INDEX OF LESOTHO
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Prosecutorial Independence in Lesotho: A Critique of the ModelThe Constitution of Lesotho is substantially cast on the Westminster prototype. As such, its institutions, by and large, reflect the structure of similar institutions at Westminster. The institution of the Director of Public Prosecutions (DPP) is no different: it has been designed to mirror its namesake under the British constitutional design. The underlying feature of classic British-based constitutions is the weak separation of powers and the predominance and condescending nature of the executive branch of government, as incarnated by the office of the Prime Minister. As such, most institutions within the design are beholden to the executive in general and to the Prime Minister in particular. The institution of the DPP is integral in the administration of criminal justice. Hence, its independence and its accountability in the discharge of this important constitutional mandate are of paramount importance. This notwithstanding, the Constitution of Lesotho is generally weak on safeguarding the independence of the office of the DPP and ensuring its corresponding duty of accountability. The purpose of this article is to critique the constitutional design in relation to the office of the DPP and to expose the deficiency of the constitutional clause establishing the Lesotho DPP office. The article contends that while the Constitution, under section 141, provides for some small measure of independence of this office, the broader schematisation of the Constitution is feeble on the independence and accountability of the office. The article analyses the constitutional design of the Lesotho DPP office in comparison with international developments.
The Trajectory of Contemporary Governance in Lesotho: A Transition towards Coalition GovernmentThis paper examines the success story of the formation of coalition government in Lesotho. Lesotho has since 1970 experienced a chequered history of authoritarian and military rules until 1993 when the country went democratic. Interestingly, within two decades of the country ’s multiparty democratic experience, it has experimented with multiple governmental systems viz; in 1993 1998, it adopted First Past the Post or winner takes all model, and then in 2001, it adopted Mixed Member Proportion model, which brought some stability within the unitary parliamentary governance. In 2012 the latter model gave impetus to a new model of coalition government. Unfortunately, however, the three-party coalition government was interrupted in 20 14 by a military adventurism which gave rise to the 2015 nap elections that led to another seven-party coalition government. Interestingly, another faction occurred from the seven-party coalition and a vote of no confidence was passed by the opposition against the ruling coalition, which led to the early 2017 elections. The third coalition governance of four parties was established after the elections and took its term of five years before the elections of October 2022 that established a “of three parties coalition under the leadership of a prominent businessman. This paper posits that although coalition model has been accepted by the Lesotho people, however, it has come with increasing cost on executive expenditure, as it puts great burden on taxpayers. This paper recommends the inclusion in the democratic discourse (conversation), a blend of the western democratic culture with traditional African culture in administering the affairs of the state since the two are not mutually exclusive.