the Council of State or

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Part 2
Legislation and Procedure in Parliament

Power to make laws

70. (1) Subject to the provisions of this Constitution, the legislative power of Lesotho
is vested in Parliament.
 (2) Nothing in subsection (I) shall be construed as preventing Parliament from
conferring on any other person or authority the power to make any
rules, regulations, by-laws, orders or other instruments having
legislative effect as Parliament may determine.

Oath to be taken by members of Parliament

71. (1) Every member of either House of Parliament shall, before taking his seat in
that House, take and subscribe the oath of allegiance before the House, but
a member may before taking and subscribing that oath take part in the
election of the President or of the Speaker.
(2) Any person elected as President or Vice-President or elected as Speaker or
Deputy Speaker shall, if he has not already taken and subscribed the
oath of allegiance under subsection (1), take and subscribe that oath before the
appropriate House before entering upon the duties of his office.

Presiding in Senate

72. There shall preside at any sitting of the Senate -

(a) the President of the Senate; or
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, such Senator as the
Senate may elect for that purpose.

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vision thereof include references to repealing it, with or without re-enactment
thereof or the making of different provision in lieu thereof, to
modifying it and to suspending its operation for any period.

CHAPTER
THE EXECUTIVE

Executive authority of Lesotho

86. The executive authority of Lesotho is vested in the King and, subject to the provisions
of this Constitution, shall be exercised by him through officers or authorities of
the Government of Lesotho.

Ministers of Government of Lesotho

87. (1) There shall be a Prime Minister who shall be appointed by the King acting in
accordance with the advice of the Council of State.

(2) The King shall appoint as Prime Minister the member of the National
Assembly who appears to the Council of State to be the leader of the
political party or coalition of political parties that will command the
support of a majority of the members of the National Assembly:

Provided that if occasion arises for making an appointment to the office of

Prime Minister while Parliament stands dissolved, a person who was a
 member of the National Assembly immediately before the dissolution may be
appointed to the office of Prime Minister.
(3) There shall be, in addition to the office of Prime Minister, such other offices of
Minister of the Government of Lesotho (not being less than seven in
number and one of which shall be the office of Deputy Prime Minister) as
may be established by Parliament or, subject to any provision made by
Parliament, by the King, acting in accordance with the advice of the
Prime Minister.
(4) The King shall, acting in accordance with the advice of the Prime Minister,
appoint the other Ministers from among the members of the National
Assembly or from among the Senators who are nominated as Senators

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by the King under section 55 of this Constitution:

Provided that if occasion arises for making an appointment to the office of

Minister other than Prime Minister while Parliament stands dissolved a person
who immediately before the dissolution was a member of the National
Assembly or such a Senator may be appointed to the office of Minister.

(5) The King may, acting in accordance with the advice of the Council of State,
remove the Prime Minister from office -
(a) if a resolution of no confidence in the Government of Lesotho is passed by the
National Assembly and the Prime Minister does not within three days
thereafter, either resign from his office or advise a dissolution of Parliament;
or
(b) if at any time between the holding of a general election to the National
Assembly and the date on which the Assembly first meets thereafter, the King
considers that, in consequence of changes in the membership of the Assembly
resulting from that election, the Prime Minister will no longer be the leader of
the political party or coalition of political parties that will command the
support of a majority of the members of the Assembly.
(6) The office of the Prime Minister shall become vacant -
(a) if he ceases to be a member of the National Assembly otherwise than by
reason of a dissolution of Parliament; or
(b) if, when the National Assembly first meets after a dissolution of Parliament,
he is not then a member thereof.
(7) The office of a Minister other than the Prime Minister shall become vacant -
(a) if he ceases to be a member of either House of Parliament otherwise than by
reason of a dissolution of Parliament; or
(b) if he becomes a Senator other than a Senator nominated under section 55 of
this Constitution; or
(c) if, when the two Houses of Parliament first meet after a diss-

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olution he is not then either a member of the National Assembly or a Senator
nominated under section 55 of this Constitution; or
(d) if the King, acting in accordance with the advice of the Prime Minister, so
directs; or
 (e) if the Prime Minister resigns from office within three days after the passage by
the National Assembly of a resolution of no confidence in the Government of
Lesotho or is removed from office under subsection (5); or
(f) on the appointment of any person to the office of Prime Minister.
(8) A resolution of no confidence in the Government of Lesotho shall not be
effective for the purposes of subsections (5) (a) and (7) (e) unless it proposes the
name of a member of the National Assembly for the King to appoint in the place
of the Prime Minister.

Cabinet

88. (1) There shall be a Cabinet of Ministers, consisting of the Prime Minister and the
other Ministers.
(2) The functions of the Cabinet shall be to advise the King in the government of
Lesotho, and the Cabinet shall be collectively responsible to the two
Houses of Parliament for any advice given to the King by or under the
general authority of the Cabinet and for all things done by or under the
authority of any Minister in the execution of his office.

(3) The provisions of subsection (2) shall not apply in relation to -

(a) the appointment and removal from office of Ministers and Assistant Ministers,
the assignment of responsibility to any Minister under section 89 of this
Constitution or, save in circumstances set out in the proviso to section 90(3),
the authorisation of another Minister under section 90 of this Constitution
to exercise the functions of the Prime Minister

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during the latter’s absence or illness; or

(b) the dissolution or prorogation of Parliament.

Allocation of portfolios to Ministers

89. The King, acting in accordance with the advice of the Prime Minister, may, by
directions in writing, assign to the Prime Minister or any other Minister responsibility for any
business of the Government of Lesotho, including the administration of any department of
Government:

Provided that authority to exercise any power or discharge any duty that is conferred or
imposed by this Constitution or any other law on the King or on any other person or
authority, not being the Minister concerned, shall not be conferred or imposed upon any
Minister under this section.

Exercise of Prime Minister’s functions during absence or illness

90. (1) Whenever the Prime Minister is absent from Lesotho or is by reason of illness
unable to exercise the functions conferred on him by this Constitution, those functions (other
than the functions conferred by this section) shall be exercised by -

(a) the Deputy Prime Minister; or

 (b) if the office of Deputy Prime Minister is vacant or the Deputy Prime Minister
is absent from Lesotho or is by reason of illness unable to exercise the
functions of the office of Prime Minister, by such other Minister as the King may
authorise in that behalf.
(2) A Minister who is authorised by the King in pursuance of subsection (1) (b) to
exercise the functions conferred on the Prime Minister by this
Constitution may exercise those functions until his authority is revoked by
the King.
(3) The powers of the King under this section shall be exercised by him in
accordance with the advice of the Prime Minister:

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Provided that if the King considers that it is impracticable to obtain the advice of the Prime
Minister owing to his absence or illness, he shall act in accordance with the advice of the
Cabinet.
Exercise of the King’s functions

91. (1) Subject to the provisions of section 137(4) of this Constitution, the King shall,
in the exercise of his functions under this Constitution or any other law,
act in accordance with the advice of the Cabinet or a Minister acting under
the general authority of the Cabinet except in cases where he is required by
this Constitution or any other law to act in accordance with the advice of
any person or authority other than the Cabinet.
(2) Where the King is required by this Constitution to do any act in accordance
with the advice of the Council of State and the Council of State is satisfied that
the King has not done that act, the Council of State may inform the King that
it is the intention of the Council of State to do that act after the expiration of a
period to be specified by the Council of State, and if at the expiration of that
period the King has not done that act, the Council of State may do that act
themselves and shall, at the earliest opportunity thereafter, report the matter to
Parliament; and any act so done by the Council of State shall be deemed to
have been done by the King and to be his act.
(3) Where the King is required by this Constitution to do any act in accordance
with the advice of any person or authority other than the Council of State, and
the Prime Minister is satisfied that the King has not done that act, the Prime
Minister may inform the King that it is the intention of the Prime Minister to
do that act himself after the expiration of a period to be specified by the Prime
Minister, and if at the expiration of that period the King has not done that act
the Prime Minister may do that act himself and shall, at the earliest
opportunity thereafter, report the matter to Parliament; and any act so done by
the Prime Minister shall be deemed to have been done by the King and to be
his act.
(4) No act of the King shall be valid to the extent that it is inconsistent with an act
deemed to be his act by virtue of subsection (2) or (3).
(5) Without prejudice to the generality of section 155(8) of this Constitution,
where the King is required by this Constitution to act in accordance with the
advice of way person or authority, the question whether

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he has received or acted in accordance with such advice shall not be enquired into in any
court.

(6) In this section, references to a requirement in this Constitution to act in accordance

with the advice of some person or authority include references to the advice of, and a
recommendation by, a tribunal and to the appointment to a tribunal of persons selected by any
person or authority and any such reference shall be construed as a requirement to act in
accordance with such advice, recommendation or selection.

The King’s right to be consulted and informed concerning matters of government

92. The King shall have the right to be consulted by the Prime Minister and the other
Ministers on all matters relating to the government of Lesotho and the Prime Minister shall
keep him fully informed concerning the general conduct of the government of Lesotho and
shall furnish him with such information as he may request in respect of any particular matter
relating to the government of Lesotho.

Assistant Ministers

93. (1) The King, acting in accordance with the advice of the Prime Minister, may
appoint Assistant Ministers, to assist Ministers in the performance of
their duties, from among the members of the National Assembly or from among the
Senators who are nominated as Senators by the King under section 55 of this
Constitution:

Provided that, if occasion arises for making an appointment while Parliament

stands dissolved, a person who immediately before the dissolution was a
member of the National Assembly or was such a Senator as aforesaid may be
appointed as an Assistant Minister.
(2) The provisions of section 87(7) of this Constitution shall apply in relation to
an Assistant Minister as they apply in relation to a Minister.

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Oath to be taken by Ministers and Assistant Ministers

94. A Minister or an Assistant Minister shill not enter upon the duties of his office unless
he has taken and subscribed an oath of allegiance and such oath for the due execution of his
office as may be prescribed by Parliament.

The Council of State

95. (1) There shall be in and for Lesotho a Council (to be styled the Council of State)
to assist the King in the discharge of his functions and to exercise such
other functions as are conferred by this Constitution.
(2) The Council of State shall consist of -
(a) the Prime Minister;
(b) the Speaker of the National Assembly;
(c) two judges or former judges of the High Court or Court of Appeal who shall
 be appointed by the King on the advice of the Chief Justice;
(d) the Attorney-General;
(e) the Commander of the Defence Force;
(f) the Commissioner of Police;
(g) a Principal Chief who shall be nominated by the College of Chiefs;
(h) two members of the National Assembly appointed by the Speaker from among
the members of the opposition party or parties. In making this appointment the
Speaker shall appoint the leader of the opposition and the leader of the
opposition party or coalition of parties having the next greatest numerical
strength. If there is only one opposition party the Speaker shall appoint
another member of that party;

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proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by
or at the instance of that person or authority and with the leave of the court.

(5) For the purposes of this section, any appeal from a judgement in criminal
proceedings before any court, or any case stated or question of law reserved
for the purpose of any such proceedings, to any other court shall be deemed to
be part of those proceedings:

Provided that the power conferred on the Director of Public Prosecutions by

subsection (2)(c) shall not be exercised in relation to any appeal by a person
convicted in any criminal proceedings or to any case stated or question of law
reserved at the instance of such a person.
(6) Save as provided in section 98(2)(b) of this Constitution, in the exercise of the
functions conferred on him by subsection (2) of this section or section 77 of
this Constitution the Director of Public Prosecutions shall not be subject to the
direction or control of any other person or authority.

Constitution of offices

100. Subject to the provisions of this Constitution and of any other law, the King may
constitute offices for Lesotho, make appointments to any such office and terminate any such
appointment.

Prerogative of Mercy

101. (1) The King may -

(a) grant to any person convicted of any offence under the law of Lesotho a
pardon, either free or, subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the
execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on
any person for such an offence; and

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(d) remit the whole or part of any punishment imposed on any person for such an
 offence or any penalty or forfeiture otherwise due to the King on account of
such an offence.
(2) The powers of the King under subsection (1) shall be exercised by him acting
in accordance with the advice of the Pardons Committee.

Pardons Committee on Prerogative of Mercy

102. (1) There shall be a Pardons Committee on the Prerogative of Mercy which shall
consist of a Chairman and two other members appointed by the King acting in
accordance with the advice of the Judicial Service Commission from among persons
who are not public officers or members of either House of Parliament.
(2) The office of the Chairman or of any other member of the Committee
appointed under subsection (1) shall become vacant -
(a) at the expiration of three years from the date of his appointment; or
(b) if the King, acting in accordance with the advice of the Judicial Service
Commission, so directs; or
(c) if any circumstances arise that, if he were not a member of the Committee,
would cause him to be disqualified to be appointed as such under subsection
(1).
(3) The Committee may act notwithstanding any vacancy in its membership and
its proceedings shall not be invalidated by the presence or participation of any
person not entitled to be present at or to participate in those proceedings.
(4) The Committee may regulate its own procedure.

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(3) The office of a Justice of Appeal shall not be abolished while there is a
substantive holder thereof.
(4) The Court of Appeal shall be a superior court of record and, save as otherwise
provided by Parliament, shall have all the powers of such a court.
(5) The Court may, in accordance with any directions issued from time to time by
the President, sit in Lesotho or elsewhere to dispose of any matter in relation
to an appeal, not involving the decision of the appeal, and such matter may be
disposed of by a single judge.

Appointment of judges of Court of Appeal

124. (1) The President shall be appointed by the King on the advice of the Prime
Minister.
(2) The Justices of Appeal shall be appointed by the King, acting in accordance
with the advice of the Judicial Service Commission after consultation with the
President.
(3) (a) A person shall not be qualified to be appointed as a Justice of Appeal
unless -
(i) he holds or has held office as a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of the
Commonwealth or in any country outside the Commonwealth that may
be prescribed by Parliament or a court having jurisdiction in appeals
from such a court; or
(ii) he holds one of the specified qualifications and has held one or other of
 those qualifications for a total period of not less than seven years.

(b) In this subsection “the specified qualifications” means the professional

qualifications specified by the Legal Practitioners Act 1983, or by or
under any law amending or