‘Mantšali Phakoana
Civil society organisations are among a section of society that has applauded the government for working ‘selflessly’ towards implementing the reforms process by presenting the original Omnibus Bill from the Plenary II.
Former National Reforms Authority (NRA) committee members in collaboration with non-governmental organisations; Bacha-Shut-Down and Naka-la-Mohlomi made their feelings known at a press conference this week.
This comes after the minister of justice and law, Richard Ramoeletsi this week reintroduced the highly-anticipated two Amendments to the Constitution Bills in the National Assembly.
The Bills that have been presented for the first time for parliamentary consideration are the Tenth Amendment to the Constitution Bill, 2024 and the Eleventh Amendment to the Constitution Bill, 2024.
These sectors had accused the previous government of cutting out some clauses of the Tenth Amendment to the Constitution Bill – known as the Omnibus Bill, as per the Plenary II in order – to serve their selfish interests.
As a result, they have now commended the government for making headway with the reforms process, and incorporating ordinary citizens’ voices in the process.
Former NRA committee member who was representing media sector, Nkoale Tšaoana, indicated that the sector was satisfied that all the sections that had been expunged from the original Bill have now been reinstated.
He commended the government for heeding a long-time concern from stakeholders and doing what was right for the people.
“We had for a long time raised our concerns on certain sections that had been culled out of the original Bill. Now, we have learned that sections in question have been reincorporated.
“We have also noted that some sections such as the one on freedom of expression and access to information will require a referendum for them to pass in parliament.
“As far as we are concerned, the current Bills that have been presented serve the interests of the nation and we are pleased the government had heeded our misgivings. It is now in the hands of the legislators to do the right thing and pass the Bills,” he noted.
For his part, Naka-la-Mohlomi co-founder, Moorosi Moshoeshoe affirmed their commitment to assist the parliamentary committees during the process of considering the Bills, to ensure the end product is in the interest of Basotho.
“We will avail ourselves to assist the relevant parliamentary committees as they will be considering these Bills.
“We are also expecting parliament to play its role now. That can only be successful with the spirit of oneness and collaboration with other stakeholders such as former NRA members.
“We further declare that, as civil society organisations and formers NRA committee members, we will play our role of overseeing parliament’s journey towards implementing these laws, and holding them accountable where need be,” Moshoeshoe concluded.
The purpose of the two Bills is to amend the Constitution of Lesotho 1993, to give effect to the resolutions of the Multi-Stakeholder National Dialogue on comprehensive national reforms as espoused in the Plenary II report. The Bills are a result of consultations and debates among members of the National NRA and a wide number of stakeholders.
The Tenth Amendment to the Constitution Bill, 2024 makes provision for among others, the crossing of the floor in the National Assembly after a period of three years. According to the Bill, the persons who become members of the parliament through proportional representation are not permitted to cross the floor.
As for the Eleventh Amendment to the Constitution Bill, 2024 it changes the designation of the Ombudsman to the Public Protector. The status of the office of the Public Protector as per the Bill has been elevated to that of an independent and autonomous body accountable to parliament among other provisions.
The Tenth Amendment and the Eleventh Amendment will require simple and two thirds majority support to pass in the parliament respectively. They have now been referred to the relevant parliamentary committees for consideration. The Bills are part of the reforms process initiated by the Southern African Development Community (SADC) in 2014.
Speaking at a press conference after the presentation of the Bills in the National Assembly, Ramoeletsi noted that the Bills are expected to take 30 days in the relevant parliamentary committees.
During this period, the minister called on everyone with concerns regarding the Bills to present their cases before the committees, “although it is upon them to reject or consider such concerns.”
Ramoeletsi noted that in accordance with Section 85 of the Constitution 1993, the Eleventh Amendment to the Constitution, 2022 known as Omnibus Bill will be categorised in three forms; one that will require simple majority, two-thirds majority and lastly referendum to pass in parliament.
Ramoeletsi indicated that although the government has made progress in presenting the Bills, the last Twelfth Amendment to the Constitution Bill, 2024 that will need a referendum to pass in parliament would be delayed due to budget constraints.
“The government has set aside a budget for this process, except for the Twelfth Amendment to the Constitution Bill that will need a referendum to pass in parliament. This process is costly, like the general elections hence a need for further preparations.
“Hopefully, we will get the funds in the mid-term budget. The IEC (Independent Electoral Commission) also will need to get ready and prepare for the referendum process.”
Asked about government’s confidence to gain support from opposition, Ramoeletsi said: “I would like to leave that in the hands of God. I can’t say I am confident, but I believe everyone who is elected as a member of parliament will do their responsibility to respond to the needs of the nation because this Bill is going to facilitate the processes in the future to ensure public service delivery.”
Ramoeletsi added that the process of passing the Bills was not for or about the current government but for Basotho who have elected them to put it in motion, and therefore it would only be fair for members of parliament to play their part and pass the Bills.
“The successful passage of this Bill is going to make it easy for the government to govern because without proper legal document, it is always difficult to do so,” Ramoeletsi added.
The process of passing the Tenth Amendment to the Constitution Bill, 2022, had encountered several setbacks and the National Assembly had to pause the process to give space to the judiciary process to take its cause.
The process only ended in November 2023 with a Court of Appeal judgement. Following the judgment, the government of prime minister Samuel Matekane convened consultation meetings with representatives of different stakeholders on December 21, including leaders of political parties in and outside the National Assembly, civil society organisations, development partners.
During the consultations, the government acknowledged and accepted the decision and direction provided by apex court and assured the stakeholders of its intention to the table the Bill to parliament. On the other hand, leaders of opposition parties could not show up at the meeting.
The consultation meetings included a one-day induction and validation workshop for the legislative committee of Senate and portfolio committee on law and public safety cluster in the National Assembly, and the chairpersons of the former NRA technical committees on March 18, 2024.
The purpose was to induct the committees on the contents of the Bill and further allow the chairpersons of the former NRA technical committees to validate them.
A former NRA member, Sebehela Selepe, commended the government for presenting the Bills before the National Assembly as he noted it had not been a smooth journey thus far.
He reassured their commitment as former NRA members and chairpersons of the technical committees to work hand in hand with parliament and all stakeholders to ensure the successful implementation of the reforms.
“The chairpersons of the technical committees will avail themselves to parliament in all ways to assist in the process. Let us all remember that we are doing this for this nation and not anyone else,” Selepe noted.
