Lesotho Constitution of 1993

PDF generated: 12 Mar 2020, 22:53
constituteproject.org
Lesotho's Constitution of 1993

with Amendments through
2011
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
constituteproject.org PDF generated: 12 Mar 2020, 22:53
Table of contents
CHAPTER I: THE KINGDOM AND ITS CONSTITUTION . . . . . . . . . . . . . . . . . . . 8
1. The Kingdom and its territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2. The Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3. Official languages, National Seal, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
CHAPTER II: PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND

FREEDOMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4. Fundamental human rights and freedoms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5. Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6. Right to personal liberty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7. Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8. Freedom from inhuman treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9. Freedom from slavery and forced labour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10. Freedom from arbitrary search or entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11. Right to respect for private and family life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12. Right to fair trial, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13. Freedom of conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14. Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15. Freedom of peaceful assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16. Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17. Freedom from arbitrary seizure of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
18. Freedom from discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19. Right to equality before the law and the equal protection of the law . . . . . . . . . . . . . . . . . . 23
20. Right to participate in government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21. Derogation from fundamental human rights and freedoms . . . . . . . . . . . . . . . . . . . . . . . . . 23
22. Enforcement of protective provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23. Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24. Interpretation and savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
CHAPTER III: PRINCIPLES OF STATE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . 26

25. Application of the principles of State policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26. Equality and justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
27. Protection of health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28. Provision for education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29. Opportunity to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30. Just and favourable conditions of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31. Protection of workers' rights and interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31A. Protection of victims of crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32. Protection of children and young persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Lesotho 1993 (rev. 2011) Page 2

33. Rehabilitation, training and social resettlement of disabled persons . . . . . . . . . . . . . . . . . . 29

34. Economic opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
35. Participation in cultural activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36. Protection of the Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER IV: CITIZENSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

37. Persons who are citizens on the coming into operation of the Constitution . . . . . . . . . . . . . 30
38. Persons born in Lesotho after the coming into operation of the Constitution . . . . . . . . . . . . 30
39. Persons born outside Lesotho after the coming into operation of the Constitution . . . . . . . . 30
40. Marriage to Lesotho citizen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41. Dual citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42. Powers of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CHAPTER V: THE KING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

44. The Office of King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45. Succession to the throne of Lesotho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46. The Regent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47. Proceedings in High Court and Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
48. Civil List of the King and remuneration of Regent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49. Immunity of the King and Regent from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50. Protection of the King and of certain persons in respect of legal proceedings . . . . . . . . . . . . 35
51. Oaths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
52. Abdication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
53. Vacation of the office of King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
CHAPTER VI: PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Part 1: Composition of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
54. Establishment of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
55. Composition of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
56. Composition of National Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
57. Elections to National Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58. Qualifications for membership of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
59. Disqualifications for membership of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
60. Tenure of seats of members of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
61. President of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
62. Vice-President of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
63. Speaker of National Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
64. Deputy Speaker of National Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
65. Clerks to Houses of Parliament and their staffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
66. Independent Electoral Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

66A. Powers, duties and functions of Electoral Commission . . . . . . . . . . . . . . . . . . . . . . . . . . 46

66B. Decisions of Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
66C. Independence of Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
66D. Funds and expenses of Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67. Delimitation of Constituencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
69. Decision of questions as to membership of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Part 2: Legislation and Procedure in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
70. Power to make laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71. Oath to be taken by members of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
72. Presiding in Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
73. Presiding in National Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
74. Quorum in the Houses of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
75. Voting in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
76. Right of Ministers, Deputy Ministers and the Attorney-General to address either House,
etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77. Unqualified persons sitting or voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
78. Mode of exercise of legislative power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
79. Restrictions with regard to certain financial measures . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
80. Limitation of powers of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
81. Regulation of procedure in Parliament etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 3: Summoning, Prorogation and Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
82. Sessions of Parliament, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
83. Prorogation and dissolution of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
84. General elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
84A. Power of Parliament to enact further provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
84B. Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
CHAPTER VII: ALTERATION OF CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . 55

85. Alteration of Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
CHAPTER VIII: THE EXECUTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

86. Executive authority of Lesotho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
87. Ministers of Government of Lesotho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
88. Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
89. Allocation of portfolios to Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
90. Exercise of Prime Minister's functions during absence, being on leave or illness . . . . . . . . . . 58
91. Exercise of the King's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
92. The King's right to be consulted and informed concerning matters of government . . . . . . . . 59
93. Deputy Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
94. Oath to be taken by Ministers and Deputy Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
95. The Council of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

96. Principal Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

97. Government Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
98. Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
99. Director of Public Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
100. Constitution of offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
101. Prerogative of Mercy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
102. Pardons Committee on Prerogative of Mercy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
103. Chiefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
104. College of Chiefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
105. National Advisory Planning Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
106. Local authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
CHAPTER IX: LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

107. Land vested in Basotho Nation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
108. Power to allocate land, etc. vested in the King in trust for Basotho Nation . . . . . . . . . . . . . 67
109. Laws regulating principles on which land may be allocated, etc . . . . . . . . . . . . . . . . . . . . . 67
CHAPTER X: FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
110. Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111. Withdrawals from Consolidated Fund or other public funds . . . . . . . . . . . . . . . . . . . . . . . 68
112. Authorisation of expenditure from Consolidated Fund by appropriation . . . . . . . . . . . . . . 68
113. Authorisation of expenditure in advance of appropriation . . . . . . . . . . . . . . . . . . . . . . . . 69
114. Contingencies Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
115. Remuneration of certain officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
116. Public debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
117. Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
CHAPTER XI: THE JUDICATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Part 1: The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
118. The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 2: The High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
119. Establishment of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
120. Appointment of judges of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
121. Tenure of office of Chief Justice and other judges of High Court . . . . . . . . . . . . . . . . . . . 73
122. Oath by judges of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 3: The Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
123. Establishment of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
124. Appointment of judges of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
125. Tenure of office of appointed judges of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . 76
126. Oath by judges of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Part 4: Subordinate Courts, Courts-Martial and Tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

127. Establishment of other courts and Tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

128. Reference to High Court in cases in subordinate courts etc. involving interpretation of
Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Part 5: Appeals and Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
129. Appeals to the Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
130. Appeals to the High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
131. Rules of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 6: Judicial Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
132. Judicial Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
133. Appointment, etc. of judicial officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
CHAPTER XIA: HUMAN RIGHTS COMMISSION . . . . . . . . . . . . . . . . . . . . . . . 81

133A. Establishment of the Human Rights Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133B. Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133C. Qualification for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133D. Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133E. Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133F. Functions of the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
133G. Assistance to the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
133H. Annual report of the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
CHAPTER XII: THE OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

134. The Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
135. Functions of Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
CHAPTER XIII: THE PUBLIC SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

136. Public Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
137. Appointment, etc. of public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
139. Principal Secretaries and Government Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
140. Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
141. Director of Public Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
142. Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
143. Principal representatives of Lesotho abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
144. Teaching Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
145. Defence Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
146. Courts-Martial Appeal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
147. Police Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
148. National Security Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
149. Lesotho Correctional Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
150. Pensions laws and protection of pension rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
151. Power to withhold pensions, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

CHAPTER XIV: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

152. Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
153. Re-appointments and concurrent appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
154. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
155. Construction of Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
CHAPTER XV: TRANSITIONAL AND TEMPORARY PROVISIONS . . . . . . . . . . . 98

156. Existing law and related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
157. The King and the Regent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
158. Prime Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
159. The Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
160. Rules of Procedure of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
161. High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
162. Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
163. Existing public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
164. Salaries charged on the Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
165. Declaration of public emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
166. Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
SCHEDULE 1: OATH OF OFFICE OF KING OR REGENT (Section 51) . . . . . . . . 102

SCHEDULE 2: PRINCIPAL CHIEFS (Section 103(1)) . . . . . . . . . . . . . . . . . . . . . 102
SCHEDULE 3: OATH OR AFFIRMATION OF ALLEGIANCE (Section 154) . . . . . 102

CHAPTER I: THE KINGDOM AND ITS CONSTITUTION
1. The Kingdom and its territory

• Type of government envisioned 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.
• Constitutionality of legislation 2. The Constitution

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.
3. Official languages, National Seal, etc

• Official or national languages 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.
• National anthem 2. Subject to the provisions of this section, the National Seal of Lesotho shall be
• National flag
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.
• Supermajority required for legislation 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-thirds of all the members of
the National Assembly.
CHAPTER II: PROTECTION OF FUNDAMENTAL HUMAN

RIGHTS AND FREEDOMS
4. Fundamental human rights and freedoms

• General guarantee of equality 1. Whereas every person in Lesotho is entitled, whatever his race, colour, sex,
• Equality regardless of gender
• Equality regardless of skin color language, religion, political or other opinion, national or social origin, property,
• Equality regardless of creed or belief
• Equality regardless of financial status birth or other status to fundamental human rights and freedoms, that is to say,
• Equality regardless of political party
• Equality regardless of parentage to each and all of the following--
• Equality regardless of origin
• Equality regardless of race
• Equality regardless of language
• Equality regardless of religion a. the right to life;
• Right to life
b. the right to personal liberty;
c. freedom of movement and residence;

• Freedom of movement
• Prohibition of cruel treatment

d. freedom from inhuman treatment;
• Prohibition of slavery e. freedom from slavery and forced labour;
• Regulation of evidence collection f. freedom from arbitrary search or entry;

• Right to privacy

• Right to privacy g. the right to respect for private and family life;
• Right to fair trial h. the right to a fair trial of criminal charges against him and to a fair
determination of his civil rights and obligations;
• Freedom of opinion/thought/conscience i. freedom of conscience;
• Freedom of expression j. freedom of expression;
• Freedom of assembly k. freedom of peaceful assembly;
• Freedom of association l. freedom of association;
• Protection from expropriation m. freedom from arbitrary seizure of property;
n. freedom from discrimination;
o. the right to equality before the law and the equal protection of the law; and
p. the right to participate in government,

the provisions of this Chapter shall have effect for the purpose of affording
protection to those rights and freedoms, subject to such limitations of that
protection as are contained in those provisions, being limitations designed to
ensure that the enjoyment of the said rights and freedoms by any person does
not prejudice the rights and freedoms of others or the public interest.
• Binding effect of const rights 2. For the avoidance of doubt and without prejudice to any other provision of this
Constitution it is hereby declared that the provisions of this Chapter shall,
except where the context otherwise requires, apply as well in relation to things
done or omitted to be done by persons acting in a private capacity (whether by
virtue of any written law or otherwise) as in relation to things done or omitted to
be done by or on behalf of the Government of Lesotho or by any person acting in
the performance of the functions of any public office or any public authority.
• Right to life 5. Right to life

1. Every human being has an inherent right to life. No one shall be arbitrarily
deprived of his life.
2. Without prejudice to any liability for a contravention of any other law with
respect to the use of force in such cases as are hereinafter mentioned, a person
shall not be regarded as having been deprived of his life in contravention of this
section if he dies as the result of the use of force to such extent as is necessary in
the circumstances of the case--
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person

lawfully detained;
c. for the purpose of suppressing a riot, insurrection or mutiny; or

d. in order to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war or in execution of the sentence of
death imposed by a court in respect of a criminal offence under the law of
Lesotho of which he has been convicted.
6. Right to personal liberty

1. Every person shall be entitled to personal liberty, that is to say, he shall not be
arrested or detained save as may be authorised by law in any of the following
cases, that is to say--
a. in execution of the sentence or order of a court, whether established for

Lesotho or for some other country, in respect of a criminal offence of which
he has been convicted;
b. in execution of the order of the court punishing him for contempt of that
court or of a tribunal;
c. in execution of the order of a court made to secure the fulfilment of any

obligation imposed on him by law;
d. for the purpose of bringing him before a court in execution of the order of a
court;
e. upon reasonable suspicion of his having committed, or being about to

commit, a criminal offence under the law of Lesotho;
f. in the case of a person who has not attained the age of eighteen years, for
the purpose of his education or welfare;
g. for the purpose of preventing the spread of an infectious or contagious

disease;
h. in the case of a person who is, or is reasonably suspected to be, of unsound

mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care
and treatment or the protection of the community;
• Power to deport citizens i. for the purpose of preventing the unlawful entry of that person into
• Extradition procedure
• Restrictions on entry or exit Lesotho, or for the purpose of effecting the expulsion, extradition or other
lawful removal of that person from Lesotho or for the purpose of restricting
that person while he is being conveyed through Lesotho in the course of his
extradition or removal as a convicted prisoner from one country to
another; or

j. to such extent as may be necessary in the execution of a lawful order

requiring that person to remain within a specified area within Lesotho or
prohibiting him from being within such an area, or to such extent as may be
reasonably justifiable for the taking of proceedings against that person with
a view to the making of any such order or relating to such an order after it
has been made, or to such extent as may be reasonably justifiable for
restraining that person during any visit that he is permitted to make to any
part of Lesotho in which, in consequence of any such order, his presence
would otherwise be unlawful.
2. Any person who is arrested or detained shall be informed as soon as is
reasonably practicable, in a language that he understands, of the reasons for his
arrest or detention.
• Protection from unjustified restraint 3. Any person who is arrested or detained--
a. for the purpose of bringing him before a court in execution of the order of a
court; or
b. upon reasonable suspicion of his having committed, or being about to

commit, a criminal offence,
and who is not released, shall be brought before a court as soon as is reasonably
practicable, and where he is not brought before a court within forty-eight hours
of his arrest or from the commencement of his detention, the burden of proving
that he has been brought before a court as soon as is reasonably practicable
shall rest upon any person alleging that the provisions of this subsection have
been complied with.
• Protection from unjustified restraint 4. Where any person is brought before a court in execution of the order of a court
in any proceedings or upon suspicion of his having committed or being about to
commit an offence, he shall not be thereafter further held in custody in
connection with those proceedings or that offence save upon the order of a
court.
• Right to pre-trial release 5. If any person arrested or detained upon suspicion of his having committed, or
being about to commit, a criminal offence is not tried within a reasonable time,
then, without prejudice to any further proceedings that may be brought against
him, he shall be released either unconditionally or upon reasonable conditions,
including in particular such conditions as are reasonably necessary to ensure
that he appears at a later date for trial or for proceedings preliminary to trial.
• Protection from false imprisonment 6. Without prejudice to the generality of any other provision of this Constitution
or any other law by virtue of which a person is entitled to redress for a
contravention of this section, any person who is unlawfully arrested or detained
by any other person shall be entitled to compensation from that other person or
from any other person or authority on whose behalf that other person was
acting.
• Power to deport citizens

• Freedom of movement
7. Freedom of movement
• Restrictions on entry or exit
1. Every person shall be entitled to freedom of movement, that is to say, the right
to move freely throughout Lesotho, the right to reside in any part of Lesotho, the
right to enter Lesotho, the right to leave Lesotho and immunity from expulsion
from Lesotho.
2. Any restriction on a person's freedom of movement that is involved in his lawful
detention shall not be held to be inconsistent with or in contravention of this
section.

3. Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision--
a. for the imposition of restrictions in the interest of defence, public safety,

public order, public morality or public health on the movement or residence
within Lesotho of any person or any person's right to leave Lesotho:
Provided that a person shall not be permitted to rely in any judicial

proceedings upon such a provision of law as is referred to in this paragraph
except to the extent to which he satisfies the court that the provision or, as
the case may be, the thing done under the authority thereof does not
restrict the movement or residence within Lesotho or the right to leave
Lesotho of the person concerned to a greater extent than is necessary in a
practical sense in a democratic society in the interests of any of the matters
specified in this paragraph;
• Extradition procedure b. for the imposition of restrictions, by order of a court, on the movement or
residence within Lesotho of any person or on any person's right to leave
Lesotho either in consequence of his having been convicted of a criminal
offence under the law of Lesotho or for the purpose of ensuring that he
appears before a court at a later date for trial in respect of such a criminal
offence or for proceedings preliminary to trial or for proceedings relating to
his extradition or lawful removal from Lesotho;
c. for the prohibition from entry into Lesotho of a person who is not a citizen
of Lesotho;
d. for the imposition of restrictions on the freedom of movement of any

person who is not a citizen of Lesotho;
e. for the imposition of restrictions on the acquisition or use by any person of

land or other property in Lesotho;
f. for the imposition of restrictions upon the movement or residence within

Lesotho or on the right to leave Lesotho of any public officer;
• Extradition procedure g. for the removal of a person from Lesotho to be tried or punished in some
other country for a criminal offence under the law of that other country or
to undergo imprisonment in some other country in execution of the
sentence of a court in respect of a criminal offence of which he has been
convicted under the law of Lesotho; or
h. for the imposition of restrictions on the right of any person to leave Lesotho
that are necessary in a practical sense in a democratic society in order to
secure the fulfilment of any obligations imposed on that person by law.

4. If any person whose freedom of movement has been restricted by virtue of such
a provision as is referred to in subsection (3)(a) so requests at any time during
the period of that restriction not earlier than one month after the order was
made or three months after he last made such a request, as the case may be, his
case shall be investigated by an independent and impartial tribunal presided
over by a person appointed by the Chief Justice:
Provided that a person whose freedom of movement has been restricted by
virtue of a restriction that is applicable to persons generally or to general classes
of persons shall not make a request under this subsection unless he has first
obtained the consent of the High Court.
5. On any investigation by a tribunal in pursuance of subsection (4) of this section
of the case of any person whose freedom of movement has been restricted, the
tribunal may make recommendations concerning the necessity or expediency of
continuing that restriction to the authority by whom it was ordered and, unless
it is otherwise provided by law, that authority shall be obliged to act in
accordance with any such recommendations.
6. Nothing contained in or done under the authority of any provision of the
customary law of Lesotho shall be held to be inconsistent with or in
contravention of this section to the extent that that provision authorises the
imposition of restrictions upon any person's freedom to reside in any part of
Lesotho.
• Prohibition of cruel treatment

• Prohibition of torture
8. Freedom from inhuman treatment
1. No person shall be subjected to torture or to inhuman or degrading punishment
or other treatment.
question authorises the infliction of any description of punishment that was
lawful in Lesotho immediately before the coming into operation of this
Constitution.
• Prohibition of slavery 9. Freedom from slavery and forced labour

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression "forced labour" does not
include--
a. any labour required in consequence of the sentence or order of a court;
b. any labour required of any person while he is lawfully detained that, though
not required in consequence of the sentence or order of a court, is
reasonably required in the interests of hygiene or for the maintenance of
the place at which he is detained;
• Right to conscientious objection c. any labour required of a member of a disciplined force in pursuance of his
duties as such or, in the case of a person who has conscientious objections
to service as a member of a military or air force, any labour that that person
is required by law to perform in place of such service;

• Emergency provisions d. any labour required during any period when Lesotho is at war or a
declaration of emergency under section 23 of this Constitution is in force
or in the event of any other emergency or calamity that threatens the life or
well-being of the community, to the extent that the requiring of such labour
is reasonably justifiable, in the circumstances of any situation arising or
existing during that period or as a result of that other emergency or
calamity, for the purpose of dealing with that situation; or
e. any labour reasonably required by law as part of reasonable and normal

community or other civic obligations.
• Regulation of evidence collection

• Right to privacy
10. Freedom from arbitrary search or entry
1. Every person shall be entitled to freedom from arbitrary search or entry, that is
to say, he shall not (except with his own consent) be subjected to the search of
his person or his property or the entry by others on his premises.
a. in the interests of defence, public safety, public order, public morality,

public health, town and country planning, the development or utilisation of
mineral resources or the development or utilisation of any other property
in such a manner as to promote the public benefit;
b. for the purpose of protecting the rights or freedoms of other persons;
c. that authorises an officer or agent of the Government of Lesotho or of a

local government authority or of a body corporate established by law for
public purposes to enter on the premises of any person for the purpose of
inspecting those premises or anything thereon in connection with any tax,
rate or due or for the purpose of carrying out work connected with any
property that is lawfully on those premises and that belongs to that
Government, authority or body corporate, as the case may be; or
d. that authorises, for the purpose of enforcing the judgement or order of a

court in any civil proceedings, the entry upon any premises by order of a
court.
3. A person shall not be permitted to rely in any judicial proceedings upon such a
provision of law as is referred to in subsection (2) except to the extent to which
he satisfies the court that that provision or, as the case may be, the thing done
under the authority thereof does not abridge the freedom guaranteed by
subsection (1) to a greater extent than is necessary in a practical sense in a
democratic society in the interests of any of the matters specified in subsection
(2)(a) or for any of the purposes specified in subsection (2)(b), (c) or (d).
• Right to privacy 11. Right to respect for private and family life
1. Every person shall be entitled to respect for his private and family life and his
home.

a. in the interests of defence, public safety, public order, public morality or

public health; or
b. for the purpose of protecting the rights and freedoms of other persons.
under the authority thereof does not abridge the right guaranteed by subsection
(1) to a greater extent than is necessary in a practical sense in a democratic
society in the interests of any of the matters specified in subsection (2)(a) or for
the purpose specified in subsection (2)(b).
12. Right to fair trial, etc

• Right to fair trial 1. If any person is charged with a criminal offence, then, unless the charge is
• Judicial independence
• Right to speedy trial withdrawn, the case shall be afforded a fair hearing within a reasonable time by
an independent and impartial court established by law.
2. Every person who is charged with a criminal offence--
• Presumption of innocence in trials a. shall be presumed to be innocent until he is proved or has pleaded guilty;
• Trial in native language of accused b. shall be informed as soon as reasonably practicable, in a language that he
understands and in adequate detail, of the nature of the offence charged;
c. shall be given adequate time and facilities for the preparation of his
defence;
• Right to counsel d. shall be permitted to defend himself before the court in person or by a legal
representative of his own choice;
• Right to examine evidence/witnesses e. shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before the court
and to obtain the attendance and carry out the examination of witnesses to
testify on his behalf before the court on the same conditions as those
applying to witnesses called by the prosecution; and
• Trial in native language of accused f. shall be permitted to have without payment the assistance of an interpreter
if he cannot understand the language used at the trial of the charge,
and except with his own consent the trial shall not take place in his absence
unless he so conducts himself as to render the continuance of the proceedings in
his presence impracticable and the court has ordered him to be removed and the
trial to proceed in his absence.
3. When a person is tried for any criminal offence, the accused person or any
person authorised by him in that behalf shall, if he so requires and subject to
payment of such reasonable fee as may be prescribed by law, be given within a
reasonable time after judgement a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.

• Protection from ex post facto laws 4. No person shall be held to be guilty of a criminal offence on account of any act or
• Principle of no punishment without law
omission that did not, at the time it took place, constitute such an offence, and
no penalty shall be imposed for a criminal offence that is severer in degree or
description than the maximum penalty that might have been imposed for that
offence at the time when it was committed.
• Right to appeal judicial decisions 5. No person who shows that he has been tried by a competent court for a criminal
• Prohibition of double jeopardy
offence and either convicted or acquitted shall be tried again for that offence or
for any other criminal offence of which he could have been convicted at the trial
for that offence, save upon the order of a superior court in the course of appeal
or review proceedings relating to the conviction or acquittal.
6. No person shall be tried for a criminal offence if he shows that he has been
pardoned for that offence.
• Protection from self-incrimination 7. No person who is tried for a criminal offence shall be compelled to give evidence
at the trial.
• Judicial independence 8. Any court or other adjudicating authority prescribed by law for the
determination of the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where
proceedings for such a determination are instituted by any person before such a
court or other adjudicating authority, the case shall be given a fair hearing within
reasonable time.
• Right to public trial 9. Except with the agreement of all parties thereto, all proceedings of every court
and proceedings for the determination of the existence or extent of any civil
right or obligation before any other adjudicating authority, including the
announcement of the decision of the court or other authority, shall be held in
public.
10. Nothing in subsection (9) shall prevent the court or other adjudicating authority
from excluding from the proceedings persons other than the parties thereto and
their legal representatives to such extent as the court or other authority--
• Privileges for juveniles in criminal process a. may by law be empowered to do and may consider necessary or expedient
in circumstances where publicity would prejudice the interests of justice or
in interlocutory proceedings or in the interests of public morality, the
welfare of persons under the age of eighteen years or the protection of the
private lives of persons concerned in the proceedings; or
b. may by law be empowered or required to do in the interests of defence,

public safety or public order.
inconsistent with or in contravention of--
a. subsection (2)(a) to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
b. subsection (2)(e) to the extent that the law in question imposes conditions
that must be satisfied if witnesses called to testify on behalf of accused
persons are to be paid their expenses out of public funds; or
c. subsection (5) to the extent that the law in question authorises a court to
try a member of a disciplined force for a criminal offence notwithstanding
any trial and conviction or acquittal of that member under the disciplinary
law of that force, so, however, that any court so trying such a member and
convicting him shall in sentencing him to any punishment take into account
any punishment awarded him under that disciplinary law.

12. In the case of any person who is held in lawful detention the provisions of
subsection (1), subsections (2)(d) and (e) and subsection (3) shall not apply in
relation to his trial for a criminal offence under the law regulating the discipline
of persons held in such detention.
13. Nothing contained in subsection (2)(d) shall be construed as entitling a person to
legal representation at public expense.
14. In this section "criminal offence" means a criminal offence under the law of
Lesotho.
• Freedom of religion 13. Freedom of conscience

• Freedom of opinion/thought/conscience 1. Every person shall be entitled to, and (except with his own consent) shall not be
hindered in his enjoyment of, freedom of conscience, including freedom of
thought and of religion, freedom to change his religion or belief and freedom,
either alone or in community with others, and both in public and in private, to
manifest and propagate his religion or belief in worship, teaching, practice and
observance.
2. Every religious community shall be entitled, at its own expense, to establish and
maintain places of education and to manage any place of education which it
wholly maintains; and no such community shall be prevented from providing
religious instruction for persons of that community in the course of any
education provided at any places of education which it wholly maintains or in
the course of any education which it otherwise provides.
3. Except with his own consent (or, if he is a minor, the consent of his guardian), no
person attending any place of education shall be required to receive religious
instruction or to take part in or attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion other than his
own.
4. No person shall be compelled to take any oath which is contrary to his religion or
belief or to take any oath in a manner which is contrary to his religion or belief.

public health; or
b. for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practice any religion without the
unsolicited intervention of members of any other religion.
under the authority thereof does not abridge the rights and freedoms
guaranteed by this section to a greater extent than is necessary in a practical
sense in a democratic society in the interests of any of the matters specified in
subsection (5)(a) or for the purpose specified in subsection (5)(b).
7. Reference in this section to a religion shall be construed as including references
to a religious denomination, and cognate expressions shall be construed
accordingly.

• Freedom of expression 14. Freedom of expression

• Freedom of opinion/thought/conscience 1. Every person shall be entitled to, and (except with his own consent) shall not be
hindered in his enjoyment of, freedom of expression, including freedom to hold
opinions without interference, freedom to receive ideas and information
without interference, freedom to communicate ideas and information without
interference (whether the communication be to the public generally or to any
person or class of persons) and freedom from interference with his
correspondence.

public health; or
• Right to protect one's reputation b. for the purpose of protecting the reputations, rights and freedoms of other
• Radio
• Telecommunications persons or the private lives of persons concerned in legal proceedings,
• Television
preventing the disclosure of information received in confidence,
maintaining the authority and independence of the courts, or regulating the
technical administration or the technical operation of telephony,
telegraphy, posts, wireless broadcasting or television; or
c. for the purpose of imposing restrictions upon public officers.

under the authority thereof does not abridge the freedom guaranteed by
subsection (1) to a greater extent than is necessary in a practical sense in a
democratic society in the interests of any of the matters specified in subsection
(2)(a) or for any of the purposes specified in subsection (2)(b) or (c).
4. Any person who feels aggrieved by statements or ideas disseminated to the
public in general by a medium of communication has the right to reply or to
require a correction to be made using the same medium, under such conditions
as the law may establish.
• Freedom of assembly 15. Freedom of peaceful assembly

1. Every person shall be entitled to, and (except with his own consent) shall not be
hindered in his enjoyment of freedom of peaceful assembly, without arms, that is
to say, freedom to assemble with other persons.

public health;
b. for the purpose of protecting the rights and freedoms of other persons; or

guaranteed by subsection (1) to a greater extent than is necessary in a practical
subsection (2)(a) or for any of the purposes specified in subsection (2)(b) or (c).
• Freedom of association
• Right to join trade unions
16. Freedom of association
1. Every person shall be entitled to, and (except with his own consent) shall not be
hindered in his enjoyment of freedom to associate freely with other persons for
ideological, religious, political, economic, labour, social, cultural, recreational and
similar purposes.
inconsistent with or in contravention of any law to the extent that the law in

public health;
b. for the purpose of protecting the rights and freedoms of other persons; or

guaranteed by subsection (1) to a greater extent than is necessary in a practical
subsection (2)(a) or for any of the purposes specified in subsection (2)(b) or (c).
• Protection from expropriation 17. Freedom from arbitrary seizure of property

1. No property, movable or immovable, shall be taken possession of compulsorily,
and no interest in or right over any such property shall be compulsorily acquired,
except where the following conditions are satisfied, that is to say--
a. the taking of possession or acquisition is necessary in the interests of

defence, public safety, public order, public morality, public health, town and
country planning or the development or utilisation of any property in such
manner as to promote the public benefit; and
b. the necessity therefor is such as to afford reasonable justification for the

causing of any hardship that may result to any person having an interest in
or right over the property; and
c. provision is made by a law applicable to that taking of possession or

acquisition for the prompt payment of full compensation.

2. Every person having an interest in or right over property which is compulsorily

taken possession of or whose interest in or right over any property is
compulsorily acquired shall have a right of direct access to the High Court for--
a. the determination of his interest or right, the legality of the taking of

possession or acquisition of the property, interest or right and the amount
of any compensation to which he is entitled; and
b. the purpose of obtaining prompt payment of that compensation:

Provided that if Parliament so provides in relation to any matter referred to in
paragraph (a) the right of access shall be by way of appeal (exercisable as of right
at the instance of the person having the interest in or right over the property)
from a tribunal or authority, other than the High Court, having jurisdiction under
any law to determine that matter.
3. The Chief Justice may make rules with respect to the practice and procedure of
the High Court or any other tribunal or authority in relation to the jurisdiction
conferred on the High Court by subsection (2) or exercisable by the other
tribunal or authority for the purposes of that subsection (including rules with
respect to the time within which applications or appeals to the High Court or
applications to the other tribunal or authority may be brought).
inconsistent with or in contravention of subsection (1) or (2)--
a. to the extent that the law in question makes provision that is necessary in a
practical sense in a democratic society for the taking of possession or
acquisition of any property, interest or right--
i. in satisfaction of any tax, duty, rate, or other impost;
ii. by way of penalty for breach of the law, whether under civil process or
after conviction of a criminal offence under the law of Lesotho;
iii. as an incident of a valid contract or of the terms and conditions of

service of a public officer;
iv. in the execution of judgments or orders of a court in proceedings for

the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessary to do so because the

property is in a dangerous state or injurious to the health of human
beings, animals or plants;
vi. in consequence of any law with respect to prescription or limitation of

actions;

• Protection of environment vii. for so long only as may be necessary for the purposes of any
examination, investigation, trial or inquiry or, in the case of land, for
the purpose of carrying out thereon of work of soil conservation or the
conservation of other natural resources or work relating to
agricultural development or improvement (being work relating to such
development or improvement that the occupier of the land has been
required, and has without reasonable excuse refused or failed, to carry
out); or
viii. in satisfaction of the right conferred under section 14(4); or
b. to the extent that the law in question makes provision for the taking of
possession or acquisition of the following property (including an interest in
or right over property), that is to say--
i. enemy property;
ii. property of a deceased person, a person of unsound mind or a person

who has not attained the age of twenty-one years, for the purpose of
its administration for the benefit of the persons entitled to the
beneficial interest therein;
iii. property of a person adjudged insolvent or a body corporate in

liquidation, for the purpose of its administration for the benefit of the
creditors of the insolvent or body corporate and, subject thereto, for
the benefit of other persons entitled to the beneficial interest in the
property; or
iv. property subject to a trust, for the purpose of vesting the property in
persons appointed as trustees under the instrument creating the trust
or by a court or, by order of a court, for the purpose of giving effect to
the trust.
5. Nothing contained in or done under the authority of any Act of Parliament shall
be held to be inconsistent with or in contravention of this section to the extent
that the Act in question makes provision for the compulsory taking possession
of any property or the compulsory acquisition of any interest in or right over
property where that property, interest or right is vested in a body corporate
established by law for public purposes, in which no moneys have been invested
other than moneys provided by Parliament.
• General guarantee of equality

• Equality regardless of gender
18. Freedom from discrimination
• Equality regardless of skin color
• Equality regardless of creed or belief 1. Subject to the provisions of subsections (4) and (5) no law shall make any
• Equality regardless of financial status
• Equality regardless of political party provision that is discriminatory either of itself or in its effect.
• Equality regardless of parentage
• Equality regardless of origin 2. Subject to the provisions of subsection (6), no person shall be treated in a
• Equality regardless of race
• Equality regardless of language discriminatory manner by any person acting by virtue of any written law or in
• Equality regardless of religion
the performance of the functions of any public office or any public authority.

3. In this section, the expression "discriminatory" means affording different

treatment to different persons attributable wholly or mainly to their respective
descriptions by race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status whereby persons of one
such description are subjected to disabilities or restrictions to which persons of
another such description are not made subject or are accorded privileges or
advantages which are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law to the extent that that law makes
provision--
a. with respect to persons who are not citizens of Lesotho; or
b. for the application, in the case of persons of any such description as is

mentioned in subsection (3) (or of persons connected with such persons), of
the law with respect to adoption, marriage, divorce, burial, devolution of
property on death or other like matters which is the personal law of
persons of that description; or
c. for the application of the customary law of Lesotho with respect to any
matter in the case of persons who, under that law, are subject to that law;
or
d. for the appropriation of public revenues or other public funds; or
e. whereby persons of any such description as is mentioned in subsection (3)

may be made subject to any disability or restriction or may be accorded any
privilege or advantage which, having regard to its nature and to special
circumstances pertaining to those persons or to persons of any other such
description, is reasonably justifiable in a democratic society.
Nothing in this subsection shall prevent the making of laws in pursuance of the
principle of State Policy of promoting a society based on equality and justice for
all the citizens of Lesotho and thereby removing any discriminatory law.
5. Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) to the extent that it makes provision with
respect to standards of qualifications (not being standards of qualifications
specifically relating to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status) to be required
of any person who is appointed to any office in the public service, any office in a
disciplined force, any office in the service of a local government authority or any
office in a body corporate established by law for public purposes.
6. Subsection (2) shall not apply to anything which is expressly or by necessary
implication authorised to be done by any such provision of law as is referred to
in subsection (4) or (5).
7. No person shall be treated in a discriminatory manner in respect of access to
shops, hotels, lodging houses, public restaurants, eating houses, beer halls or
places of public entertainment or in respect of access to places of public resort
maintained wholly or partly out of public funds or dedicated to the use of the
general public.
8. The provisions of this section shall be without prejudice to the generality of
section 19 of this Constitution.

• General guarantee of equality 19. Right to equality before the law and the equal
protection of the law
Every person shall be entitled to equality before the law and to the equal protection
of the law.
20. Right to participate in government

1. Every citizen of Lesotho shall enjoy the right--
a. to take part in the conduct of public affairs, directly or through freely

chosen representatives;
• Secret ballot b. to vote or to stand for election at periodic elections under this Constitution
• Claim of universal suffrage
under a system of universal and equal suffrage and secret ballot;
• Civil service recruitment c. to have access, on general terms of equality, to the public service.
2. The rights referred to in subsection (1) shall be subject to the other provisions of
this Constitution.
• Emergency provisions 21. Derogation from fundamental human rights and

freedoms
1. Nothing contained in or done under the authority of an Act of Parliament shall
be held to be inconsistent with or in contravention of section 6, section 18 or
section 19 of this Constitution to the extent that the Act authorises the taking
during any period when Lesotho is at war or when a declaration of emergency
under section 23 of this Constitution is in force of measures that are necessary
in a practical sense in a democratic society for dealing with the situation that
exists in Lesotho during that period.
2. When a person is detained by virtue of any such law as is referred to in
subsection (1) the following provisions shall apply, that is to say--
a. he shall, as soon as reasonably practicable after the commencement of his

detention, be furnished with a statement in writing in a language that he
understands specifying in detail the grounds upon which he is detained;
b. not more than fourteen days after the commencement of his detention, a
notification shall be published in the Gazette stating that he has been
detained and giving particulars of the provision of law under which his
detention is authorised;
c. not more than one month after the commencement of his detention and
thereafter during his detention at intervals of not more than six months, his
case shall be investigated by an independent and impartial tribunal
established by law and presided over by a person appointed by the Chief
Justice;
d. he shall be afforded reasonable facilities to consult a legal representative of

his own choice who shall be permitted to make representations to the
tribunal appointed for the investigation of the case of the detained person;
and

e. at the hearing of his case by the tribunal appointed for the investigation of
his case he shall be permitted to appear in person or by a legal
representative of his own choice.
3. On any investigation by a tribunal in pursuance of this section of the case of a
detained person, the tribunal may make recommendations concerning the
necessity or expediency of continuing his detention to the authority by which it
was ordered but, unless it is otherwise provided by law, that authority shall not
be obliged to act in accordance with any such recommendations.
4. Nothing contained in subsection (2)(d) or (e) shall be construed as entitling a
person to legal representation at public expense.
• Protection from false imprisonment

• Ultra-vires administrative actions
22. Enforcement of protective provisions
1. If any person alleges that any of the provisions of sections 4 to 21 (inclusive) of
this Constitution has been, is being or is likely to be contravened in relation to
him (or, in the case of a person who is detained, if any other person alleges such a
contravention in relation to the detained person), then, without prejudice to any
other action with respect to the same matter which is lawfully available, that
person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction--
a. to hear and determine any application made by any person in pursuance of

subsection (1); and
b. to determine any question arising in the case of any person which is

referred to it in pursuance of subsection (3),
and may make such orders, issue such process and give such directions as it may
consider appropriate for the purpose of enforcing or securing the enforcement
of any of the provisions of sections 4 to 21 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this
subsection if it is satisfied that adequate means of redress for the contravention
alleged are or have been available to the person concerned under any other law.
3. If in any proceedings in any subordinate court any question arises as to the
contravention of any of the provisions of sections 4 to 21 (inclusive) of this
Constitution, the person presiding in that court may, and shall if any party to the
proceedings so requests, refer the question to the High Court unless, in his
opinion, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court in pursuance of subsection (3),
the High Court shall give its decision upon the question and the court in which
the question arose shall dispose of the case in accordance with that decision or,
if that decision is the subject of an appeal under section 129 of this Constitution
to the Court of Appeal, in accordance with the decision of the Court of Appeal.
5. Parliament may confer upon the High Court such powers in addition to those
conferred by this section as may appear to be necessary or desirable for the
purposes of enabling that court more effectively to exercise the jurisdiction
conferred upon it by this section.
the High Court in relation to the jurisdiction and powers conferred on it by or
under this section (including rules with respect to the time within which
applications may be brought and references shall be made to the High Court).

• Emergency provisions 23. Declaration of emergency

1. In time of war or other public emergency which threatens the life of the nation,
the Prime Minister may, acting in accordance with the advice of the Council of
State, by proclamation which shall be published in the Gazette, declare that a
state of emergency exists for the purposes of this Chapter.
2. Every declaration of emergency shall lapse at the expiration of fourteen days,
commencing with the day on which it was made, unless it has in the meantime
been approved by a resolution of each House of Parliament.
3. A declaration of emergency may at any time be revoked by the Prime Minister
acting in accordance with the advice of the Council of State, by proclamation
which shall be published in the Gazette.
4. A declaration of emergency that has been approved by a resolution of each
House of Parliament in pursuance of subsection (2) shall, subject to the
provisions of subsection (3), remain in force so long as those resolutions remain
in force and no longer.
5. A resolution of either House of Parliament passed for the purposes of this
section shall remain in force for six months or such shorter period as may be
specified therein:
Provided that any such resolution may be extended from time to time by a
further such resolution, each extension not exceeding six months from the date
of the resolution effecting the extension.
6. Where the resolutions of the two Houses of Parliament made under subsection
(2) or (5) differ, the resolution of the National Assembly shall prevail.
7. Any provision of this section that a declaration of emergency shall lapse or cease
to be in force at any particular time is without prejudice to the making of a
further such declaration whether before or after that time.
8. The King may summon the two Houses of Parliament to meet for the purposes
of this section notwithstanding that Parliament then stands dissolved, and the
persons who were members of either House immediately before the dissolution
shall be deemed, for those purposes, still to be members of that House, but,
subject to the provisions of sections 61(4) and 63(4) of this Constitution, neither
House shall, when summoned by virtue of this subsection, transact any business
other than debating and voting upon resolutions for the purposes of this section.
24. Interpretation and savings

1. In this Chapter, unless the context otherwise requires--
• "contravention" in relation to any requirement, includes a failure to comply

with that requirement, and cognate expressions shall be construed
accordingly;
• "court" means a court of law having jurisdiction in Lesotho other than a

court established by a disciplinary law, and, in sections 5 and 9 of this
Constitution, includes a court established by a disciplinary law;
• "disciplinary law" means a law regulating the discipline of any disciplined

force;
• "disciplined force" means--
a. a military or air force; or

b. the Police Force; or
c. the National Security Service; or
d. the prison service;
• "legal representative" means a person entitled to practise as a legal

practitioner in Lesotho; and
• "member" in relation to a disciplined force, includes any person who, under

the law regulating the discipline of that force, is subject to that discipline.
2. Nothing contained in any of the provisions of section 7, section 17 or section 18
of this Constitution shall be construed as affecting any law for the time being in
force relating to the allocation of land or the grant of any interest or right in or
over land or as entitling any person to any greater such interest or right than he
would otherwise have.
3. In relation to any person who is a member of a disciplined force raised under a
law of Lesotho, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter other than sections 5, 8
and 9.
4. In relation to any person who is a member of a disciplined force raised otherwise
than as aforesaid and lawfully present in Lesotho, nothing contained in or done
under the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this Chapter.
CHAPTER III: PRINCIPLES OF STATE POLICY
25. Application of the principles of State policy

The principles contained in this Chapter shall form part of the public policy of
Lesotho. These principles shall not be enforceable by any court but, subject to the
limits of the economic capacity and development of Lesotho, shall guide the
authorities and agencies of Lesotho, and other public authorities, in the performance
of their functions with a view to achieving progressively, by legislation or otherwise,
the full realisation of these principles.
26. Equality and justice

1. Lesotho shall adopt policies aimed at promoting a society based on equality and
justice for all its citizens regardless of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.
2. In particular, the State shall take appropriate measures in order to promote
equality of opportunity for the disadvantaged groups in the society to enable
them to participate fully in all spheres of public life.

27. Protection of health

1. Lesotho shall adopt policies aimed at ensuring the highest attainable standard of
physical and mental health for its citizens, including policies designed to--
a. provide for the reduction of stillbirth rate and of infant mortality and for
the healthy development of the child;
b. improve environmental and industrial hygiene;
c. provide for the prevention, treatment and control of epidemic, endemic,

occupational and other diseases;
d. create conditions which would assure to all, medical service and medical
attention in the event of sickness; and
e. improve public health.
28. Provision for education

Lesotho shall endeavour to make education available to all and shall adopt policies
aimed at securing that--
• Right to development of personality a. education is directed to the full development of the human personality and
sense of dignity and strengthening the respect for human rights and
fundamental freedoms;
• Compulsory education b. primary education is compulsory and available to all;

• Free education
• Free education c. secondary education, including technical and vocational education, is made
generally available and accessible to all by every appropriate means, and in
particular, by the progressive introduction of free education;
• Access to higher education d. higher education is made equally accessible to all, on the basis of capacity,
• Free education
by every appropriate means, and in particular, by the progressive
introduction of free education; and
e. fundamental education is encouraged or intensified as far as possible for

those persons who have not received or completed their primary
education.
• Right to work 29. Opportunity to work

• Right to choose occupation 1. Lesotho shall endeavour to ensure that every person has the opportunity to gain
his living by work which he freely chooses or accepts.
2. Lesotho shall adopt policies aimed at--
a. achieving and maintaining as high and stable a level of employment as

possible;
b. providing technical and vocational guidance and training programmes; and

• Right to culture c. achieving steady economic, social and cultural development and full and
productive employment under conditions safeguarding fundamental
political and economic freedoms to the individual.
30. Just and favourable conditions of work

Lesotho shall adopt policies aimed at securing just and favourable conditions of work
and in particular policies directed to achieving--
a. remuneration which provides all workers, as a minimum with--
• Right to equal pay for work i. fair wages and equal remuneration for work of equal value without
distinction of any kind, and in particular, women being guaranteed
conditions of work, including pension or retirement benefits, not
inferior to those enjoyed by men, with equal pay for equal work; and
• Right to reasonable standard of living ii. a decent living for themselves and their families;
• Right to safe work environment b. safe and healthy working conditions;
c. equal opportunity for men and women to be promoted in their employment

to an appropriate higher level, subject to no considerations other than
those of seniority and competence;
d. the protection of women who are in employment during a reasonable

period before and after childbirth; and
• Right to rest and leisure e. rest, leisure and reasonable limitation of working hours and periodic
holidays with pay, as well as remuneration for public holidays.
• Right to join trade unions 31. Protection of workers' rights and interests
Lesotho shall take appropriate steps in order to encourage the formation of
independent trade unions to protect workers' rights and interests and to promote
sound labour relations and fair employment practices.
• Protection of victim's rights 31A. Protection of victims of crime

Lesotho shall adopt policies designed to make provision for victims of crime support
services including mechanisms to ensure compensation for victims of crime, and
assist vulnerable groups of victims.
• Rights of children
• State support for children
32. Protection of children and young persons
Lesotho shall adopt policies designed to provide that--
a. protection and assistance is given to all children and young persons without
any discrimination for reasons of parentage or other conditions;

• Limits on employment of children b. children and young persons are protected from economic and social
exploitation;
• Limits on employment of children c. the employment of children and young persons in work harmful to their
morals or health or dangerous to life or likely to hamper their normal
development is punishable by law; and
• Limits on employment of children d. there are age limits below which the paid employment of children and
young persons is prohibited and punishable by law.
• State support for the disabled 33. Rehabilitation, training and social resettlement of
disabled persons
With a view to ensuring the rehabilitation, training and social resettlement of
disabled persons, Lesotho shall adopt policies designed to--
a. provide for training facilities, including specialised institutions, public or

private; and
b. place disabled persons in employment and encourage employers to admit

disabled persons to employment.
34. Economic opportunities

Lesotho shall adopt policies which encourage its citizens to acquire property
including land, houses, tools and equipment; and shall take such other economic
measures as the State shall consider affordable.
• Reference to science 35. Participation in cultural activities

• Right to culture 1. Lesotho shall endeavour to ensure that every citizen has an opportunity to
• Right to enjoy the benefits of science
freely participate in the cultural life of the community and to share in the
benefits of scientific advancement and its application.
• Reference to art 2. Lesotho shall adopt policies designed to protect the interests of any citizen in
• Provisions for intellectual property
any scientific, literary or artistic production of which he is the author.
• Protection of environment 36. Protection of the Environment

Lesotho shall adopt policies designed to protect and enhance the natural and cultural
environment of Lesotho for the benefit of both present and future generations and
shall endeavour to assure to all citizens a sound and safe environment adequate for
their health and well-being.

CHAPTER IV: CITIZENSHIP
• Requirements for birthright citizenship 37. Persons who are citizens on the coming into operation
of the Constitution
Every person who immediately before the coming into operation of this Constitution
is a citizen of Lesotho under the Lesotho Citizenship Order 1971 shall, on the coming
into operation of this Constitution and subject to any provision made in or under this
Chapter, continue to be a citizen of Lesotho.
• Requirements for birthright citizenship 38. Persons born in Lesotho after the coming into
operation of the Constitution
1. Subject to the provisions of subsections (2)and (3), every person born in Lesotho
after the coming into operation of this Constitution shall become a citizen of
Lesotho.
2. Save as provided in subsection (3), a person shall not become a citizen of
Lesotho by virtue of this section if at the time of his birth neither of his parents is
a citizen of Lesotho, and--
a. one or both of his parents possesses such immunity from suit and legal
process as is accorded to the envoy of a foreign sovereign power accredited
to Lesotho; or
b. one or both of his parents is an enemy alien and the birth occurs in a place
then under occupation by the enemy.
3. A person born in Lesotho on or after the coming into operation of this
Constitution who is disqualified to become a citizen of Lesotho by virtue of
subsection (2) of this section shall become a citizen of Lesotho if he would
otherwise become stateless.
• Requirements for birthright citizenship 39. Persons born outside Lesotho after the coming into
operation of the Constitution
A person born outside Lesotho after the coming into operation of this Constitution
shall become a citizen of Lesotho at the date of his birth, if at that date either of his
parents is a citizen of Lesotho otherwise than by descent.
• Requirements for naturalization 40. Marriage to Lesotho citizen

1. Any woman who, immediately before the coming into operation of this
Constitution, is or has been married to a person--
a. who continues to be a citizen of Lesotho by virtue of section 37 of this

Constitution; or
b. who, having died before the coming into operation of this Constitution
would, but for his death, have continued to be a citizen of Lesotho by virtue
of that section,
shall be entitled, upon making application and upon taking the oath of allegiance,
to be registered as a citizen of Lesotho.

2. Any woman who, after the coming into operation of this Constitution, marries a
citizen of Lesotho shall be entitled, upon making application and upon taking the
oath of allegiance, to be registered as a citizen of Lesotho.
• Conditions for revoking citizenship 41. Dual citizenship

1. Any person who, upon the attainment of the age of twenty-one years, is a citizen
of Lesotho and also a citizen of some country other than Lesotho shall cease to
be a citizen of Lesotho upon the specified date unless he has renounced his
citizenship of that other country, taken the oath of allegiance and, in the case of
a person who is a citizen of Lesotho by descent, made and registered such
declaration of his intentions concerning residence as may be prescribed by
Parliament.
2. A citizen of Lesotho shall cease to be such a citizen if--
a. having attained the age of twenty-one years, he acquires the citizenship of

some country other than Lesotho by voluntary act (other than marriage); or
b. having attained the age of twenty-one years, he otherwise acquires the

citizenship of some country other than Lesotho and has not, by the
specified date, renounced his citizenship of that other country, taken the
oath of allegiance and made and registered such declaration of his
intentions concerning residence as may be prescribed.
3. A woman who--
a. becomes a citizen of Lesotho by registration under the provisions of section

40 of this Constitution; and
b. is immediately after the day upon which she becomes a citizen of Lesotho
also a citizen of some other country,
shall cease to be a citizen of Lesotho upon the specified date unless she has
renounced the citizenship of that other country, taken the oath of allegiance,
and made and registered such declaration of her intentions concerning
residence as may be prescribed.
4. For the purposes of this section, where, under the law of a country other than
Lesotho a person cannot renounce his citizenship of that other country, he need
not make such renunciation but he may instead be required to make such
declaration concerning that citizenship as may be prescribed.
5. In this section "the specified date" means, in respect of a person to whom
subsection (1) or (2)(b) or (3), as the case may be, refers, such date as may be
specified in relation to that person by or under an Act of Parliament.
42. Powers of Parliament

• Requirements for naturalization 1. Parliament may make provision for the acquisition of citizenship of Lesotho by
persons who are not eligible or who are no longer eligible to become citizens of
Lesotho under the provisions of this Chapter.
• Conditions for revoking citizenship 2. Parliament may make provision for depriving of his citizenship of Lesotho any
person other than a person who became or becomes--
a. a citizen of Lesotho by virtue of having been born in Lesotho; or
b. a citizen of Lesotho by descent,

unless he would thereby become stateless.

• Right to renounce citizenship 3. Parliament may make provision for the renunciation by any person of his
citizenship of Lesotho.
43. Interpretation
1. In this Chapter--
• "alien" means a person who is not a citizen of Lesotho;
• "prescribed" means prescribed by or under any Act of Parliament.

2. In this Chapter, references to a citizen by descent are references to a person
who is a citizen of Lesotho by virtue of section 39 of this Constitution or of
section 23(2) or 26 of the Constitution of Lesotho of 1966 or of section 6 of the
Lesotho Citizenship Order 1971.
3. For the purposes of this Chapter, a person born aboard a registered ship or
aircraft, or aboard an unregistered ship or aircraft of the Government of any
country, shall be deemed to have been born in the place in which the ship or
aircraft was registered or, as the case may be, in that country.
4. Any reference in this Chapter to the national status of the parent of a person at
the time of that person's birth shall, in relation to a person born after the death
of either parent be construed as a reference to the national status of that parent
at that parent's death, and where that death occurred before the coming into
operation of this Constitution, and the birth occurred after the coming into
operation of this Constitution the national status that the parent would have
had if he or she had died on the coming into operation of this Constitution shall
be deemed to be his or her national status at the time of his or her death.
CHAPTER V: THE KING
44. The Office of King

• Name/structure of executive(s) 1. There shall be a King of Lesotho who shall be a constitutional monarch and Head
• Head of state term length
of State.
• Oaths to abide by constitution 2. The King shall do all things that belong to his office in accordance with the
provisions of this Constitution and of all other laws for the time being in force
and shall faithfully comply with the terms of the oath of the office of King set out
in Schedule I to this Constitution.
• Head of state replacement 45. Succession to the throne of Lesotho

• Head of state selection 1. The College of Chiefs may at any time designate, in accordance with the
customary law of Lesotho, the person (or the persons, in order of prior right)
who are entitled to succeed to the office of King upon the death of the holder of,
or the occurrence of any vacancy in, that office and if on such death or vacancy,
there is a person who has previously been designated in pursuance of this
section and who is capable under the customary law of Lesotho of succeeding to
that office, that person (or, if there is more than one such person, that one of
them who has been designated as having the first right to succeed to the office)
shall become King.

2. If, on the death of the holder of, or the occurrence of any vacancy in, the office of
King, there is no person who becomes King under subsection (1), the College of
Chiefs shall, with all practical speed and in accordance with the customary law of
Lesotho, proceed to designate a person to succeed to the office of King and the
person so designated shall thereupon become King.
3. Whenever the holder of the office of King or a Regent--
a. has occasion to be absent from Lesotho for a period which the College of
Chiefs has reason to believe will be of short duration; or
b. is suffering from an illness which the College of Chiefs has reason to believe
will be of short duration,
the College of Chiefs may for the time being designate a person, in accordance
with the customary law of Lesotho, to exercise the functions of the office of
King, and any person for the time being so designated may exercise all the
functions of the office of King during the absence or illness of the holder of that
office or the Regent.
4. Every designation made for the purposes of this section shall be published in the
Gazette.
5. Where any person has been designated to succeed to the office of King in
pursuance of subsection (1) or (2), any other person who claims that, under the
customary law of Lesotho, he should have been so designated in place of that
person may, by application made to the High Court within a period of six months
commencing with the day on which the designation was published in the
Gazette, apply to have the designation varied by the substitution of his own
name for that of the first mentioned person, but, save as provided in this
Chapter, the designation of any person for the purposes of this section shall not
otherwise be called in question in any court on the ground that, under the
customary law of Lesotho, the person designated was not entitled to be so
designated.
6. Pending the decision of the High Court or, as the case may be, of the Court of
Appeal, a designation which is the subject of the appeal shall remain of full force
and effect.
7. In this section references to a vacancy in the office of King are references to a
vacancy caused by the abdication of the King or by a resolution or resolutions of
Parliament under section 53 of this Constitution that the holder of the office of
King should cease to hold that office.
46. The Regent

1. The College of Chiefs may at any time designate, in accordance with the
customary law of Lesotho, the person (or the persons, in order of prior right)
who shall be Regent, that is to say, who shall exercise the functions of the office
of King in any of the following circumstances--
• Minimum age of head of state a. when the holder of that office has not attained the age of twenty-one years;
or
b. when the holder of that office (and any person who has been designated as
having a prior right to be Regent) is unable by reason of absence from
Lesotho or by reason of infirmity of body or mind to exercise the functions
of that office; or

c. when, in the circumstances specified in section 45(2) of this Constitution,

the College of Chiefs has not yet made a designation in pursuance of that
subsection,
and if, in any of those circumstances, there is a person who has previously been
designated in pursuance of this subsection and who is capable under the
customary law of Lesotho of becoming Regent, that person (or, if there is more
than one such person, that one of them who has been designated as having the
first right to be Regent) shall become Regent.
2. If, in any of the circumstances specified in subsection (1)(a), (b) or (c), there is no
person who becomes Regent under that subsection, the College of Chiefs shall,
with all practical speed and in accordance with the customary law of Lesotho,
proceed to designate a person to be Regent and the person so designated shall
thereupon become Regent.
3. If the College of Chiefs fails within a reasonable time to discharge the duty
imposed on it by subsection (2), the High Court may, upon the application of any
person, itself designate a person to be Regent in accordance with the customary
law of Lesotho and the person so designated shall thereupon become Regent.
4. A Regent shall not exercise the functions of the office of King at any time when a
person is for the time being designated to exercise such functions in pursuance
of section 45(3) of this Constitution.
5. Every designation made for the purpose of this section shall be published in the
Gazette.
• Right to appeal judicial decisions 47. Proceedings in High Court and Court of Appeal
1. An appeal shall lie to the Court of Appeal from any decision of the High Court
made under section 45(5) or section 46(3) of this Constitution.
2. The High Court and the Court of Appeal shall consider with all practical speed
every application or appeal, as the case may be, made to it under section 45(5),
or section 46(3) of this Constitution or subsection (1).
the High Court in relation to the jurisdiction and powers conferred on it by or
under section 45(5) and section 46(3) of this Constitution (including rules with
respect to the time within which application may be made to the Court under
those sections).
48. Civil List of the King and remuneration of Regent

1. The King shall have such Civil List as may be provided by Parliament and that
Civil List shall be a charge upon the Consolidated Fund and shall not be reduced
during the King's continuance in office.
2. A person exercising the functions of the office of King as Regent shall, in respect
of any period during which he exercises those functions, be entitled to
remuneration as may be prescribed by Parliament, and the remuneration
prescribed under this subsection in relation to any person in respect of any such
period shall be a charge on the Consolidated Fund and shall not be reduced after
the commencement of that period.
49. Immunity of the King and Regent from taxation

1. The King shall be entitled to immunity from taxation in respect of his Civil List,
all income accruing to him in his private capacity and all property owned by him
in his private capacity.

2. A person who is exercising or who has exercised the functions of the office of
King as Regent shall be entitled to immunity from taxation in respect of any
remuneration to which he is entitled under section 48(2) of this Constitution, all
income accruing to him in his private capacity during any period during which he
is exercising those functions and, in so far as the taxation relates to that period,
all property owned by him in his private capacity.
3. The King shall be entitled to immunity from the compulsory taking possession of
any property held by him in his private capacity and the compulsory acquisition
of any interest in or right over any property, being an interest or right owned by
him in his private capacity.
50. Protection of the King and of certain persons in respect

of legal proceedings
• Head of state immunity 1. Whilst any person holds the office of King, he shall be entitled to immunity from
suit and legal process in any civil cause in respect of all things done or omitted to
be done by him in his private capacity and to immunity from criminal
proceedings in respect of all things done or omitted to be done by him either in
his official capacity or in his private capacity.
2. Whilst any person exercises the functions of the office of King as Regent or by
virtue of a designation under section 45(3) of this Constitution, no criminal
proceedings shall be instituted or continued against him in respect of anything
done or omitted to be done by him either in his official capacity or in his private
capacity, and no civil proceedings shall be instituted or continued in respect of
which relief is claimed against him in respect of anything done or omitted to be
done by him in his private capacity.
3. Where provision is made by law limiting the time within which proceedings of
any description may be brought against any person, the period during which that
person has held the office of King or exercised the functions of the office of King
shall not be taken into account in calculating the period of time prescribed by
that law which determines whether any such proceedings as are mentioned in
subsection (1) or (2), as the case may be, of this section may be brought against
that person.
4. Where a debt or obligation is owing to any person as a result of anything done or
omitted to be done by the King, Regent or by a person designated to exercise the
functions of the office of King during the absence or illness of the holder of that
office or of the Regent, in his private capacity, the person to whom the debt or
obligation is owing may lodge an application in writing to the Minister
responsible for finance who, in his absolute discretion, may, after consultation
with the Attorney-General, defray the debt or make provision to satisfy the
obligation out of the Civil List.
5. Any civil right of action that the King, or any person exercising the functions of
the office of the King as Regent or by virtue of a designation under section 45(3)
of this Constitution, would have in his private capacity, shall vest in the
Attorney-General who may institute appropriate proceedings, and any
proceedings therefrom shall be paid to the King or, as the case may be, to the
person exercising the functions of the office of the King.
• Oaths to abide by constitution 51. Oaths

1. The King shall, as soon as is practicable after succeeding to the office of King and
before entering upon the duties of his office (or, in the case of a person who
when he so succeeded was below the age of twenty-one years, as soon as is
practicable after attaining that age before entering upon the 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.
52. Abdication
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.
• Head of state removal 53. Vacation of the office of King

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 (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 any thing 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
• Structure of legislative chamber(s) 54. Establishment of Parliament

There shall be a Parliament which shall consist of the King, a Senate and a National
Assembly.
• Size of second chamber

• Second chamber selection
55. Composition of Senate
The Senate shall consist of the twenty-two Principal Chiefs and 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.
• Size of first chamber 56. Composition of National Assembly

The National Assembly shall consist of one hundred and twenty members elected in
accordance with the provisions of this Constitution.
57. Elections to National Assembly

• First chamber selection 1. The members of the National Assembly shall be elected in terms of a mixed
member proportional electoral system that -
a. is prescribed by legislation;
b. is based on a national common voters roll; and
c. provides for the constitution of the National Assembly as follows -
i. eighty members to be elected in respect of each of the constituencies

contemplated by section 67(1); and
ii. forty members to be elected to forty seats in accordance with the

principle of proportional representation applied in respect of the
National Assembly as a whole.

• Eligibility for cabinet 2. Subject to the provisions of subsections (3) and (4), every person who--
• Eligibility for head of government
• Eligibility for first chamber
• Restrictions on voting
a. is a citizen of Lesotho; and
• Minimum age of head of government b. has attained the age of eighteen years; and
• Minimum age for first chamber
c. possesses such qualifications as to residence as may be prescribed by

Parliament,
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.
• Restrictions on voting 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.
• Restrictions on voting 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.
• Restrictions on voting 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.
• Restrictions on voting 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.
• Restrictions on voting 7. Parliament may provide that a person who is convicted by any court of any
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 exceeding five years)
following his conviction or, as the case may be, following the report of the court
as may be so prescribed.
• Eligibility for cabinet 58. Qualifications for membership of Parliament

• Eligibility for second chamber 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--

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.
• Minimum age of head of government 2. Subject to the provisions of section 59 of this Constitution, a person shall be
• Minimum age for first chamber qualified to be elected as a member of the National Assembly if, and shall not be
• Eligibility for first chamber
so qualified unless, at the date of his nomination for election, he--
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.
59. Disqualifications for membership of Parliament

• Eligibility for second chamber 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 designated by a Principal
Chief as a Senator in his place and no person shall be qualified to be elected as a
member of the National Assembly if, at the date of his nomination or designation
or, as the case may be, at the date of his nomination for election, he--
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 or sentence of imprisonment for a term

exceeding six months, without the option of a fine, imposed on him by a
court in Lesotho or a court in any part of the Commonwealth;
c. is under any law in force in Lesotho, adjudged or otherwise declared to be

of unsound mind; or
d. is an unrehabilitated insolvent, having been adjudged or otherwise

declared insolvent under any law in force in Lesotho; or
e. subject to such exceptions and limitations as may be prescribed by

Parliament, has any such interest in any such government contract as may
be so prescribed.
1A. For the purposes of paragraph (b) of subsection (1) in relation to imprisonment,
where a person is sentenced to two or more terms of imprisonment that are
required to be serve consecutively, account shall be taken only of any of those
terms that exceeds six months.
• Eligibility for first chamber 2. Parliament may provide that a person who, at the date of his nomination for
election, 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 any election to the National Assembly or the compilation of any register of
electors for the purposes of such an election shall not be qualified to be elected
as a member of the National Assembly.

• Eligibility for first chamber 3. Parliament may provide that a person who is convicted by any court of any
offence by the court trying an election petition shall not be qualified to be
nominated for election as a member of 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.
• Eligibility for first chamber 4. Parliament may provide that, subject to such exceptions and limitations as may
• Eligibility for second chamber
be prescribed by Parliament, a person shall not be qualified to be nominated as a
Senator or elected as a member of the National Assembly if--
a. he holds or acts in any office or appointment that is so prescribed; or
b. he is a member of the Defence Force; or
c. he is a member of the Police Force; or
d. he is a member of the National Security Service: or
e. he is a member of the Prison Service.

• Eligibility for first chamber 5. No person shall be qualified to be elected as a member of the National Assembly
who, at the date of his nomination for election as such a member, is a Principal
Chief or is otherwise a Senator.
6. In subsection (1)(e) "government contract" means any contract made with the
Government of Lesotho or with a department of that Government or with an
officer of that Government contracting as such.
• Removal of individual legislators 60. Tenure of seats of members of Parliament

1. A Senator (other than a Principal Chief) or a member of the National Assembly
shall vacate his seat as such--
a. if he ceases to be a citizen of Lesotho; or
b. if any circumstances arise that, if he were not such a Senator or a member

of the National Assembly, would cause him to be disqualified under section
59(1) of this Constitution to be nominated or designated as such or, as the
case may be, to be elected as such; or
c. at the next dissolution of Parliament after his nomination, designation or

election; or
d. in the case of a member of the National Assembly, if he ceases to be

registered in some constituency as an elector in elections to the National
Assembly or if he ceases to be qualified to vote in some constituency in
such elections; or
e. in the case of a member of the National Assembly, if any circumstances

arise that, if he were not a member of the National Assembly, would cause
him to be disqualified to be elected as such under section 59(5) of this
Constitution or under any law made in pursuance of section 59(2), 59(3) or
59(4) of this Constitution; or

f. in the case of a Senator nominated under section 55 of this Constitution, if

any circumstances arise that, if he were not such a Senator, would cause
him to be disqualified to be so nominated under any law made in pursuance
of section 59(4) of this Constitution.
• Attendance by legislators g. if, in any one year and without the written permission of the President of
the Senate or, as the case may be, the Speaker of the National Assembly he
is absent from one-third of the total number of sittings of the House of
which he is a member,
2. Parliament may, in order to permit any member of either House of Parliament
who has been sentenced to death or imprisonment in terms of paragraph (b) of
section 59(1), adjudged or declared to be of unsound mind, adjudged or declared
insolvent or convicted or reported guilty of any offence prescribed under
section 57(4), 57(7) or 59(3) of this Constitution to appeal against the decision in
accordance with any law, provide that, subject to such conditions as may be
prescribed by Parliament, the decision shall not have effect for the purpose of
this section until such time as may be so prescribed.
• Leader of second chamber 61. President of Senate

1. There shall be a President of the Senate who shall be elected by the Senate
either from among the persons who are Senators or from among other persons.
2. A person shall not be qualified to be elected as President--
a. if he is a Minister or a Deputy Minister; or
b. in the case of a person who is not a Senator, if he would not be qualified to

be nominated or designated as a Senator under section 59(1) of this
Constitution or under a law made in pursuance of section (4) of this
Constitution.
3. The President shall vacate his office--
a. if, having been elected from among the Senators, he ceases to be a Senator
otherwise than by reason of dissolution of Parliament; or
b. in the case of a President who was elected from among persons who were
not Senators, if any circumstances arise that would cause him to be
disqualified to be nominated or designated as a Senator under section 59(1)
of this Constitution or under a law made in pursuance of section 59(4) of
this Constitution; or
c. if he becomes a Minister or a Deputy Minister; or
d. when the Senate first meets after a dissolution of Parliament; or
e. if he is removed from office by resolution of the Senate supported by the

votes of two-thirds of all the Senators.
4. No business shall be transacted in the Senate (other than the election of a
President) at any time when the office of President is vacant.

62. Vice-President of Senate

1. There shall be a Vice-President of the Senate who shall be elected by the Senate
either from among the persons who are Senators or from among other persons.
2. A person shall not be qualified to be elected as Vice-President--
b. in the case of a person who is not a Senator, if he would not be qualified to

be nominated or designated as a Senator under section 59(1) of this
Constitution or under a law made in pursuance of section 59(4) of this
Constitution.
3. The Senate shall elect a Vice-President--
a. subject to the provisions of section 61(4) of this Constitution, when it first

meets after a dissolution of Parliament; and
b. when it first meets after the office of Vice-President has otherwise become
vacant,
or as soon thereafter as may be convenient.
4. The Vice-President shall vacate his office--
a. if, having been elected from among the Senators, he ceases to be a Senator
otherwise than by reason of a dissolution of Parliament; or
b. in the case of a Vice-President who was elected from among persons who
were not Senators, if any circumstances arise that would cause him to be
disqualified to be nominated or designated as a Senator under section 59(1)
of this Constitution or under a law made in pursuance of section 59(4) of
this Constitution; or
d. when the Senate first meets after a dissolution of Parliament; or
e. if he is removed from office by resolution of the Senate.
• Leader of first chamber 63. Speaker of National Assembly

1. There shall be a Speaker of the National Assembly who shall be elected by the
Assembly either from among the persons who are members thereof or from
among other persons.
2. A person shall not be qualified to be elected as a Speaker--
b. in the case of a person who is not a member of the National Assembly, if he

would not be qualified to be elected as such a member under section 59(1)
of this Constitution or under a law made in pursuance of section 59(3) or
59(4) of this Constitution.

3. The Speaker shall vacate his office--
a. if, having been elected from among the members of the National Assembly,
he ceases to be a member of the Assembly otherwise than by reason of a
dissolution of Parliament; or
b. in the case of a Speaker who was elected from among persons who were
not members of the National Assembly, if any circumstances arise that
would cause him to be disqualified to be elected as such a member under
section 59(1) of this Constitution or under a law made in pursuance of
section 59(3) or 59(4) of this Constitution; or
d. when the National Assembly first meets after a dissolution of Parliament;

or
e. if he is removed from office by resolution of the National Assembly

supported by the votes of two-thirds of all the members thereof.
4. No business shall be transacted in the National Assembly (other than the
election of a Speaker) at any time when the office of Speaker is vacant.
64. Deputy Speaker of National Assembly

1. There shall be a Deputy Speaker of the National Assembly who shall be elected
by the Assembly either from among the persons who are members thereof or
from among other persons.
2. A person shall not be qualified to be elected as Deputy Speaker--
b. in the case of a person who is not a member of the National Assembly, if he

would not be qualified to be elected as such a member under section 59(1)
of this Constitution or under a law made in pursuance of section 59(3) or
59(4) of this Constitution.
3. The National Assembly shall elect a Deputy Speaker--
a. subject to the provisions of section 63(4) of this Constitution, when it first

meets after a dissolution of Parliament; and
b. when it first meets after the office of Deputy Speaker has otherwise
become vacant,
or as soon thereafter as may be convenient.
4. The Deputy Speaker shall vacate his office--
a. if, having been elected from among the members of the National Assembly,
he ceases to be a member of the National Assembly otherwise than by
reason of a dissolution of Parliament; or

b. in the case of a Deputy Speaker who was elected from among persons who
were not members of the National Assembly, if any circumstances arise
that would cause him to be disqualified to be elected as such a member
under section 59(1) of this Constitution or under a law made in pursuance
of section 59(3) or 59(4) of this Constitution; or
d. when the National Assembly first meets after a dissolution of Parliament;

or
e. if he is removed from office by resolution of the National Assembly.
65. Clerks to Houses of Parliament and their staffs

1. There shall be a Clerk to the Senate and a Clerk to the National Assembly.
2. The offices of the Clerks to the two Houses and of the members of their staffs
shall be offices in the public service.
3. Nothing in this section shall be construed as preventing the appointment of one
person to the offices of Clerk to the Senate and Clerk to the National Assembly
or the appointment of one person to any office on the staff of the Clerk to the
Senate and any office on the staff of the Clerk to the National Assembly.
• Electoral commission 66. Independent Electoral Commission

1. There shall continue to be an Independent Electoral Commission consisting of a
chairman and two members, who shall be appointed by the King acting in
accordance with the advice of the Council of State.
2. A person to be appointed as a member shall be of a high moral character and
proven integrity and should either qualify to hold a high judicial office or should
possess considerable experience and demonstrated competence in the
administration of public affairs.
3. In its advice to the King under subsection (1), the Council of State shall submit to
him the names of three persons selected from a list of not less than five names.
4. For the purpose of enabling the Council of State to select the names of persons
to be submitted to the King under subsection (3), the Council shall request all
registered political parties in accordance with a procedure agreed by them to
jointly propose to the Council, within a period of thirty days from the date
specified by the Council, a list of not less than five names.
5. In this section, a registered political party means a political party registered
under the provisions of the National Assembly Election Order
6. A person shall not be qualified to be appointed as a member of the Electoral
Commission or, if he is a member, to continue holding that office if he is or, as the
case may be, becomes -
a. a member of the National Assembly or of the Senate;
b. an office-bearer of a political party, whether or not the party is a registered

political party;
c. a public officer, other than a Judge of the High Court or the Court of
Appeal;

d. a member of a local authority; or
e. a person disqualified, by any other law enacted by Parliament, from being a

member.
7. A member of the Electoral Commission shall hold office for such term, being not
more than five years, as is specified in his instrument of appointment, and may
be reappointed for only one further term not exceeding five years.
8. If the office of Chairman of the Electoral Commission is vacant or if the person
holding that office is for any reason unable to exercise the functions of his office,
then, until a person has been appointed to and has assumed the functions of that
office or until the person holding that office has resumed those functions, as the
case may be, those functions shall be exercised by such one of the other
members of the Commission as may for the time being be designated in that
behalf by the King, acting in accordance with the advice of the Council of State.
9. If at any time there are less than two members of the Electoral Commission
besides the Chairman or if any such member is appointed to act as Chairman or
is for any reason unable to exercise the functions of his office, the King, acting in
accordance with the advice of the Council of State, may appoint a person who is
qualified to be appointed as a member of the Electoral Commission to act as a
member, and any person so appointed shall, subject to the provisions of
subsection (5), continue to act until the office in which he is acting has been filled
or, as the case may be, until the holder thereof has resumed his functions or until
his appointment to act has been revoked by the King, acting in accordance with
the advice of the Council of State.
10. The Chairman or any other member of the Electoral Commission may be
removed from office only for inability to exercise the functions of his office
(whether arising from infirmity of body or mind or any other cause) or for
misbehaviour and shall not be so removed except in accordance with the
provisions of this section.
11. The Chairman or any other member of the Electoral Commission shall be
removed from office by the King if the question of his removal from office has
been referred to a tribunal appointed under subsection (12) and the tribunal has
recommended to the King that he ought to be removed from office for the
inability or for the misbehaviour referred to in subsection (10).
12. If the Council of State represents to the King that the question of removing a
member of the Commission under this section ought to be investigated, then -
a. the King shall appoint a tribunal consisting of a Chairman and not less than
two other members, selected by the Chief Justice from among persons who
hold or have held high judicial office; and
b. the tribunal shall enquire into the matter and report on the facts thereof to
the King and recommended to him what action is to be taken in relation to
the Chairman or any other member.
13. If the question of removing the Chairman or a member from office has been
referred to a tribunal under subsection (11), the King, acting in accordance with
the advice of the Council of State, may suspend the Chairman, or as the case may
be, the member, from the exercise of the functions of his office and any such
suspension may at any time be revoked by the King, acting in accordance with
that advice, and shall in any case cease to have effect if the tribunal advises the
King that the Chairman or the member should not be removed from office.

• Electoral commission 66A. Powers, duties and functions of Electoral Commission

1. The Electoral Commission shall have the following functions -
• Municipal government a. to ensure that elections to the National Assembly and local authorities are
• Referenda
held regularly and that every election or referendum held is free and fair;
• Referenda b. to organize, conduct and supervise, in an impartial an independent manner,

elections to the National Assembly and referenda under the provisions of
this Constitution an any other law;
• Electoral districts c. to delimit the boundaries of constituencies in accordance with the

provisions of this Constitution and any other law;
d. to supervise and control the registration of electors;
e. to compile a general register of electors and constituency registers of

electors for the several constituencies and to maintain such register or
registers up to date;
f. to promote knowledge of sound democratic electoral processes;
g. to register political parties;
• Referenda h. to ascertain, publish and declare the results of elections an referenda;
• Referenda i. to adjudicate complaints of alleged irregularities in any aspect of the

electoral or referendum process at any stage other than in an election
petition; and
j. to perform such other functions as may be prescribed by or under any law

enacted by Parliament.
2. In order to discharge the duties and functions referred to in subsection (1), the
Electoral Commision may -
a. employ staff on terms and conditions of employment determined by it after

consultation with the Public Service Commission;
b. take into employment public officers seconded to it in terms of subsection

(3).
3. The Minister responsible for the Public Service shall, when requested by the
Electoral Commission, make available to the Commission any public officer of
any authority of the Government for the purpose of the discharge of its
functions, and the appointment, exercise of disciplinary control or removal of
any public officer in relation to the performance of his electoral functions shall
be vested in the Commission.
66B. Decisions of Commission

1. Every decision of the Commission shall, as far as possible, be by consensus.

2. Where on any matter consensus cannot be obtained, the matter shall be decided
by voting; and the matter shall be taken to have been decided if supported by
the votes of a majority of all the members of the Commission.
3. In any vote under subsection (2), each member of the Commission, including the
Chairman, shall have one vote and none shall have a casting vote.
4. The Electoral Commission -
a. may regulate its own procedure; and
b. may act notwithstanding any vacancy in its membership or the absence of

any member and its proceeding shall not be invalidated by the presence or
participation of any person not entitled to be present at or to participate in
those proceedings.
66C. Independence of Commission

The Electoral Commission shall not, in the performance of its functions, be subject to
the direction or control of any person or authority.
66D. Funds and expenses of Commission

1. Parliament shall provide funds to enable the Commission to perform its
functions effectively.
2. The funds required to meet the expenses of the Commission in the performance
of its functions, including the salaries, allowances and terminal benefits payable
to or in respect of the members of the Commission, shall be a charge on the
Consolidated Fund.
• Electoral districts 67. Delimitation of Constituencies

1. For the purpose of elections to the National Assembly Lesotho shall, in
accordance with the provisions of this section, be divided into eighty
constituencies by an order made by the Electoral Commision.
2. All constituencies shall contain as nearly equal numbers of inhabitants of or
above the age of eighteen years as appears to the Commission to be reasonably
practicable, but the Commission may depart from this principle to such extent as
it considers expedient in order to take account of--
a. the density of population, and in particular the need to ensure adequate

representation of sparsely populated rural areas;
b. the means of communication;
c. geographical features;
d. community of interest; and
e. the boundaries of existing administrative areas:

Provided that the number of inhabitants, of or above the age of twenty-one
years, of any constituency shall not exceed or fall short of the population quota
by more than ten per cent.

• Census 3. The Commission shall review the boundaries of the constituencies into which
Lesotho is divided in the case of any review after the review of boundaries
referred to in Section 159(3), not less than eight nor more than ten years from
the date of completing its last review, and may, by order, alter the boundaries in
accordance with the provisions of this section to such extent as it considers
desirable in the light of the review:
Provided that whenever a census of the population has been held in pursuance
of any law the Commission may carry out such a review and make such an
alteration to the extent which it considers desirable in consequence of that
census.
3A. In conducting a review of boundaries of the constituencies under this section,
the Commission shall, in accordance with such procedure as may be prescribed
by the Commission, enable representations to be made regarding any matter
relating to a proposed review.
4. Every order made by the Commission under this section shall be published in the
Gazette and shall come into effect upon the next dissolution of Parliament after
it was made.
• Census 5. For the purposes of this section the number of inhabitants of any part of Lesotho
of or above the age of eighteen years shall be ascertained by reference to the
latest census of the population held in pursuance of any law:
Provided that if the Commission considers, by reason of the passage of time
since the holding of the latest census or otherwise, that it is desirable so to do it
may instead or in addition have regard to any other available information which,
in the opinion of the Commission, best indicates the number of those
inhabitants.
6. In this section "the population quota" means the number obtained by dividing by
eighty the number of the inhabitants of Lesotho of or above the age of eighteen
years.
68. [repealed by Act No. 7 of 1997]
69. Decision of questions as to membership of Parliament

1. The High Court shall have jurisdiction to hear and determine any question
whether--
a. any person is validly nominated or designated as a Senator under section

55 of this Constitution;
b. any person has been validly elected as a member of the National Assembly;
or
c. the seat in Senate or the National Assembly of any member thereof has
become vacant;
d. proportional representation seats have been properly allocated.

2. An application to the High Court for the determination of any question under
subsection (1)(a) may be made by any Senator or by any person who is
registered as an elector in elections to the National Assembly or by the
Attorney-General and, if it is made by a person other than the Attorney-General,
the Attorney-General may intervene and may then appear or be represented in
the proceedings.

subsection (1)(b) may be made by any person qualified to vote in the election to
which the application relates or by a political party which participated in the
election or by the Attorney-General and, if it is made by a person other than the
Attorney-General, the Attorney-General may intervene and may then appear or
be represented in the proceedings.
subsection (1)(c) may be made by any member of the National Assembly or by
any person registered as an elector in elections to the National Assembly or by a
political party which participated in the elections or by the Attorney-General
and, if it is made by a person other than the Attorney-General, the
Attorney-General may intervene and may then appear or be represented in the
proceedings.
4A. An application to the High Court for the determination of any question under
subsection (1)(d) may be made by a member of the National Assembly or by any
person registered as an elector in the elections to the National Assembly or by a
political party which participated in the elections or the Independent eletoral
Commission or the Attorney-General, and it if is made by a person other than
the Attorney-General the Attorney-General may intervene and may then
appear or be represented in the proceedings.
5. Parliament may make provision with respect to--
a. the circumstances and manner in which and the conditions upon which any
application may be made to the High Court for the determination of any
question under this section; and
b. the powers, practice and procedure of the High Court in relation to any
such application,
but, subject to any provision in that behalf made by Parliament under this
subsection, the practice and procedure of the High Court in relation to any such
application shall be regulated by rules made by the Chief Justice.
Part 2: Legislation and Procedure in Parliament
70. Power to make laws

1. Subject to the provisions of this Constitution, the legislative power of Lesotho is
vested in Parliament.
2. Nothing in subsection (1) 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.
• Oaths to abide by constitution 71. Oath to be taken by members of Parliament

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.

• Leader of second chamber 72. Presiding in Senate

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.
• Leader of first chamber 73. Presiding in National Assembly

There shall preside at any sitting of the National Assembly--
a. the Speaker of the National Assembly; or
b. in the absence of the Speaker, the Deputy Speaker; or
c. in the absence of the Speaker and the Deputy Speaker, such member of the
Assembly as the Assembly may elect for that purpose.
• Quorum for legislative sessions 74. Quorum in the Houses of Parliament

1. If objection is taken by any Senator who is present that there are present in the
Senate (besides the person presiding) fewer than eight Senators and, after such
interval as may be prescribed in the rules of procedure of the Senate, the person
presiding ascertains that there are still fewer than eight Senators present, he
shall thereupon adjourn the Senate.
2. If objection is taken by any member of the National Assembly who is present,
that there are present in the National Assembly (besides the person presiding)
fewer than thirty members of the National Assembly and, after such interval as
may be prescribed in the rules of procedure of the National Assembly, the
person presiding ascertains that there are still fewer than thirty members of the
National Assembly present, he shall thereupon adjourn the National Assembly.
75. Voting in Parliament

1. Save as otherwise provided in this Constitution, any question proposed for
decision in either House of Parliament shall be determined by a majority of the
votes of the members present and voting.
2. The person presiding in either House of Parliament shall, if he is a member
thereof, have an original vote but he shall have no casting vote, and whenever
there is an equality of votes on any question, the motion before the House shall
be deemed to have been negatived.
3. The rules of procedure of either House of Parliament may make provision under
which a member who votes upon a question in which he has a direct pecuniary
interest shall be deemed not to have voted.

76. Right of Ministers, Deputy Ministers and the

Attorney-General to address either House, etc.
1. A Minister or a Deputy Minister who is a member of the National Assembly shall
be entitled to attend all meetings of the Senate and to take part in all
proceedings thereof but he shall not be regarded as a member of, or be entitled
to vote on any question before, the Senate; and a Minister or a Deputy Minister
who is a Senator shall be entitled to attend all meetings of the National
Assembly and to take part in all proceedings thereof but he shall not be regarded
as a member of, or be entitled to vote on any question before, the National
Assembly.
2. The Attorney-General shall be entitled to attend the National Assembly or the
Senate and to take part in the proceedings of either House of Parliament but he
shall not be entitled to vote on any question before the National Assembly or
the Senate.
77. Unqualified persons sitting or voting

1. Any person who sits or votes in either House of Parliament knowing or having
reasonable grounds for knowing that he is not entitled to do so shall be guilty of
an offence and liable to a fine not exceeding one hundred maloti, or such other
sum as may be prescribed by Parliament, for each day on which he so sits and
votes in that House.
2. Any prosecution for an offence under this section shall be instituted in the High
Court and shall not be so instituted except by the Director of Public
Prosecutions.
78. Mode of exercise of legislative power

1. The power of Parliament to make laws shall be exercisable by bills passed by
both Houses of Parliament (or, in the cases mentioned in section 80 of this
Constitution, by the National Assembly) and assented to by the King.
• Initiation of general legislation 2. A bill may originate only in the National Assembly.
• Division of labor between chambers 3. When a bill has been passed by the National Assembly it shall be sent to the
• Approval of general legislation
Senate and--
a. when it has been passed by the Senate and agreement has been reached
between the two Houses on any amendments made to it by the Senate; or
b. when it is required to be presented under section 80 of this Constitution,

it shall be presented to the King for assent.
• Approval of general legislation 4. When a bill has been presented to the King for assent in pursuance of subsection
(3), he shall signify that he assents or that he withholds assent.
• Approval of general legislation 5. When a bill that has been duly passed is assented to in accordance with the
provisions of this Constitution it shall become law and the King shall thereupon
cause it to be published in the Gazette as a law.
6. No law made by Parliament shall come into operation until it has been published
in the Gazette but Parliament may postpone the coming into operation of any
such law and may make laws with retrospective effect.
7. All laws made by Parliament shall be styled "Acts of Parliament" and the words
of enactment shall be "Enacted by the Parliament of Lesotho".

79. Restrictions with regard to certain financial measures

Except with the consent of the Cabinet signified by a Minister, neither House of
Parliament shall--
a. proceed upon any bill (including any amendment to a bill) that, in the
opinion of the person presiding, makes provision for any of the following
purposes--
• Tax bills i. for the imposition of taxation or the alteration of taxation otherwise
than by reduction;
• Spending bills ii. for the imposition of any charge upon the Consolidated Fund or any
other public fund of Lesotho or the alteration of any such charge
otherwise than by reduction;
• Spending bills iii. for the payment, issue or withdrawal from the Consolidated Fund or
any other public fund of Lesotho of any moneys not charged thereon or
any increase in the amount of such a payment, issue or withdrawal; or
iv. for the composition or remission of any debt due to the Government of
Lesotho; or
b. proceed upon any motion (including any amendment to a motion) the effect
of which, in the opinion of the person presiding, would be to make provision
for any of those purposes.
• First chamber reserved policy areas 80. Limitation of powers of Senate

• Spending bills 1. When a bill that is passed by the National Assembly and that is certified by the
Speaker of the National Assembly under subsection (2) as an Appropriation bill
is sent to the Senate it shall forthwith be introduced in the Senate and shall be
passed by the Senate without delay; and if it is not passed by the Senate by the
end of the day after the day on which it was sent to the Senate or if it is passed
by the Senate with amendments to which the National Assembly does not by
then agree, the bill, with such amendments, if any, as may have been agreed to
by both Houses, shall, unless the National Assembly otherwise resolves, be
presented to the King for assent.
2. When a bill that in the opinion of the Speaker of the National Assembly is an
Appropriation bill is sent to the Senate from the National Assembly it shall bear
a certificate of the Speaker of the National Assembly that it is an Appropriation
bill.
3. When a bill, other than a bill that is certified by the Speaker as an Appropriation
bill, is passed by the National Assembly and, having been sent to the Senate at
least thirty days before the end of the session, is not passed by the Senate within
thirty days after it is so sent or is passed by the Senate with amendments to
which the National Assembly does not agree within thirty days after the bill was
sent to the Senate, the bill, with such amendments, if any, as may have been
agreed to by both Houses, shall, unless the National Assembly otherwise
resolves, be presented to the King for assent.
4. When a bill is presented to the King in pursuance of this section for assent it
shall bear a certificate by the Speaker of the National Assembly that this section
has been complied with.

5. A certificate given by the Speaker of the National Assembly under this section
shall be conclusive for all purposes and shall not be questioned in any court.
6. Any function that, under this section, falls to be exercised by the Speaker of the
National Assembly may, if he is absent or is for any other reason unable to
exercise the functions of his office, be exercised by the Deputy Speaker.
81. Regulation of procedure in Parliament etc

1. Subject to the provisions of this Constitution, each House of Parliament may
regulate its own procedure and may in particular make rules for the orderly
conduct of its own proceedings.
2. Each House of Parliament may act notwithstanding any vacancy in its
membership (including any vacancy not filled when the House first meets after
any general election) and the presence or participation of any person not
entitled to be present at or to participate in the proceedings of the House shall
not invalidate those proceedings.
• Legislative committees 3. Parliament may, for the purpose of the orderly and effective discharge of the
business of the two Houses, make provision for the powers, privileges and
immunities of those Houses and the Committees and the members thereof
(including any person who is President or Vice-President or Speaker or Deputy
Speaker of either House, having been elected from among persons who were
not members thereof).
Part 3: Summoning, Prorogation and Dissolution
• Length of legislative sessions 82. Sessions of Parliament, etc

1. Each session of Parliament shall be held at such place within Lesotho and shall
begin at such time as the King shall appoint:
Provided that--
a. the time appointed for the meeting of Parliament after Parliament has been
prorogued shall be not later than twelve months from the end of the
preceding session; and
b. after Parliament has been dissolved, the time appointed for the meeting of
the National Assembly shall not be later than fourteen days after the
holding of a general election of members of the National Assembly and the
time appointed for the meeting of the Senate shall be such time as may be
convenient after the nomination of one or more Senators in accordance
with section 55 of this Constitution.
2. Subject to the provisions of subsection (1), the sittings of each House of
Parliament shall be held at such time and place as that House may, by its rules of
procedure or otherwise, determine.
83. Prorogation and dissolution of Parliament

• Dismissal of the legislature 1. The King may at any time prorogue or dissolve Parliament.
• Term length for first chamber 2. Subject to the provisions of subsection (3), Parliament, unless sooner dissolved,
• Term length of second chamber
shall continue for five years from the date when the two Houses of Parliament
first meet after any dissolution and shall then stand dissolved.

• Emergency provisions 3. At any time when Lesotho is at war Parliament may from time to time extend the
period of five years specified in subsection (2) for not more than twelve months
at a time:
Provided that the life of Parliament shall not be extended under this subsection
for more than five years.
• Dismissal of the legislature 4. In the exercise of his powers to dissolve or prorogue Parliament, the King shall
act in accordance with the advice of the Prime Minister:
Provided that--
a. if the Prime Minister recommends a dissolution and the King considers that
the Government of Lesotho can be carried on without a dissolution and
that a dissolution would not be in the interests of Lesotho, he may, acting in
accordance with the advice of the Council of State, refuse to dissolve
Parliament;
b. if the National Assembly passes a resolution of no confidence in the

Government of Lesotho and the Prime Minister does not within three days
thereafter either resign or advise a dissolution the King may, acting in
accordance with the advice of the Council of State, dissolve Parliament; and
c. if the office of Prime Minister is vacant and the King considers that there is
no prospect of his being able within a reasonable time to find a person who
is the leader of a political party or a coalition of political parties that will
command the support of a majority of the members of the National
Assembly, he may, acting in accordance with the advice of the Council of
State, dissolve Parliament.
5. A resolution of no confidence in the Government of Lesotho shall not be
effective for the purposes of subsection (4)(b) unless it proposes the name of a
member of the National Assembly for the King to appoint in the place of the
Prime Minister.
84. General elections

• Scheduling of elections 1. Subject to the provisions of subsection (2), a general election of members of the
National Assembly shall be held at such time within three months after any
dissolution of Parliament as the King may appoint.
• Emergency provisions 2. If, after a dissolution of Parliament and before the holding of a general election
• Extraordinary legislative sessions
of members of the National Assembly, the King is advised by the Council of State
that, owing to a state of war or of a state of emergency in Lesotho, it is necessary
to recall Parliament, the King shall recall the Parliament that has been dissolved
and that Parliament shall be deemed to be the Parliament for the time being
(and the members of the dissolved Parliament shall be deemed to be the
members of the recalled Parliament), but the general election of members of the
National Assembly shall proceed and the recalled Parliament shall, if not sooner
dissolved, stand dissolved on the day immediately preceding the day fixed for
such general election or, if more than one such day, the first of such days.
84A. Power of Parliament to enact further provisions

Parliament may, subject to the provisions of this Constitution, enact such laws as
may be necessary for the purposes of this Chapter including laws for the registration
of electors, the conduct of elections, the powers, duties and functions of the
Electoral Commission and the registration and regulation of political parties.

• Referenda 84B. Referendum

1. The King may, on the advice of the Prime Minister order that a referendum be
conducted to obtain the opinion of the electors on any matter he considers to be
of national interest.
2. Parliament may make provision fo rthe conduct of a referendum.
CHAPTER VII: ALTERATION OF CONSTITUTION
• Constitution amendment procedure 85. Alteration of Constitution

1. Subject to the provisions of this section, Parliament may alter this Constitution.
2. A bill for an Act of Parliament under this section shall not be passed by
Parliament unless it is supported at the final voting in the National Assembly by
the votes of the majority of all the members of the Assembly and, having been
sent to the Senate, has become a bill that, apart from this section, may be
presented to the King for his assent under subsection 80(1) or (3) as the case
may be, of this Constitution.
• Referenda 3. A bill to alter any of the following provisions of this Constitution, that is to say--
a. this section, sections 1(1) and 2, Chapter II except sections 18(4) and 24(3),
sections 44 to 48 inclusive, 50(1) to (3), 52, 86, 91 (1) to (4), 92, 95, 103,
104, 107, 108, 118(1) and (2), 119(1) to (3), 120(1), (2), (4), and (5), 121,
123(1), (3), (4), 125, 128, 129, 132, 133 and sections 154 and 155 in their
application to any of the provisions mentioned in this paragraph; and
b. sections 37, 38, 54 to 60 inclusive; sections 66, 66A, 66B, 66C and 66D, 67,
68, 69(1) and (6), 70, 74, 75(1), 78(1), (2), (3) and (4), 80(1), (2), and (3),
82(1), 83 and 84; sections 134 to 142 inclusive, 150 and 151 and sections
154 and 155 in their application to any of the provisions mentioned in this
paragraph,
shall not be submitted to the King for his assent unless the bill, not less than two
nor more than six months after its passage by Parliament, has, in such manner as
may be prescribed by or under an Act of Parliament, been submitted to the vote
of the electors qualified to vote in the election of the members of the National
Assembly, and the majority of the electors voting have approved the bill:
Provided that if the bill does not alter any of the provisions mentioned in
paragraph (a) and is supported at the final voting in each House of Parliament by
the votes of no less than two-thirds of all the members of that House it shall not
be necessary to submit the bill to the vote of the electors.
4. Nothing in section 80 of this Constitution affects the operation of subsection (3).
5. In this section--
a. references to this Constitution or to any particular provision thereof

include references to any other law in so far as that law alters the
Constitution or, as the case may be, that provision; and
b. references to altering this Constitution or any particular provision 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 VIII: THE EXECUTIVE
• Name/structure of executive(s) 86. Executive authority of Lesotho

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.
87. Ministers of Government of Lesotho

• Name/structure of executive(s) 1. There shall be a Prime Minister who shall be appointed by the King acting in
• Head of government selection
accordance with the advice of the Council of State.
• Minimum age of head of government 2. The King shall appoint as Prime Minister the member of the National Assembly
• Head of government's role in the
legislature 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.
• Establishment of cabinet/ministers 3. There shall be, in addition to the office of Prime Minister, such other offices of
• Cabinet selection
• Deputy executive 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.
• Eligibility for cabinet 4. The King shall, acting in accordance with the advice of the Prime Minister,
• Cabinet selection
appoint the other Ministers 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 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.
• Cabinet removal 5. The King may, acting in accordance with the advice of the Council of State,
• Head of government removal
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.
• Head of government removal 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.
• Cabinet removal 7. The office of a Minister other than the Prime Minister shall become vacant--
• Eligibility for cabinet
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 dissolution 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.
• Establishment of cabinet/ministers 88. Cabinet

1. There shall be a Cabinet of Ministers, consisting of the Prime Minister and the
other Ministers.
• Powers of cabinet 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 Deputy

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 during the
latter's absence or illness; or
b. the dissolution or prorogation of Parliament.

89. Allocation of portfolios to Ministers

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.
90. Exercise of Prime Minister's functions during absence,

being on leave or illness
1. Whenever the Prime Minister is absent from Lesotho, is on leave 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--
• Deputy executive 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, is on leave 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:
Provided that if the King considers that it is impracticable to obtain the advice of
the Prime Minister owing to his absence, being on leave or illness, he shall act in
accordance with the advice of the Cabinet.
91. Exercise of the King's functions

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 Kin 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
any person or authority, the question whether 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.
92. The King's right to be consulted and informed

concerning matters of government
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.
93. Deputy Ministers

1. The King, acting in accordance with the advice of the Prime Minister, may
appoint Deputy Ministers, to deputise 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 a Deputy Minister.
2. The provisions of section 87(7) of this Constitution shall apply in relation to a
Deputy Minister as they apply in relation to a Minister.
3. Whenever a Miniser is absent from Lsotho, is on leave or is by reason of illness
unable to exercise the functions conferred on him or her by this Constitution,
those functions shall be exercised by the Deputy Minister.
4. If the Minister does not have a Deputy Minister or the Deputy Minister is absent
from Lesotho, is on leave or is by reason of illness unable to exercise the
functions of the office of Minister, the assignment of responsibility to any
Minister under section 89 shall apply.

• Oaths to abide by constitution 94. Oath to be taken by Ministers and Deputy Ministers
A Minister or a Deputy Minister shall 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.
• Advisory bodies to the head of state 95. The Council of State

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;
i. not more than three persons who shall be appointed by the King on the
advice of the Prime Minister, by virtue of their special expertise, skill or
experience:
Provided that no person shall be appointed under this paragraph if he is

disqualified to be elected as a member of the National Assembly under
section 59 of this Constitution;
j. a member of the legal profession in private practice who shall be nominated

by the Law Society established by the Law Society Act 1983, or by some
other professional body established under any law replacing the Law
Society Act 1983.
3. A person who is not a citizen of Lesotho shall not be eligible to sit as a member of
the Council of State.

4. Subject to subsection (5), a member of the Council of State referred to in

subsection (2)(c), (g), (i) or (j) shall hold office for a period of six years but shall be
eligible for reappointment as a member of the Council of State.
5. A member of the Council of State shall vacate his office--
a. in the case of a member referred to in subsection (2)(a), (b), (d), (e) or (f), if
he ceases to hold the office by virtue of which he became such a member;
b. in the case of a member referred to in subsection (2)(c) if the King, acting in

accordance with the advice of the Chief Justice, so directs;
c. in the case of a member referred to in subsection (2)(g), if he is removed by

the College of Chiefs;
d. in the case of a member referred to in subsection (2)(h), if he ceases to be

such leader as is mentioned in subsection (2)(h) or when the National
Assembly first meets after a dissolution of Parliament, whichever first
occurs;
e. in the case of a member referred to in subsection (2)(i), if he is removed by

the King on the advice of the Prime Minister:
Provided that the provisions of section 142 (4) to (7) shall apply to any such
member as they apply to a person holding the office of Auditor-General;
f. in the case of a member referred to in subsection (2)(j) if he is removed by

the Law Society or such other professional body as is mentioned in
subsection (2)(j).
6. The quorum of the Council of State is eight and subject thereto the Council may
act notwithstanding any vacancy in its membership.
7. Meetings of the Council of State shall be summoned by the King and its advice
shall be tendered in writing.
8. If the King does not call a meeting of the Council of State for consideration of
any matter on which the advice of the Council is required, the Prime Minister
shall summon a meeting of the Council of State, failing which any member of the
Council, supported by not less than seven other members, may call a meeting of
the Council of State.
9. The King may attend any meeting of the Council and, if he does attend, shall
preside; in the absence of the King the Prime Minister or such other member as
may be prescribed by its rules of procedure shall preside at meetings of the
Council.
10. The Council of State may request any public officer or any other person holding
or acting in any office established by or under this Constitution or any authority
so established to assist it in the exercise of its functions (whether by way of
attendance before the Council or otherwise) and any such officer or authority
shall comply with any such request.
11. Subject to the provisions of this section, the Council of State may regulate its
own procedure.

96. Principal Secretaries

Where any Minister has been charged with responsibility for any department of
government, he shall exercise general direction and control over that department
and, subject to such direction and control, every department of government shall be
under the supervision of the Principal Secretary whose office shall be an office in the
public service:
Provided that two or more government departments may be placed under the
supervision of one Principal Secretary.
97. Government Secretary

1. There shall be a Government Secretary whose office shall be an office in the
public service.
2. The Government Secretary, who shall have charge of the Cabinet Office, shall be
responsible, in accordance with such instructions as may be given to him by the
Prime Minister, for arranging the business for, and keeping the minutes of, the
Cabinet, for conveying the decisions of the Cabinet to the appropriate person or
authority and shall have such other functions as the Prime Minister may from
time to time direct or as may be conferred on him by any other law.
• Attorney general 98. Attorney-General

1. There shall be an Attorney-General whose office shall be an office in the public
service.
2. It shall be the duty of the Attorney-General--
a. to provide legal advice to Government;
b. to exercise ultimate authority over the Director of Public Prosecutions;
c. to take necessary legal measures for the protection and upholding of this
Constitution and the other laws of Lesotho;
d. to exercise or perform any of the rights, prerogatives, privileges or

functions of the State before courts or tribunals; and
e. to perform such other duties and exercise such other powers as may be
conferred on him by this Constitution or any other law.
3. The Attorney-General may exercise his functions personally or through officers
subordinate to him in accordance with his general or special instructions.
4. In the exercise of the functions vested in him by subsection (2)(a) and (b) and
section 69 of this Constitution, the Attorney-General shall not be subject to the
direction or control of any other person or authority.
5. The Attorney-General shall take and subscribe such oath of office for the due
execution of his functions as may be prescribed by Parliament.
• Attorney general 99. Director of Public Prosecutions

1. There shall be a Director of Public Prosecutions whose office shall be an office in
the public service.

2. The Director of Public Prosecutions shall have power in any case in which he
considers it desirable so to do--
a. to institute and undertake criminal proceedings against any person before

any court (other than a court-martial) in respect of any offence alleged to
have been committed by that person;
b. to take over and continue any such criminal proceedings that have been
instituted or undertaken by any other person or authority; and
c. to discontinue at any stage before judgement is delivered any such criminal

proceedings instituted or undertaken by himself or any other person or
authority.
3. The powers of the Director of Public Prosecutions under subsection (2) may be
exercised by him in person or by officers subordinate to him acting in
accordance with his general or special instructions.
4. The powers conferred on the Director of Public Prosecutions by subsections
(2)(b) and (c) shall be vested in him to the exclusion of any other person or
authority except the Attorney-General:
Provided that where any other person or authority has instituted criminal
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.
• Head of state powers 100. Constitution of offices

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.
• Power to pardon 101. Prerogative of Mercy

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
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.
102. Pardons Committee on Prerogative of Mercy

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.
103. Chiefs
1. The twenty-two offices of Principal Chief set out in Schedule 2 to this
Constitution and the other offices of Chief recognised under the law in force
immediately before the commencement of this Constitution shall continue to
exist.
2. Parliament may make provision for the regulation of offices of chief.
3. Each Chief shall have such functions as are conferred on him by this
Constitution or by or under any other law.
104. College of Chiefs

1. There shall be a College of Chiefs which, subject to the provisions of subsection
(3), shall consist of the twenty-two Principal Chiefs.
2. The College of Chiefs shall have the functions conferred on it by section 45 and
section 46 of this Constitution and the duty to maintain and safeguard the
national archives in relation to those functions, and it shall also have such other
functions as may be conferred on it by any other law.

3. The College of Chiefs may, by resolution, co-opt members to assist it in the

performance of its functions:
Provided that such co-opted members shall not exceed three in number at any
one time.
4. A co-opted member of the College of Chiefs may attend and take part in all
meetings of the College but he shall not be entitled to vote on any question
before the College.
5. The College of Chiefs may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership or the absence of any member 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:
Provided that any decision of the College shall require the concurrence of a
majority of all the members thereof (other than the co-opted members).
6. Subject to the provisions of this section, the College of Chiefs may regulate its
own procedure.
• Economic plans 105. National Advisory Planning Board

1. There shall be a National Advisory Planning Board which shall consist of the
following members,
a. not more than three persons for the time being designated in that behalf by
the King, acting in accordance with the advice of the Council of State;
b. not more than six persons who are for the time being designated in that
behalf by a Minister or Ministers specified by the Prime Minister and who
possess such professional qualifications as, in the opinion of the relevant
Minister, will enable them to make a special contribution to the work of the
Board;
c. not more than three persons for the time being designated in that behalf by
such organisations representative of local government authorities as may
be so designated by the Minister for the time being responsible for local
government;
d. not more than three persons for the time being designated in that behalf by
such organisations representative of the private sector as may be so
appointed by the Minister for the time being responsible for trade and
industry; and
e. not more than three persons for the time being designated in that behalf by
livestock farmers and other agro-allied associations.
2. The functions of the National Advisory Planning Board shall be,
a. to advise the Minister responsible for development planning on -
i. issues relating to the planning and budgeting systems;
ii. the alignment of the medium-term expenditure framework approach

with strategic planning documents;

iii. the integration of district planning activities in the national planning

system; and
iv. the preparation of guidelines for planning activities;
b. to review progress -
i. towards achievement of targets, goals and objectives of the national

vision and provide advice on the procedures to be followed in the
periodic updating of the national vision; and
ii. on the inclusion of poverty reduction priorities in the planning and

budgetary system.
3. Parliament may make provision for the purpose of giving effect to the provisions
of this section and in particular may make provision in respect of the following:--
a. the election of Chairman;
b. the term of office of members of the National Advisory Planning Board; and
c. the procedure of the National Advisory Planning Board.

4. The National Advisory Planning Board shall -
a. prior to each financial year, submit an annual work-plan and budget to the
Minister responsible for development planning; and
b. at the end of each financial year, submit an annual report on the activities of
the Board to the Minister responsible for development planning shall table
the report before Cabinet and Parliament.
5. The Minister responsible for finance and development planning shall table the
report before Cabinet and Parliament.
• Municipal government 106. Local authorities

1. Parliament shall establish such local authorities as it deems necessary to enable
urban and rural communities to determine their affairs and to develop
themselves. Such authorities shall perform such functions as may be conferred
by an Act of Parliament.
2. Any enactment which provides for the establishment of a local authority and in
force immediately before the coming into operation of this Constitution shall
continue in force subject to repeal or modification by Parliament.

CHAPTER IX: LAND
• Ownership of natural resources 107. Land vested in Basotho Nation

Without prejudice to any allocation of land that was made before the
commencement of this Constitution and was subsisting immediately before such
commencement or to any interests or rights in or over land that were otherwise
vested in any person immediately before such commencement and without
prejudice to any allocation of land or any grant of any interest or right in or over land
that may, in accordance with the provisions of this Constitution and, subject thereto,
of any other law, be made after the commencement of this Constitution, all land in
Lesotho is vested in the Basotho Nation.
• Head of state powers 108. Power to allocate land, etc. vested in the King in trust
for Basotho Nation
1. The power to allocate land that is vested in the Basotho Nation, to make grants
of interests or rights in or over such land, to revoke or derogate from any
allocation or grant that has been made or otherwise to terminate or restrict any
interest or right that has been granted is vested in the King in trust for the
Basotho Nation.
2. The power that is vested in the King by subsection (1) of this section shall be
exercised in accordance with this Constitution and any other law.
109. Laws regulating principles on which land may be

allocated, etc
Parliament may make provision prescribing the allocations that may be made and
the interests or rights that may be granted in exercise of the power conferred by
section 108 of this Constitution, the grounds upon which and the circumstances in
which such allocations or grants may or shall be so made or may or shall be revoked
or derogated from or the interests or rights which may or shall otherwise be so
terminated or restricted, appeals in respect of the allocation or refusal to allocate
land or the revocation of interests to or in land and, generally, regulating the
principles according to which and the manner in which the said power shall be
exercised.
CHAPTER X: FINANCE
110. Consolidated Fund

All revenues or other moneys raised or received for the purposes of the government
of Lesotho (not being revenues or other moneys that are payable, by or under an Act
of Parliament, into some other fund established for any specific purpose or that may,
by or under such an Act, be retained by the authority that received them for the
purpose of defraying the expenses of that authority) shall be paid into and form a
Consolidated Fund.

111. Withdrawals from Consolidated Fund or other public

funds
1. No moneys shall be withdrawn from the Consolidated Fund except--
a. to meet expenditure that is charged upon the Fund by this Constitution or

by any Act of Parliament; or
b. where the issue of those moneys has been authorised by an Appropriation

Act or by an Act made in pursuance of section 113 of this Constitution.
2. Where any moneys are charged by this Constitution or any Act of Parliament
upon the Consolidated Fund or any other public fund, they shall be paid out of
that fund by the Government of Lesotho to the person or authority to whom
payment is due.
3. No moneys shall be withdrawn from any public fund other than the
Consolidated Fund unless the issue of those moneys has been authorised by or
under any law.
4. Parliament may prescribe the manner in which withdrawals may be made from
the Consolidated Fund or any other public fund.
5. The investment of moneys forming part of the Consolidated Fund shall be made
in such manner as may be prescribed by or under an Act of Parliament.
6. Notwithstanding the provisions of subsection (1), provision may be made by or
under an Act of Parliament authorising withdrawals to be made from the
Consolidated Fund, in such circumstances and to such extent as may be
prescribed by or under an Act of Parliament, for the purpose of making
repayable advances.
• Budget bills
• Spending bills
112. Authorisation of expenditure from Consolidated Fund
by appropriation
1. The Minister for the time being responsible for finance shall cause to be
prepared and laid before both Houses of Parliament in each financial year
estimates of the revenues and expenditure of Lesotho for the next following
financial year.
2. When the estimates of expenditure (other than expenditure charged upon the
Consolidated Fund by this Constitution or by any Act of Parliament) have been
approved by the National Assembly, a bill, to be known as an Appropriation bill,
shall be introduced in the Assembly, providing for the issue from the
Consolidated Fund of the sums necessary to meet that expenditure and the
appropriation of those sums, under separate votes for the several heads of
expenditure approved, to the purposes specified therein.
3. If in respect of any financial year it is found--
a. that the amount appropriated by the Appropriation Act to any purpose is

insufficient or that a need has arisen for expenditure for a purpose to which
no amount has been appropriated by that Act; or
b. that any moneys have been expended for any purpose in excess of the
amount appropriated to that purpose by the Appropriation Act or for a
purpose to which no amount has been appropriated by that Act,

a supplementary estimate or, as the case may be, a statement of excess showing
the sums required or spent shall be laid before both Houses of Parliament and,
when the supplementary estimate or statement of excess has been approved by
the National Assembly, a supplementary Appropriation bill shall be introduced
in the Assembly, providing for the issue of such sums from the Consolidated
Fund and appropriating them to the purposes specified therein.
• Budget bills 113. Authorisation of expenditure in advance of

appropriation
Parliament may make provision under which, if it appears to the Minister for the
time being responsible for finance that the Appropriation Act for any financial year
will not come into operation by the beginning of that financial year, he may authorise
the withdrawal from the Consolidated Fund of moneys for the purpose of meeting
expenditure necessary to carry on the government of Lesotho in respect of the
period commencing with the beginning of that financial year and expiring four
months thereafter or on the coming into operation of the Act, whichever is the
earlier:
Provided that--
a. the moneys so authorised to be withdrawn in advance of the Appropriation

Act for any financial year shall not exceed in total one-third of the sums
included in the estimates of expenditure for the proceeding financial year
that have been laid before the Assembly;
b. no sums shall be so authorised to be withdrawn to meet expenditure on any

head of expenditure in that financial year if no sums had been voted to
meet expenditure on that head of expenditure in respect of the preceding
financial year; and
c. any moneys so withdrawn shall be included, under separate votes for the
several heads of expenditure in respect of which they were withdrawn, in
the Appropriation Act.
114. Contingencies Fund

1. Parliament may make provision for the establishment of a Contingencies Fund
and for authorising the Minister for the time being responsible for finance, if
satisfied that there has arisen an urgent and unforseen need for expenditure for
which no other provision exists, to make advances from that Fund to meet that
need.
2. Where any advance is made from the Contingencies Fund, a supplementary
estimate shall be presented and a supplementary Appropriation bill shall be
introduced as soon as possible for the purpose of replacing the amount so
advanced.
115. Remuneration of certain officers

• Compensation of legislators 1. There shall be paid to the holders of the offices to which this section applies such
salary and such allowances as may be prescribed by or under an Act of
Parliament.
2. The salaries and allowances prescribed in pursuance of this section in respect of
the holders of the offices to which this section applies shall be a charge on the
Consolidated Fund.

• Protection of judges' salaries 3. The salary prescribed in pursuance of this section in respect of the holder of any
office to which this section applies and his other terms of service (other than
allowances that are not taken into account in computing, under any law in that
behalf, any pension payable in respect of his service in that office) shall not be
altered to his disadvantage after his appointment.
4. When a person's salary or other terms of service depend upon his option, the
salary or terms for which he opts shall, for the purposes of subsection (3), be
deemed to be more advantageous to him than any others for which he might
have opted.
• Compensation of legislators 5. This section applies to the offices of the President of the Senate, the Speaker of
• Protection of judges' salaries
the National Assembly, a judge of the High Court, a member of the Independent
Electoral Commission, a member of the Public Service Commission, an
appointed member of the Judicial Service Commission, the Attorney General,
the Director of Public Prosecutions, the Auditor General, the Ombudsman and
such other similar offices as may be established by or under this Constitution.
6. Nothing in this section shall be construed as prejudicing the provisions of
section 150 of this Constitution (which protects pensions rights in respect of
service as a public officer).
116. Public debt

1. All debt charges for which Lesotho is liable shall be a charge on the Consolidated
Fund.
2. For the purposes of this section debt charges include interest, sinking fund
charges, the repayment or amortisation of debt and all expenditure in
connection with the raising of loans on the security of the Consolidated Fund
and the service and redemption of debt created thereby.
117. Auditor-General
1. There shall be an Auditor-General whose office shall be an office in the public
service.
2. It shall be the duty of the Auditor-General--
a. to satisfy himself that all moneys that have been appropriated by

Parliament and disbursed have been applied to the purposes to which they
were so appropriated and that the expenditure conforms to the authority
that governs it; and
b. at least once in every year to audit and report on the public accounts of the
Government of Lesotho, the accounts of all officers and authorities of that
Government, the accounts of all courts in Lesotho, the accounts of every
Commission established by this Constitution and the accounts of the Clerk
to each House of Parliament.
3. The Auditor-General and any officer authorised by him shall have access to all
books, records, returns, reports and other documents that in his opinion relate
to any of the accounts referred to in subsection (2) and to all cash, stamps,
securities, stores and other property of whatever kind that he considers it
necessary to inspect in connection with any of those accounts and that is in the
possession of any officer or authority of the Government of Lesotho.
4. The Auditor-General shall submit every report made by him in pursuance of
subsection (2) to the Minister for the time being responsible for finance who
shall, not later than seven days after each House of Parliament first meets after
he has received the report, lay it before that House.

5. The Auditor-General shall exercise such other functions in relation to the

accounts of the Government of Lesotho or the accounts of other authorities or
bodies established by law for public purposes as may be prescribed by or under
an Act of Parliament.
6. In exercise of his functions under subsections (2), (3) and (4) the
Auditor-General shall not be subject to the direction or control of any other
person or authority.
CHAPTER XI: THE JUDICATURE
Part 1: The Judiciary
• Structure of the courts 118. The Judiciary

1. The judicial power shall be vested in the courts of Lesotho which shall consist
of--
• Right to appeal judicial decisions a. a Court of Appeal;
b. a High Court;
• Establishment of military courts c. Subordinate Courts and Courts-martial;
d. such tribunals exercising a judicial function as may be established by

Parliament.
• Judicial independence 2. The courts shall, in the performance of their functions under this Constitution or
any other law, be independent and free from interference and subject only to
this Constitution and any other law.
3. The Government shall accord such assistance as the courts may require to
enable them to protect their independence, dignity and effectiveness, subject to
this Constitution and any other law.
Part 2: The High Court
• Structure of the courts 119. Establishment of High Court

1. There shall be a High Court which shall have unlimited original jurisdiction to
hear and determine any civil or criminal proceedings and the power to review
the decisions or proceedings of any subordinate or inferior court, court-martial,
tribunal, board or officer exercising judicial, quasi-judicial or public
administrative functions under any law and such jurisdiction and powers as may
be conferred on it by this Constitution or by or under any other law.
2. The judges of the High Court shall be the Chief Justice and such number, of
other judges (hereinafter referred to as "the puisne judges") as may be
prescribed by Parliament:
Provided that the office of a puisne judge shall not be abolished while there is a
substantive holder thereof.
3. The High Court shall be a superior court of record and, save as otherwise
provided by Parliament, shall have all the powers of such a court.
4. The High Court shall sit in such places as the Chief Justice may appoint.

120. Appointment of judges of High Court

• Ordinary court selection 1. The Chief Justice shall be appointed by the King acting in accordance with the
advice of the Prime Minister.
• Establishment of judicial council 2. The puisne judges shall be appointed by the King, acting in accordance with the
• Ordinary court selection
advice of the Judicial Service Commission.
• Eligibility for ordinary court judges 3. a. A person shall not be qualified to be appointed as a judge of the High Court
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 five 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 replacing that Act, one of which must be held by any person
before he may apply under that Act, or under any such law, to be admitted as a
legal practitioner in Lesotho.
4. If the office of Chief Justice is vacant or the Chief Justice is for any reason
unable to exercise the functions of his office, then, until a person has been
appointed to and has assumed the functions of that office or until the person
holding that office has resumed those functions, as the case may be, they shall be
exercised by such one of the judges of the Court of Appeal or the puisne judges
or such other person qualified to be appointed as a judge of the High Court as
the King, acting in accordance with the advice of the Prime Minister, may
appoint. Before rendering advice to the King for the purposes of this subsection
the Prime Minister shall consult the Chief Justice if he is available:
Provided that--
a. a person may be appointed under this subsection notwithstanding that he

has attained the age prescribed for the purposes of section 121(1) of this
Constitution; and
b. a person appointed under this subsection may, notwithstanding the

assumption or resumption of the functions of the office of Chief Justice by
the holder of that office, continue to act as Chief Justice for so long
thereafter and to such extent as may be necessary to enable him to deliver
judgement or to do any other thing in relation to proceedings that were
commenced before him previously thereto.
• Establishment of judicial council 5. If the office of any puisne judge is vacant or if any such judge is appointed to act
as Chief Justice or is for any reason unable to perform the functions of his office
or if the Chief Justice advises the King that the state of business in the High
Court so requires, the King, acting in accordance with the advice of the Judicial
Service Commission, may appoint a person who is qualified to be appointed as a
judge of the High Court to act as a puisne judge of that Court:
Provided that a person may act as a judge notwithstanding that he has attained
the age prescribed for the purposes of section 121(1) of this Constitution.

• Establishment of judicial council 6. Any person appointed under subsection (5) to act as a puisne judge shall, subject
to the provisions of section 121(7) of this Constitution, continue to act as judge
for the period of his appointment or, if no such period is specified, until his
appointment is revoked by the King, acting in accordance with the advice of the
Judicial Service Commission:
Provided that, notwithstanding the expiration of the period of his appointment
or the revocation of his appointment, he may thereafter continue to act as a
puisne judge for so long as necessary to enable him to deliver judgement or to do
any other thing in relation to proceedings that were commenced before him
previously thereto.
121. Tenure of office of Chief Justice and other judges of

High Court
• Mandatory retirement age for judges 1. Subject to the provisions of this section, a person holding the office of Chief
Justice or other judge of the High Court shall vacate that office when he attains
the prescribed age.
• Ordinary court term length 2. Notwithstanding that he has attained the age prescribed for the purposes of
subsection (1), a person holding the office of Chief Justice or other judge of the
High Court may continue in office for so long after attaining that age as may be
necessary to enable him to deliver judgement or to do any other thing in relation
to proceedings that were commenced before him before he attained that age.
• Supreme/ordinary court judge removal 3. The Chief Justice and any other judge of the High Court may be removed from
office only for inability to perform the functions of his office (whether arising
from infirmity of body or mind or any other cause) or for misbehaviour and shall
not be so removed except in accordance with the provisions of this section.
• Supreme/ordinary court judge removal 4. The Chief Justice and any other judge of the High Court shall be removed from
office by the King if the question of his removal has been referred by the King to
a tribunal appointed under subsection (5) and the tribunal has advised the King
that the Chief Justice or the judge ought to be removed from office for inability
as aforesaid or for misbehaviour.
• Supreme/ordinary court judge removal 5. If the Prime Minister or, in the case of a puisne judge, the Chief Justice
represents to the King that the question of removing a judge under this section
ought to be investigated, then--
a. the King shall appoint a tribunal which shall consist of a Chairman and not
less than two other members, selected in accordance with the provisions of
subsection (6) from among persons who hold or have held high judicial
office; and
the King and advise the King on what action is to be taken in relation to the
Chief Justice or other judge.
• Supreme/ordinary court judge removal 6. When the question of removing the Chief Justice is to be investigated the
members of the tribunal shall be selected by the Prime Minister, and when the
question of removing a puisne judge is to be investigated they shall be selected
by the Chief Justice.

• Supreme/ordinary court judge removal 7. If the question of removing the Chief Justice or a judge from office has been
referred to a tribunal under subsection (5), the King, acting in accordance with
the advice of the Prime Minister in the case of the Chief Justice and acting in
accordance with the advice of the Chief Justice in the case of a puisne judge, may
suspend the Chief Justice, or as the case may be, the judge, from the exercise of
the functions of his office and any such suspension may at any time be revoked
by the King, acting in accordance with such advice as aforesaid, and shall in any
case cease to have effect if the tribunal advises the King that the Chief Justice or
the judge should not be removed from office.
• Mandatory retirement age for judges 8. The prescribed age for the purposes of subsection (1) is the age of seventy-five
years or such other age as may be prescribed by Parliament:
Provided that an Act of Parliament, to the extent to which it alters the
prescribed age after the appointment of a person to be Chief Justice or judge of
the High Court, shall not have effect in relation to that person unless he
consents that it should have effect.
122. Oath by judges of High Court

Before entering upon the duties of his office, the Chief Justice and a puisne judge
shall take and subscribe such oath for the due execution of his office as may be
prescribed by Parliament.
Part 3: The Court of Appeal
• Right to appeal judicial decisions

• Structure of the courts
123. Establishment of Court of Appeal
1. There shall be for Lesotho a Court of Appeal which shall have such jurisdiction
and powers as may be conferred on it by this Constitution or any other law.
2. The judges of the Court of Appeal shall be--
a. the President;
b. such number of Justices of Appeal as may be prescribed by Parliament; and
c. the Chief Justice and the puisne judges of the High Court ex officio.
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.
124. Appointment of judges of Court of Appeal

• Supreme court selection 1. The President shall be appointed by the King on the advice of the Prime
Minister.
• Supreme court selection 2. The Justices of Appeal shall be appointed by the King, acting in accordance with
• Establishment of judicial council
the advice of the Judicial Service Commission after consultation with the
President.

• Eligibility for supreme court judges 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.
before he may apply under that Act, or under any such law to be admitted as a
4. If the office of President is vacant or the President is for any reason unable to
exercise the functions of his office, then, until a person has been appointed to
and has assumed the functions of that office or until the person holding that
office has resumed those functions, as the case may be, they shall be exercised
by such one of the judges of the Court of Appeal or such other person qualified
to be appointed as a judge of the Court of Appeal as the King, acting in
accordance with the advice of the Prime Minister, may appoint. Before
tendering advice to the King for the purposes of this subsection, the Prime
Minister shall consult the President if he is available:
Provided that:
a. a person may be appointed under this subsection notwithstanding that he

Constitution; and
b. a person appointed under this subsection may, notwithstanding the

assumption or resumption of the functions of the office of President by the
holder of that office, continue to act as President for so long thereafter and
to such extent as may be necessary to enable him to deliver judgement or
to do any other thing in relation to proceedings that were commenced
before him previously thereto.
• Establishment of judicial council 5. If the office of a Justice of Appeal is vacant or if any such Justice of Appeal is
appointed to act as President or is for any reason unable to perform the
functions of his office, or if the President advises the King that the state of
business in the Court of Appeal so requires, the King, acting in accordance with
the advice of the Judicial Service Commission after consultation with the
President, may appoint a person who is qualified to be appointed as a Justice of
Appeal to act as a Justice of Appeal:
Provided that a person may act as a Justice of Appeal notwithstanding that he
Constitution.

• Establishment of judicial council 6. Any person appointed under subsection (5) to act as a Justice of Appeal shall,
subject to the provisions of section 125(7) of this Constitution, continue to act
for the period of his appointment or, if no such period is specified, until his
appointment is revoked by the King, acting in accordance with the advice of the
Judicial Service Commission after consultation with the President:
Provided that, notwithstanding the expiration of the period of his appointment
or the revocation of his appointment, he may thereafter continue to act as a
Justice of Appeal for so long as may be necessary to enable him to deliver
judgement or to do any other thing in relation to proceedings that were
commenced before him previously thereto.
125. Tenure of office of appointed judges of Court of

Appeal
• Mandatory retirement age for judges 1. Subject to the provisions of this section, a person holding the office of an
appointed judge of the Court of Appeal shall vacate that office when he attains
the prescribed age.
• Supreme court term length 2. Notwithstanding that he has attained the age prescribed for the purposes of
subsection (1), an appointed judge may continue in office for so long after
attaining that age as may be necessary to enable him to deliver judgement or to
do any other thing in relation to proceedings that were commenced before him
before he attained that age.
• Supreme/ordinary court judge removal 3. An appointed judge may be removed from office only for inability to perform the
functions of his office (whether arising from infirmity of body or mind or any
other cause) or for misbehaviour and shall not be so removed except in
accordance with the provisions of this section.
• Supreme/ordinary court judge removal 4. An appointed judge shall be removed from office by the King if the question of
his removal has been referred by the King to a tribunal appointed under
subsection (5) and the tribunal has advised the King that the appointed judge
ought to be removed from office for inability as aforesaid or for misbehaviour.
• Supreme/ordinary court judge removal 5. If the Prime Minister or, in the case of a Justice of Appeal, the President
represents to the King that the question of removing an appointed judge under
this section ought to be investigated, then--
less than two other members, selected in accordance with the provisions of
subsection (6) from among persons who hold or have held high judicial
office;
the King and advise the King whether the appointed judge ought to be
removed from office under this section for inability as aforesaid or for
misbehaviour.
• Supreme/ordinary court judge removal 6. When the question of removing the President is to be investigated, the members
of the tribunal shall be selected by the Prime Minister and, when the question of
removing a Justice of Appeal is to be investigated, the members of the tribunal
shall be selected by the President.
• Supreme/ordinary court judge removal 7. If the question of removing an appointed judge from office has been referred to
a tribunal under subsection (5), the King, acting in accordance with the advice of
the Prime Minister in the case of the President and in accordance with the
advice of the President in the case of Justice of Appeal, may suspend the
appointed judge from the exercise of the functions of his office and any such
such advice as aforesaid, and shall in any case cease to have effect if the tribunal
advises the King that the appointed judge should not be removed from office.

• Mandatory retirement age for judges 8. The prescribed age for the purposes of subsection (1) is the age of seventy-five
Provided that--
a. a person may be appointed as Justice of Appeal for a fixed period of three

years notwithstanding that he has attained the age referred to in this
subsection or that he will before the expiry of his appointment have
attained that age; and
b. an Act of Parliament, to the extent to which it alters the prescribed age

after the appointment of a person to be a Justice of Appeal, shall not have
effect in relation to that person unless he consents that it should have
effect.
9. In this section and section 126 the expression "appointed judge of the Court of
Appeal" and the expression "appointed judge" mean a person appointed under
section 124(1) or, as the case may be, section 124(2) of this Constitution.
126. Oath by judges of Court of Appeal

Before entering upon the duties of his office, an appointed judge of the Court of
Appeal shall take and subscribe such oath for the due execution of his office as may
be prescribed by Parliament.
Part 4: Subordinate Courts, Courts-Martial and Tribunals
• Structure of the courts 127. Establishment of other courts and Tribunals

Parliament may establish courts subordinate to the High Court, courts-martial and
tribunals, and any such court or tribunal shall, subject to the provisions of this
Constitution, have such jurisdiction and powers as may be conferred on it by or
under any law.
• Constitutional interpretation 128. Reference to High Court in cases in subordinate

courts etc. involving interpretation of Constitution
1. Where any question as to the interpretation of this Constitution arises in any
proceedings in any subordinate court or tribunal and the court or tribunal is of
the opinion that the question involves a substantial question of law, the court or
tribunal may, and shall, if any party to the proceedings so requests, refer the
question to the High Court.
2. Where any question is referred to the High Court in pursuance of this section,
the High Court shall give its decision upon the question and the court or tribunal
in which the question arose shall dispose of the case in accordance with that
decision or, if that decision is the subject of an appeal under section 129 of this
Constitution, in accordance with the decision of the Court of Appeal.

Part 5: Appeals and Rules
• Right to appeal judicial decisions

• Constitutional interpretation
129. Appeals to the Court of Appeal
1. In addition to the right of appeal accorded by section 47 of this Constitution, an
appeal shall lie as of right to the Court of Appeal from decisions of the High
Court in the following cases, that is to say:
a. subject to section 69 of this Constitution, final decisions in any civil or

criminal proceedings on questions as to the interpretation of this
Constitution, including any such decision made on a reference to the High
Court under section 128;
b. final decisions of the High Court in the determination of any question in

respect of which a right of access to the High Court is guaranteed by
section 17 of this Constitution and final decisions of the High Court under
section 22 of this Constitution.
2. Subject to section 69 of this Constitution, the Court of Appeal shall have such
other jurisdiction with regard to appeals as shall be determined by Parliament.
3. The Court of Appeal shall, when determining any matter other than an
interlocutory matter, be composed of an uneven number of judges, not being
less than three.
• Right to appeal judicial decisions 130. Appeals to the High Court

In addition to the supervisory jurisdiction and jurisdiction on a reference conferred
on the High Court by this Constitution, the High Court shall have such jurisdiction
with regard to appeals from decisions of any subordinate court, court-martial or
tribunal as may be conferred by Parliament.
131. Rules of Court

Without prejudice to any other provision of this Constitution for the making of rules
regulating the practice and procedure of any court--
a. the Chief Justice may make rules for regulating the practice and procedure
of the High Court; and
b. the President may make rules for regulating the practice and procedure of
the Court of Appeal in relation to appeals to the Court (including the
practice and procedure of any court from which such appeals are brought)
whether before or after final judgement in the Court of Appeal:
Provided that no rule which may involve an increase in the expenses of a court shall
be made except with the concurrence of the Minister for the time being responsible
for finance, but the validity of a rule shall not in any proceedings in any court be
called in question either by the court or by any party to the proceedings on the
ground only that it was a rule in which the concurrence of the Minister was
necessary and that he did not concur or is not expressed to have concurred in the
making thereof.

• Establishment of judicial council Part 6: Judicial Service Commission
132. Judicial Service Commission

1. There shall be a Judicial Service Commission which shall consist of--
a. the Chief Justice, as Chairman;
b. the Attorney-General;
c. the Chairman of the Public Service Commission or some other member of

that Commission designated by the Chairman thereof; and
d. a member appointed from amongst persons who hold or have held high
judicial office who shall be appointed by the King acting in accordance with
the advice of the Chief Justice and is hereinafter referred to as the
appointed member.
2. Subject to the provisions of this section, the office of the appointed member of
the Commission shall become vacant at the expiration of five years from the
date of his appointment.
3. The appointed member of the Commission may be removed from office only for
inability to exercise the functions of his office (whether arising from infirmity of
body or mind or any other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of this section.
4. The appointed member of the Commission shall be removed from office by the
King if the question of his removal from office has been referred to a tribunal
appointed under subsection (5) and the tribunal has recommended to the King
that he ought to be removed from office for inability as aforesaid or for
misbehaviour.
5. If the Chairman of the Commission represents to the King that the question of
removing the appointed member of the Commission under this section ought to
be investigated, then--
less than two other members, selected by the Chairman of the Commission
from among persons who hold or have held high judicial office; and
the King and recommend to him whether the appointed member ought to
be removed under this section.
6. If the question of removing the appointed member of the Commission has been
referred to a tribunal under this section, the King, acting in accordance with the
advice of the Chairman of the Commission, may suspend that member from the
exercise of the functions of his office and any such suspension may at any time
be revoked by the King, acting in accordance with such advice as aforesaid and
shall in any case cease to have effect if the tribunal recommends to the King that
member should not be removed.

7. If the office of the appointed member of the Commission is vacant or if the

person holding that office is for any reason unable to exercise the functions of
his office, the King, acting in accordance with the advice of the Chief Justice,
may appoint a person who is qualified to be the appointed member to act as that
member, and any person so appointed shall, subject to the provisions of
subsection (2), continue to act until the office in which he is acting is filled or, as
the case may be, until the holder thereof resumes his functions or until his
appointment to act is revoked by the King acting in accordance with the advice
of the Chief Justice.
8. In the exercise of its functions under this Constitution, the Commission shall not
be subject to the direction or control of any other person or authority.
9. The Commission may by regulation or otherwise regulate its own procedure
and, with the consent of the Prime Minister, may confer powers or impose
duties on any public officer or on any authority of the Government of Lesotho
for the purpose of the discharge of its functions.
10. The Commission may, subject to its rules of procedure, act notwithstanding any
vacancy in its membership or the absence of any member, 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:
Provided that any decision of the Commission shall require the concurrence of a
majority of all the members thereof.
11. The Secretary to the Commission shall be the Registrar of the High Court.
133. Appointment, etc. of judicial officers

1. The power to appoint persons to hold or act in any offices to which this section
applies (including the power to confirm appointments), the power to exercise
disciplinary control over persons holding or acting in such offices and the power
to remove such persons from office shall vest in the Judicial Service
Commission.
2. The Judicial Service Commission may, by directions in writing and subject to
such conditions as it thinks fit, delegate any of its powers under subsection (1) to
any one or more of its members or to any judge of the High Court or to any
person holding or acting in an office to which this section applies.
3. The offices to which this section applies are--
a. the office of Registrar or Assistant Registrar of the High Court or Registrar

or Assistant Registrar of the Court of Appeal;
b. the office of magistrate;
c. the office of member of any subordinate court; or
d. such other offices connected with any court as may be prescribed by or

under an Act of Parliament.
4. Save in so far as Parliament otherwise provides, references in this section to a
member of any court shall not be construed as including references to an
assessor whose functions are advisory or consultative only.
5. In this section references to a court do not include references to a court-martial
or tribunal.

• Human rights commission CHAPTER XIA: HUMAN RIGHTS COMMISSION
133A. Establishment of the Human Rights Commission

There is established a Human Rights Commission (in this Chapter referred to as “the
Commission”) which shall be independent and free from interference and subject
only to this Constitution and any other law.
133B. Composition
The Commission shall consist of the chairman and two other members who shall be
appointed by the King acting in accordance with the advice of the Prime Minister.
133C. Qualification for appointment

A person shall not be qualified to be appointed a member of the Commission if he is a
public officer, and the Prime Minister shall not advise the King to appoint a person as
a member unless he or she is satisfied that the person –
a. has extensive experience in human rights and related disciplines;
b. is of high moral character and integrity and possesses such qualities of mind as
to enable him to discharge his duties impartially, fairly and free from bias or
prejudice; and
c. does not take an active part in, or has retired from, the party politics or political
party activity.
133D. Tenure of office

Subject to the provisions of this section, the office of a member of the Commission
shall become vacant –
a. at the expiration of seven years, in the case of the chairman and five years in the
case of other commissioners, from the date of his appointment; or
b. if he becomes a public officer; or
c. if he becomes a member of either House of Parliament, a local authority, a
candidate for election to Parliament or a local authority, or an officer of a
political party.
133E. Removal from office

1. A member of the Commission may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity of body or
mind or any other cause) incompetence in the performance of the functions of
his office or misbehaviour (including failure to discharge his duties in a fair
manner free from prejudice) and shall not be removed except in accordance with
this section.
2. A member of the Commission shall be removed from office by the King if the
question of his removal from office has been referred to a tribunal appointed
under subsection (3) and the tribunal has recommended to the King that he
ought to be removed from office for inability, incompetence or misbehaviour.

3. If the Judicial Service Commission, in the case of either the Chairman of the
Commission or any other member, represents to the King that the question of
removing a member of the Commission under this section ought to be
investigated, then –
a. the King shall appoint a tribunal which shall consist of a chairman and not
less than two other members, selected by the Prime Minister from among
persons who hold or have held high judicial office; and
b. the tribunal shall enquire into the matter and report on the facts of the
enquiry to the King and recommend to him whether the member ought to
be removed under this section.
4. If the question of removing a member of the Commission has been referred to a
tribunal under this section, the King, acting in accordance with the advice of the
Prime Minister, may suspend that member from the exercise of the functions of
his office and any such suspension may, at any time, be revoked by the King,
acting in accordance with such advice as Prime Minister and shall in any case
cease to have effect in the tribunal recommends to the King that the member
should not be removed.
133F. Functions of the Commission

The Commission shall perform the following functions –
a. monitor the state of human rights throughout Lesotho;
b. monitor the human rights situation of detainees;
c. investigate violations of human rights and, if necessary, be responsible for

instituting proceedings against such violation in the courts of law;
d. sensitise the public on its work, the nature and meaning of human rights;
e. develop and deliver education and training programmes as necessary to the

general public;
f. submit opinions, recommendations, propositions and reports to public

institutions on human rights issues, using the media and other means;
• International law g. advocate for ratification, and recommend the domestication of

international and regional human rights instruments;
• International law h. promote and monitor the harmonisation of national laws and practices with
international and regional human rights instruments ratified by Lesotho;
i. develop and maintain working relations with organisations and

representatives of civil society in Lesotho;
• International organizations j. work in cooperation with the United Nations, regional mechanisms,
national human rights institutions of other countries, in the areas of the
promotion and protection of human rights, and

k. undertake any other activities or responsibilities that are consistent with

the spirit of the promotion and protection of human rights.
133G. Assistance to the Commission

The Government shall accord such assistance as the Commission may require to
enable it to protect its independence, dignity and effectiveness, subject to this
Constitution and any other law.
133H. Annual report of the Commission

1. The Commission shall prepare, submit and present an annual report of its
activities to Parliament.
2. If it considers it necessary, in case of an urgent and specific issue, the
Commission may submit a special report to Parliament at any time, which will be
treated by Parliament in the same manner as an annual report.”
• Ombudsman CHAPTER XII: THE OMBUDSMAN
134. The Ombudsman

1. There shall be an Ombudsman who shall be appointed, subject to the provisions
of subsection (2), by the King acting in accordance with the advice of the Prime
Minister for a term not exceeding four years.
2. A person holding the office of Ombudsman may be removed from office only for
inability to exercise the functions of his office (whether arising from infirmity of
body or mind or any other cause) or for misbehaviour and shall not be removed
except in accordance with the provisions of subsection (3).
3. Section 142(5) to (7) shall apply to the office of Ombudsman as it applies to the
office of Auditor-General.
135. Functions of Ombudsman

1. The Ombudsman may--
a. investigate action taken by any officer or authority referred to in

subsection (2) in the exercise of the administrative functions of that officer
or authority in cases where it is alleged that a person has suffered injustice
in consequence of that action; and
b. perform such other duties and exercise such other powers as may be
conferred on him by an Act of Parliament.
2. Subject to such exceptions and conditions as may be prescribed by Parliament,
the provisions of subsection (1)(a) shall apply in respect of any action taken by
the following officers and authorities:
a. any department of government or any member of such a department;
b. any local government authority and the members and officers of a local
government authority;

c. any statutory corporation and the members and persons in the service of a
statutory corporation.
3. The Ombudsman shall make a written report of every investigation undertaken
by him which--
a. shall include a statement of the action if any, taken by the officer or

authority concerned as a consequence of such investigation; and
b. may include a recommendation as to what remedial action, including the

payment of compensation, should be taken,
and the Ombudsman shall submit annually to Parliament a summary of such
reports.
4. In the exercise of his functions under this section, the Ombudsman shall not be
subject to the directions or control of any other person or authority.
5. Parliament may make provision for the exercise of the functions of the
Ombudsman (including the circumstances in which, and the times within which,
a complaint may be made to the Ombudsman) and, without prejudice to the
generality of the foregoing, the officers and authorities whose actions are not
subject to investigation by him.
CHAPTER XIII: THE PUBLIC SERVICE
136. Public Service Commission

1. There shall be a Public Service Commission which shall consist of a Chairman
and not less than two nor more than four other members, who shall be
appointed by the King, acting in accordance with the advice of the Judicial
Service Commission.
2. A person shall not be qualified to be appointed a member of the Commission if
he is a public officer and the Judicial Service Commission shall not advise the
King to appoint any person as a member unless it is satisfied that such person--
a. is a person of integrity;
b. possesses experience in administrative and public affairs and such other

qualities of mind as to enable him to discharge his duties in a fair manner
free from bias or prejudice;
c. does not take an active part in politics or in political activity.

3. A member of the Commission shall not, within the period of three years
commencing with the day on which he last held or acted in the office of member
of the Commission, be eligible for appointment to or to act in any public office.
4. Subject to the provisions of this section, the office of a member of the
Commission shall become vacant--
a. at the expiration of five years from the date of his appointment; or
b. if he becomes a public officer; or

c. if he becomes a member of either House of Parliament or a local authority

or a candidate for election to Parliament or a local authority, or an officer of
a political party.
5. A member of the Commission may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour (including failure to discharge his
duties in a fair manner free from prejudice) and shall not be removed except in
accordance with this section.
6. A member of the Commission shall be removed from office by the King if the
question of his removal from office has been referred to a tribunal appointed
ought to be removed from office for inability or for misbehaviour.
7. If the Prime Minister in the case of the Chairman of the Commission or the
Chairman in the case of any other member represents to the King that the
question of removing a member of the Commission under this section ought to
be investigated, then--
less than two other members, selected by the Chief Justice from among
the King and recommend to him whether the member ought to be removed
under this section.
8. If the question of removing a member of the Commission has been referred to a
tribunal under this section, the King, acting in accordance with the advice of the
Chief Justice, may suspend that member from the exercise of the functions of
his office and any such suspension may at any time be revoked by the King,
acting in accordance with such advice as aforesaid, and shall in any case cease to
have effect if the tribunal recommends to the King that that member should not
be removed.
9. If the office of Chairman of the Commission is vacant or if the person holding
that office is for any reason unable to exercise the functions of his office, then,
until a person has been appointed to and has assumed the functions of that
office or until the person holding that office has resumed those functions, as the
case may be, they shall be exercised by such one of the other members of the
Commission as may for the time being be designated in that behalf by the King,
acting in accordance with the advice of the Judicial Service Commission.
10. If at any time there are less than two members of the Commission besides the
Chairman or if any such member is appointed to act as Chairman or is for any
reason unable to exercise the functions of his office, the King, acting in
accordance with the advice of the Judicial Service Commission, may appoint a
person who is qualified to be appointed as a member of the Commission to act as
a member, and any person so appointed shall, subject to the provisions of
subsection (4), continue to act until the office in which he is acting has been filled
or, as the case may be, until the holder thereof has resumed his functions or until
his appointment to act has been revoked by the King, acting in accordance with
the advice of the Judicial Service Commission.
11. The Commission shall, in the exercise of its functions under this Constitution,
not be subject to the direction or control of any other person or authority.
12. The Commission may by regulation or otherwise regulate its own procedure
and, with the consent of the Prime Minister, may confer powers or impose
duties on any public officer or on any authority of the Government of Lesotho
for the purpose of the discharge of its functions.

13. The Commission may, subject to its rules of procedure, act notwithstanding any
vacancy in its membership or the absence of any member 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:
Provided that any decision of the Commission shall require the concurrence of a
majority of its members.
137. Appointment, etc. of public officers

1. Subject to the provisions of this Constitution, the power to appoint persons to
hold or act in offices in the public service (including the power to confirm
appointments), and the power to terminate appointments of such persons, save
the power to disipline and terminate the appointment of suh persons for
disciplinary reasons, is vested in the Public Service Commission.
2. Subject to the provisions of this Chapter, the Public Service Commission may, by
directions in writing and subject to such conditions as it thinks fit, delegate any
of its powers under subsection (1) to any one or more members of the
Commission or, with the consent of the Prime Minister, to any public officer.
3. The provisions of this section shall not apply in relation to the following offices,
that is to say--
a. the office of a judge of the Court of Appeal or of the High Court, the office
of the Attorney-General, the office of Auditor-General and the office of
Ombudsman;
b. [deleted by Act No. 7 of 1997]
c. except in relation to appointments thereto or to act therein, the office of

Director of Public Prosecutions;
d. so far only as concerns appointments thereto or to act therein, the office of

Principal Secretary, and the office of Government Secretary;
e. any office to which section 133 of this Constitution (which relates to offices
within the jurisdiction of the Judicial Service Commission) applies;
f. any office the power to make appointments to which is vested in a Teaching

Service Commission established in accordance with section 144 of this
Constitution;
g. the office of Ambassador, High Commissioner or other principal

representative of Lesotho in any other country; and
h. the office of Commander of the Defence Force and offices of members of

the Defence Force, the office of Commissioner of Police and offices of
members of the Police Force, the office of the Director of the National
Security Service and offices of members of the National Security Service,
and the office of Director of Prisons and offices of members of the Prison
Service.
4. No person shall be appointed under this section to or to act in any office on the
King's personal staff except with the concurrence of the King.

5. Before any of the powers conferred by this section in relation to the Clerk of a
House of Parliament or a member of his staff are exercised by the Public Service
Commission or any other person or authority, the Commission or that person or
authority shall consult with the President or Speaker of that House.
6. Before the Public Service Commission or any other person or authority
exercises its powers under this section to appoint to or to act in any public office
any person who holds or is acting in any office the power to make appointments
to which is vested by or under this Constitution in the Judicial Service
Commission or the Teaching Service Commission, the Public Service
Commission or that person or authority shall consult with the Judicial Service
Commission or the Teaching Service Commission, as the case may be.
7. A public officer shall not be removed from office or subjected to any other
punishment under this section on the grounds of any act done or omitted by him
in the exercise of a judicial function conferred on him unless the Judicial Service
Commission concurs therein.
138. [repealed by Act No. 7 of 1997]
139. Principal Secretaries and Government Secretary

1. The power to appoint a person to hold or act in any office to which this section
applies shall vest in the Prime Minister, acting after consultation with the Public
Service Commission:
Provided that the power to appoint a person to hold or act in any such office
upon transfer from another such office carrying the same emoluments shall vest
in the Prime Minister.
2. The offices to which this section applies are the office of any Principal Secretary
and the office of the Government Secretary.
• Attorney general 140. Attorney-General

1. The power to appoint a person to hold or act in the office of Attorney-General
shall vest in the King, acting in accordance with the advice of the Prime Minister.
2.
a. A person shall not be qualified to be appointed to hold or act in the office of
Attorney-General unless he holds one of the specified qualifications and
has held one or other of those qualifications for a total period of not less
than five years.

qualifications specified by the Legal Practitioners Act 1983 or by or under
any law amending or replacing that Act, one of which must be held by any
person before he may apply under that Act, or under any such law, to be
admitted as a legal practitioner in Lesotho.
3. If the office of Attorney-General is vacant or if the Attorney-General is for any
reason unable to exercise the functions of his office, a person qualified for
appointment to that office may be appointed to act therein, and any person so
appointed shall, subject to the provisions of subsections (4), (6) and (8), continue
to act until a person has been appointed to the office of Attorney-General and
has assumed the functions of that office or, as the case may be, until the person
in whose place he is acting has resumed those functions.
4. Subject to the provisions of subsection (6), the Attorney-General shall vacate his
office when he attains the prescribed age.

5. A person holding the office of Attorney-General may be removed from office

only for inability to exercise the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for misbehaviour and shall not
be so removed except in accordance with the provisions of this section.
6. The Attorney-General shall be removed from office by the King if the question
of his removal from office has been referred to a tribunal appointed under
subsection (7) and the tribunal has recommended to the King that he ought to be
removed for inability as aforesaid or for misbehaviour.
7. If the Prime Minister represents to the King that the question of removing the
Attorney-General under this section ought to be investigated, then--
the King and recommend to him whether the Attorney-General ought to be
removed under this section.
8. If the question of removing the Attorney-General has been referred to a tribunal
under this section, the King, acting in accordance with the advice of the Prime
Minister, may suspend the Attorney-General from the exercise of the functions
of his office and any such suspension may at any time be revoked by the King,
have effect if the tribunal recommends to the King that the Attorney-General
9. The prescribed age for the purposes of subsection (4) is the age of fifty-five
prescribed age after the appointment of a person to be or to act as
Attorney-General, shall not have effect in relation to that person unless he
• Attorney general 141. Director of Public Prosecutions

1. a. A person shall not be qualified to be appointed to hold the office of Director of
Public Prosecutions unless he holds one of the specified qualifications and has
held one or other of those qualifications for a total period of not less than five
years.
before he may apply under that Act, or under any such law, to be admitted as a
2. If the office of Director of Public Prosecutions is vacant or if the Director of
Public Prosecutions is for any reason unable to exercise the functions of his
office, a person qualified for appointment to that office may be appointed to act
therein, and any person so appointed shall, subject to the provisions of
subsections (3), (5) and (7), continue to act until a person has been appointed to
the office of Director of Public Prosecutions and has assumed the functions of
that office or, as the case may be, until the person in whose place he is acting has
resumed those functions.
3. Subject to the provisions of subsection (5), the Director of Public Prosecutions
shall vacate his office when he attains the prescribed age.

4. A person holding the office of Director of Public Prosecutions may be removed

from office only for inability to exercise the functions of his office (whether
arising from infirmity of body or mind or any other cause) or for misbehaviour
and shall not be so removed except in accordance with the provisions of this
section.
5. The Director of Public Prosecutions shall be removed from office by the King if
the question of his removal from office has been referred to a tribunal appointed
ought to be removed for inability as aforesaid or for misbehaviour.
6. If the Prime Minister or the Chairman of the Public Service Commission
represents to the King that the question of removing the Director of Public
Prosecutions under this section ought to be investigated, then--
the King and recommend to him whether the Director of Public
Prosecutions ought to be removed under this section.
7. If the question of removing the Director of Public Prosecutions has been
referred to a tribunal under this section, the King, acting in accordance with the
advice of the Public Service Commission, may suspend the Director of Public
Prosecutions from the exercise of the functions of his office and any such
such advice as aforesaid, and shall in any case cease to have effect if the tribunal
recommends to the King that the Director of Public Prosecutions should not be
removed.
prescribed age after the appointment of a person to be or to act as Director of
Public Prosecutions, shall not have effect in relation to that person unless he
142. Auditor-General
1. The power to appoint a person to hold or act in the office of Auditor-General
shall vest in the King, acting in accordance with the advice of the Prime Minister.
2. If the office of Auditor-General is vacant or if the Auditor-General is for any
reason unable to exercise the functions of his office, a person may be appointed
to act as Auditor-General, and any person so appointed shall, subject to the
provisions of subsections (3), (5) and (7), continue to act until a person has been
appointed to the office of Auditor-General and has assumed the functions of
that office or, as the case may be, until the person in whose place he is acting has
resumed those functions.
3. Subject to the provisions of subsection (5), the Auditor-General shall vacate his
office when he attains the prescribed age.
4. A person holding the office of Auditor-General may be removed from office only
for inability to exercise the functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of this section.

5. The Auditor-General shall be removed from office by the King if the question of
his removal from office has been referred to a tribunal appointed under
subsection (6) and the tribunal has recommended to the King that he ought to be
removed for inability as aforesaid or for misbehaviour.
6. If the Prime Minister represents to the King that the question of removing the
Auditor-General under this section ought to be investigated, then--
the King and recommend to him whether the Auditor-General ought to be
removed under this section.
7. If the question of removing the Auditor-General has been referred to a tribunal
under this section, the King, acting in accordance with the advice of the Prime
Minister, may suspend the Auditor-General from the exercise of the functions of
his office and any such suspension may at any time be revoked by the King,
have effect if the tribunal recommends to the King that the Auditor-General
Provided that an Act of Parliament to the extent to which it alters the prescribed
age after the appointment of a person to be or to act as Auditor-General, shall
not have effect in relation to that person unless he consents that it should have
effect.
• Foreign affairs representative 143. Principal representatives of Lesotho abroad

1. The power to appoint persons to hold or act in offices to which this section
applies and to remove from office persons holding or acting in such offices shall
vest in the King, acting in accordance with the advice of the Prime Minister.
2. Before tendering advice for the purposes of this section in relation to any person
who holds any office in the public service, other than an office to which this
section applies, the Prime Minister shall consult the Public Service Commission.
3. The offices to which this section applies are the offices of Ambassador, High
Commissioner or other principal representative of Lesotho in any other country.
144. Teaching Service

1. There shall be a Teaching Service, the functions of which shall be as prescribed
by an Act of Parliament.
2. There shall be a Teaching Service Commission, the composition, powers, duties
and procedure of which shall be as prescribed by an Act of Parliament.
• Designation of commander in chief 145. Defence Force

1. There shall be a Defence Force for the defence of Lesotho.
2. The Prime Minister shall have power to determine the operational use of the
Defence Force.
3. Subject to the provisions of subsection (2) and any Act of Parliament, the
command of the Defence Force shall be vested in the Commander of the
Defence Force.

• Selection of active-duty commanders 4. The power to appoint a person to hold or act in the office of the Commander of
the Defence Force and the power to remove him from that office shall vest in
the King acting on the advice of the Prime Minister, as may be prescribed by an
Act of Parliament.
5. The person holding the office of the Commander of the Defence Force on the da
immediately preceding the date of coming into operation of this Act shall, as
from that date, continue to hold such office, under the same terms and
conditions, as if he had been appointed to do so in accordance with the
provisions of this Act:
Provided that any person who under any existing law would have been required
to vacate his office at the expiration of any period shall vacate his office at the
expiration of that period.
• Selection of active-duty commanders 6. An Act of Parliament shall make provision for the organisation, administration
and discipline of the Defence Force including the appointment of persons to
offices or rank in the Defence Force, the removal from office or reduction in
rank, their punishment for breaches of discipline and the fixing of their
conditions of service.
• Establishment of military courts 146. Courts-Martial Appeal Court

1. There shall be a Courts-Martial Appeal Court which shall have such jurisdiction
and powers as may be conferred on it by any other law.
2. The members of the Courts-Martial Appeal Court shall consist of-
a. the President who shall be a judge;
b. a judge; and
c. a retired army officer with legal experience.

3. The Courts-Martial Appeal Court shall be a superior court of record.
4. The power of appointing persons to the Court-Martial Appeal Court shall vest in
the Prime Minister acting in consultation with the Chief Justice.
147. Police Service

1. There shall be a Police Service for Lesotho that shall be responsible for the
maintenance of law and order in Lesotho.
2. The command of the Police Service shall be vested in the Commissioner of
Police and subject to any direction of the Minister, the Commissioner shall be
responsible for the administration and discipline of the Police Service.
3. The power to appoint a person to hold or act in the office of the Commissioner of
Police and the power to remove him from that office shall vest in the King, acting
on the advice of the Prime Minister, as may be prescribed by an Act of
Parliament.
4. The person holding the office of the Commissioner of Police on the day
immediately preceding the date of coming into operation of this Act shall, as
from that date, continue to hold such office, under the same terms and
provisions of this Act:

5. An Act of Parliament shall make provision for the organisation, administration

and discipline of the Police Service including the appointment of persons to
offices or ranks i the Police Service, the removal from office or reduction in rank,
their punishment for breaches of discipline and the fixing of their conditions of
service.
148. National Security Service

1. There shall be a National Security Service that shall be responsible for the
protection of national security.
2. The Command of the National Security Service shall be vested in the
Director-General of the National Security Service who shall be responsible for
the administration and discipline of the National Security Service.
3. The power to appoint a person to hold or act in the office of Director-General of
the National Security Service and the power to remove him from that office shall
vest in the Prime Minister.
149. Lesotho Correctional Service

1. There shall be a Lesotho Correctional Service that shall be responsible for the
administration of prisons in Lesotho.
2. The superintendence of the Lesotho Correctional Service shall be vested in the
Commissioner of Correctional Service and, subject to any direction of the
Minister, the Commissioner of Correctional Service shall be responsible for the
administration and discipline of the Lesotho Correctional Service.
3. The power to appoint a person to hold or act in the office of the Commissioner of
Correctional Service and the power to remove him from that office shall vest in
the Prime Minister, as may be prescribed by an Act of Parliament.
4. The person holding the office of the Commissioner of Correctional Service on
the day immediately preceding the date of coming into operation of this Act
shall, as from that date, continue to hold such office, under the same terms and
provisions of this Act.
5. An Act of Parliament shall make provision for the organisation, administration
and discipline of the Lesotho Correctional Service including the appointment of
persons to offices or rank in the Lesotho Correctional Service, the removal from
office or reduction in rank, their punishment for breaches of discipline and the
fixing of their conditions of service.
150. Pensions laws and protection of pension rights

1. The law to be applied with respect to any pensions benefits that were granted to
any person before the coming into operation of this Constitution shall be the law
that was in force at the date on which those benefits were granted or any law in
force at a later date that is not less favourable to that person.
2. The law to be applied with respect to any pensions benefits (not being benefits
to which subsection (1) applies) shall--
a. in so far as those benefits are wholly in respect of a period of service as a

public officer that commenced before the date on which this Constitution
came into operation, be the law that was in force immediately before that
date; and

b. in so far as those benefits are wholly or partly in respect of a period of

service as a public officer that commenced after the date on which this
Constitution came into operation, be the law in force on the date on which
that period of service commenced,
or be any law in force at a later date that is not less favourable to that person.
3. Where a person is entitled to exercise an option as to which of two or more laws
shall apply in his case, the law for which he opts shall, for the purposes of this
section, be deemed to be more favourable to him than the other law or laws.
4. All pensions benefits shall be a charge on the Consolidated Fund.
5. In this section "pensions benefits" means any pensions, compensation, gratuities
or other like allowances for persons in respect of their service as public officers
or for the widows, children, dependants or personal representatives of such
persons in respect of such service.
6. References in this section to the law with respect to pensions benefits include
(without prejudice to their generality) references to the law regulating the
circumstances in which any such benefits that have been granted may be
withheld, reduced in amount or suspended and the law regulating the amount of
any such benefits.
151. Power to withhold pensions, etc

1. Where under any law any person or authority has a discretion--
a. to decide whether or not any pensions benefits shall be granted; or
b. to withhold, reduce in amount or suspend any such benefits that have been
granted,
those benefits shall be granted and may not be withheld, reduced in amount or
suspended unless the Public Service Commission concurs in the refusal to grant
the benefits or, as the case may be, in the decision to withhold them, reduce
them in amount or suspend them.
2. Where the amount of any pensions benefits that may be granted to any person
is not fixed by law, the amount of the benefits to be granted to him shall be the
greatest amount for which he is eligible unless the Public Service Commission
concurs in his being granted benefits of a smaller amount.
3. The Public Service Commission shall not concur under subsection (1) or (2) in
any action taken on the ground that any person who holds or has held the office
of judge of the Court of Appeal, judge of the High Court, Attorney-General,
Director of Public Prosecutions, Auditor-General or Ombudsman has been
guilty of misbehaviour in that office unless he has been removed from that office
by reason of such misbehaviour.
4. Before the Public Service Commission concurs under subsection (1) or (2) in any
action taken on the ground that any person who holds or has held any office to
which, at the time of such action, section 133 of this Constitution applies has
been guilty of misbehaviour in that office, the Public Service Commission shall
consult the Judicial Service Commission.
5. In this section "pensions benefits" means any pensions, compensation, gratuities
or other like allowances for persons in respect of their service as public officers
or for the widows, children, dependants or personal representatives of such
persons in respect of such service.

CHAPTER XIV: MISCELLANEOUS
152. Resignations
1. Any person who is appointed, elected or otherwise selected to any office
established by this Constitution or any office of Minister or Deputy Minister
established under this Constitution may resign from that office by writing under
his hand addressed to the person or authority by whom he was appointed,
elected or otherwise selected:
Provided that--
a. the resignation of a person from the office of President or Speaker or

Vice-President or Deputy Speaker of either House of Parliament shall be
addressed to that House; and
b. the resignation of any person from the office of member of either House of
Parliament shall be addressed to the President or Speaker of that House.
2. The resignation of any person from any such office as aforesaid shall take effect
when the writing signifying the resignation is received by the person or
authority to whom it is addressed or any person authorised by that person or
authority to receive it.
153. Re-appointments and concurrent appointments

1. Where any person has vacated any office established by this Constitution or any
office of Minister or Deputy Minister established under this Constitution, he
may, if qualified, again be appointed, elected or otherwise selected to hold that
office in accordance with the provisions of this Constitution.
2. Where this Constitution vests in any person or authority the power to make any
appointment to any office, a person may be appointed to that office,
notwithstanding that some other person may be holding that office, when that
other person is on leave of absence pending the relinquishment of the office;
and where two or more persons are holding the same office by reason of an
appointment made in pursuance of this subsection, then, for the purposes of any
functions conferred upon the holder of that office, the person last appointed
shall be deemed to be the sole holder of the office.
154. Interpretation
1. In this Constitution, unless the context otherwise requires:
• "Chief" does not include the King but includes Principal Chief, and
Headman and any other chief whose office is recognised by section 103(1)
of this Constitution, and references to a Chief are references to the person
who, under the law for the time being in force in that behalf, is recognised
as entitled to exercise the functions of the office of that Chief;
• "Commonwealth" means Lesotho and any country recognised by the

Commonwealth Secretariat situated in London as a member of the
Commonwealth and any dependency of any such country;
• "court-martial" means any court-martial established by Parliament under

section 127 of this Constitution;

• "customary law" means the customary law of Lesotho for the time being in
force subject to any modification or other provision made in respect
thereof by any Act of Parliament;
• "financial year" means the period of twelve months ending on 31st March
in any year or on such other day as Parliament may prescribe;
• "high judicial office" means the office of a judge of a court of 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 the office of a judge of a court having jurisdiction in appeals
from such a court;
• "Gazette" means the Lesotho Government Gazette;
• "law includes--
i. any instrument having the force of law made in exercise of a power

conferred by a law; and
ii. the customary law of Lesotho and any other unwritten rule of law
and "lawful" and "lawfully" shall be construed accordingly;
• "local authority" means a person or body of persons established by law,

responsible for the administration of local government or of local affairs,
and shall include a chief;
• "oath" includes affirmation;
• "oath of allegiance" means the oath of allegiance set out in Schedule 3 to

this Constitution or such other oath as may be prescribed by Parliament;
• "Principal Chief" means a chief whose office is among those set out in
Schedule 2 to this Constitution;
• "public office" means any office of emolument in the public service;
• "public officer" means a person holding or acting in any public office;
• "public service" means, subject to the provisions of this section, the service
of the King in respect of the government of Lesotho;
• "session" means the period beginning when the two Houses of Parliament
first meet after the coming into operation of this Constitution or after
Parliament has at any time been prorogued or dissolved and ending when
Parliament is prorogued or when Parliament is dissolved without having
been prorogued;

• "sitting" means, in relation to a House of Parliament, the period during

which that House is sitting continuously without adjournment and includes
any period during which it is in committee;
• "subordinate court" means any court of law established for Lesotho other
than--
a. the Court of Appeal;
b. the High Court;
c. a court-martial; and
d. a tribunal exercising a judicial function.

2. Unless otherwise indicated, any reference in this Constitution to--
a. a section, Chapter or Schedule shall be read and construed as a reference to

a section or Chapter of or Schedule to this Constitution;
b. a subsection shall be read and construed as a reference to a subsection of

the section in which the reference is made;
c. a paragraph shall be read and construed as a reference to a paragraph of

the Schedule, subsection or definition in which the reference is made.
3. In this Constitution, unless the context otherwise requires, references to an
office in the public service shall be construed as including references to the
office of a judge of Court of Appeal, of a Judge of the High Court and the office
of a member of any subordinate court or tribunal (being an office the
emoluments attaching to which, or any part of the emoluments attaching to
which, are paid directly out of the monies provided by Parliament) but shall not
be construed as including references to the office of assessor in any court.
4. In this Constitution references to a public office shall not be construed as
including--
a. references to the office of King, the Regent, the President or Speaker or the
Vice-President or Deputy Speaker of either House of Parliament, the Prime
Minister or any other Minister, a Deputy Minister or a member of either
House of Parliament; or
b. references to the office of a member of the Public Service Commission or

the Judicial Service Commission, a member of the Council of State, a Chief
or a member of the College of Chiefs; or
c. save in so far as may be provided by Parliament, references to the office of

a member of any other council, board, panel, committee or other similar
body (whether incorporated or not) established by or under any law.
5. In this Constitution unless the context otherwise requires,
a. words and expressions importing the masculine gender include the

feminine;

b. words and expressions in the singular include the plural and words and
expressions in the plural include the singular;
c. where a period of time is expressed--
i. to begin on or to be reckoned from a particular day, that day shall not

be included in the period;
ii. to end or to be reckoned to a particular day, that day shall be included

in the period;
d. where the time limited for the doing of any thing expires or falls upon a
Saturday, Sunday or public holiday the time so limited shall extend to and
the thing may be done on the first following day that is not a Saturday,
Sunday or public holiday.
155. Construction of Constitution

1. For the purposes of this Constitution, a person shall not be regarded as holding
an office by reason only of the fact that he is in receipt of a pension or other like
allowance.
2. In this Constitution, unless the context otherwise requires, a reference to the
holder of an office by the term designating his office shall be construed as
including, to the extent of his authority, a reference to any person for the time
being authorised to exercise the functions of that office.
3. Except in the case where this Constitution provides for the holder of any office
thereunder to be such person holding or acting in any other office as may for the
time being be designated in that behalf by some specified person or authority,
no person may, without his consent, be nominated for election to any such office
or be appointed to or act therein or otherwise be selected therefor.
4. References in this Constitution to the power to remove a public officer from his
office shall be construed as including references to any power conferred by any
law to require or permit that officer to retire from the public service:
Provided that--
a. nothing in this subsection shall be construed as conferring on any person or

authority the power to require a judge of the Court of Appeal or a judge of
the High Court or the Attorney-General or Director of Public Prosecutions
or the Ombudsman or the Auditor-General to retire from the public
service; and
b. any power conferred by any law to permit a person to retire from the public
service shall, in the case of any public officer who may be removed from
office by some person or authority other than a Commission established by
this Constitution, vest in the Public Service Commission.
5. Any provision in this Constitution that vests in any person or authority the
power to remove any public officer from his office shall be without prejudice to
the power of any person or authority to abolish any office or to any law
providing for the compulsory retirement of public officers generally or any class
of public officers on attaining an age specified by or under that law.

6. Where this Constitution vests in any person or authority the power to appoint
any person to act in or to exercise the functions of any office if the holder
thereof (or any other person having a prior right to exercise those functions) is
himself unable to exercise those functions, no such appointment shall be called
in question on the ground that the holder of the office (or that other person) was
not unable to exercise those functions.
7. No provision of this Constitution that any person or authority shall not be
subject to the direction or control of any other person or authority in the
exercise of any functions under this Constitution shall be construed as
precluding a court from exercising jurisdiction in relation to any question
whether that person or authority has exercised those functions in accordance
with this Constitution or any other law.
8. Where, under any provision of this Constitution, any person or authority is
authorised or required to exercise any function after consultation with some
other person or authority, the person or authority first referred to shall not be
required to act in accordance with the advice of the other person or authority
and the question whether such consultation was made shall not be enquired into
in any court.
9. Any reference in this Constitution to a law made before the day on which this
Constitution came into operation shall, unless the context otherwise requires,
be construed as a reference to that law as it had effect immediately before that
day.
10. Any reference in this Constitution to a law that amends or replaces any other
law or any provision of any other law shall be construed as including a reference
to a law that modifies, re-enacts, with or without amendment or modification,
suspends, repeals, adds new provisions to or makes different provision in lieu of
that other law or that provision.
11. Save as otherwise provided, where under the provisions of this Constitution a
person is required to take and subscribe an oath, that person shall be permitted,
if he so desires, to comply with that requirement by taking and subscribing an
affirmation.
• Transitional provisions CHAPTER XV: TRANSITIONAL AND TEMPORARY

PROVISIONS
156. Existing law and related matters

1. Subject to the provisions of this Constitution, the existing laws shall continue in
force and effect on and after the coming into operation of this Constitution and
shall then have effect as if they had been made in pursuance of this Constitution,
but they shall be construed with such modifications, adaptations, qualifications
and exceptions as may be necessary to bring them into conformity with this
Constitution.
2. Where any matter that falls to be prescribed or otherwise provided for under
this Constitution by Parliament or by any other person or authority is prescribed
or provided for by or under any of the existing laws (including any amendment to
any such law made under this section), that prescription or provision shall, as
from the coming into operation of this Constitution, have effect (with such
modifications, adaptations, qualifications and exceptions as may be necessary to
bring it into conformity with this Constitution) as if it had been made under this
Constitution by Parliament or, as the case may be, by the other person or
authority.

3. The King, acting in accordance with the advice of the Minister responsible for
legal affairs, may by regulations made at any time within one year of the coming
into operation of this Constitution make such amendments to any existing law
as may appear to him to be necessary or expedient for bringing that law into
conformity with the provisions of this Constitution or otherwise for giving effect
or enabling effect to be given to those provisions.
4. The provisions of this section shall be without prejudice to any powers
conferred by this Constitution or by any other law upon any person or authority
to make provision for any matter, including the amendment or repeal of any
existing law, and regulations made under this section may be amended or
revoked by Parliament or, in relation to any of the existing laws affected
thereby, by any other authority having power to amend, repeal or revoke that
existing law.
5. In this Chapter, "existing law" means any law or instrument having force and
effect as part of the law of Lesotho immediately before the coming into
operation of this Constitution (and includes any such law or instrument made
before that day and promulgated or otherwise coming into operation on or after
that day), but does not include any such law or instrument which is repealed, by
this Constitution or otherwise, on the coming into operation of this
Constitution.
157. The King and the Regent

1. The person holding the office of King under the Office of King Order 1990
immediately before the coming into operation of this Constitution shall, subject
to the provisions of this Constitution, continue to hold that office and shall take
and subscribe the oath for the due execution of his office which is set out in
• Oaths to abide by constitution 2. A person holding the office of Regent under the Office of King Order 1990
immediately before the coming into operation of this Constitution shall, subject
to the provisions of this Constitution, continue to hold that office and shall take
and subscribe the oath for the due execution of his office which is set out in
• Oaths to abide by constitution 158. Prime Minister

On the coming into operation of this Constitution, the person who is appointed
Prime Minister Designate in accordance with section 4 of the Lesotho Constitution
(Commencement) Order 1993 shall, notwithstanding section 87(2), be deemed to
have been appointed Prime Minister under section 87 of this Constitution, and shall
take and subscribe the oath provided for by section 94.
159. The Assembly

1. On the coming into operation of this Constitution, the members of the National
Assembly elected in the general election held under the National Assembly
Election Order 1992 shall become members of the National Assembly
established by this Constitution--
2. Notwithstanding sections 56, 67 and 74(2) of this Constitution, until the first
dissolution of the National Assembly following the coming into operation of this
Constitution,
a. Lesotho shall be divided into 65 constituencies as provided by the National

Assembly Election Order 1992;

b. the National Assembly shall consist of 65 members; and
c. the quorum of the National Assembly shall be sixteen members.

3. Notwithstanding section 67(3), the Electoral Commission shall, as soon as
practicable before the first dissolution of the National Assembly following the
commencement of this subsection, review the boundaries of the constituencies
into which Lesotho is divided in order to give effect to the provisions of section
67 and may, for the purpose of that review, take into account, modify or where
necessary, repeal any review undertaken by the Constituency Delimitation
Commission in existence before the commencement of this subsection.
160. Rules of Procedure of Parliament

Until rules are made by the Senate and National Assembly under section 81 of this
Constitution, the rules made by the Senate and National Assembly under section 66
of the Independence Constitution of 1966 shall have effect to regulate the
procedure of Parliament.
161. High Court

1. The High Court of Lesotho in existence immediately before the day on which
this Constitution comes into operation shall, as from that day, be the High Court
for the purposes of this Constitution, and any proceedings pending before the
High Court of Lesotho immediately before that day may be continued before the
High Court of Lesotho as hereby constituted and any judgement or order of the
former High Court given, but not satisfied, before that day may be enforced
accordingly.
2. The provisions of section 163 of this Constitution shall apply in relation to the
offices of Chief Justice and judge of the High Court, and any person who, by
virtue of the provisions of this subsection, hold or acts in any such office as from
the coming into operation of this Constitution shall be deemed to have taken
and subscribed any necessary oath under this Constitution.
162. Court of Appeal

1. The Court of Appeal for Lesotho in existence immediately before the day on
which this Constitution comes into operation shall, as from that day, be the
Court of Appeal for the purposes of this Constitution and any proceedings
pending before the Court of Appeal for Lesotho immediately before that day
may be continued before the Court of Appeal as hereby constituted and any
judgement or order of the former Court of Appeal given, but not satisfied,
before that day may be enforced accordingly.
2. The provisions of section 163 of this Constitution shall apply in relation to the
Offices of President and Justices of Appeal of the Court of Appeal and any
person who, by virtue of the provisions of this subsection, holds or acts in any
such office as from the coming into operation of this Constitution shall be
deemed to have taken and subscribed any necessary oath under the
Constitution.

163. Existing public officers

1. Subject to subsection (2), every person who immediately before the day on
which this Constitution comes into operation holds or is acting in an office shall,
as from that day, hold or act in that office or the corresponding office
established by this Constitution as if he had been appointed to do so in
accordance with the provisions of the Constitution:
2. The provisions of this section do not apply to a person who held or acted in any
office established by a law repealed, by this Constitution or otherwise, on the
coming into operation of this Constitution.
164. Salaries charged on the Consolidated Fund

1. Where under any existing law or any arrangements in force immediately before
the coming into operation of this Constitution, provision is made for the salary
and allowances of any person to whom section 163 applies and whose office is
specified in section 115(5) such salary and allowances shall, until Parliament
makes further provision in that regard, be a charge on the Consolidated Fund.
2. The Minister responsible for finance may, by regulations, prescribe the salaries
and allowances of the offices specified in section 115(5) other than those of a
person to whom subsection (1) of this section applies, and such salaries and
allowances shall, until Parliament makes further provision in that regard, be a
charge on the Consolidated Fund.
165. Declaration of public emergency

If, immediately before the coming into operation of this Constitution, a declaration
of emergency made under section 3 of the Emergency Powers Order 1988 is in
force, such declaration shall be deemed to be a declaration of a state of emergency
made on the date on which this Constitution comes into operation and the provisions
of section 23 shall apply accordingly.
166. Repeals
The following enactments are hereby repealed--
a. Part II of the Lesotho Citizenship Order 1971;
b. the Human Rights Act 1983;
c. Sections 8 to 12 (inclusive), 15 and 24 of the Finance Order 1988;
d. the Judicial Service Commission Act 1983.

• God or other deities

• Oaths to abide by constitution
SCHEDULE 1: OATH OF OFFICE OF KING OR REGENT
(Section 51)
In the presence of Almighty God and in the full realisation of the responsibilities and
duties of the high office of King (Regent) and of the binding nature and binding force
of this Oath, I, do swear that I will obey and observe the provisions of the
Constitution and all other laws of Lesotho, that I will discharge my duties in such
manner as to preserve the character of the monarchy as a symbol of the unity of the
Basotho Nation, and that I will accordingly abstain from involving the monarchy in
any way in politics, or with any political party or group.
SO HELP ME GOD.
Sworn before me at on this the day of
SCHEDULE 2: PRINCIPAL CHIEFS (Section 103(1))

The Principal Chief of Botha-Bothe
The Principal Chief of Makhoakhoeng
The Principal Chief of Leribe
The Principal Chief of Tsikoane and Kolbere
The Principal Chief of Ha 'M'amathe, Thupa-Kubu, Tejatejaneng and Jordan
The Principal Chief of Ha Majara
The Principal Chief of Koeneng and Mapoteng
The Principal Chief of Matsieng
The Principal Chief of Ha Ramabanta and Kubake
The Principal Chief of Rothe, Masite, Serooeng, Lets'eng, Kolo Ha Mohlalefi and
Thaba-Tseka Ha Ntaote
The Principal Chief of Thaba-Bosiu
The Principal Chief of Ha Maama
The Principal Chief of Tebang, Ts'akholo and Ha Seleso
The Principal Chief of Tajane, Ha Ramoetsana and Ha Mohale
The Principal Chief of Matelile
The Principal Chief of Likhoele
The Principal Chief of Phamong
The Principal Chief of Taung
The Principal Chief of Quthing
The Principal Chief of Qacha's Nek
The Principal Chief of Mokhotlong
The Principal Chief of Malingoaneng
• God or other deities

• Oaths to abide by constitution
SCHEDULE 3: OATH OR AFFIRMATION OF ALLEGIANCE
(Section 154)
I, do swear (or solemnly affirm) that I will be faithful and bear true allegiance to King ,
his heirs and successors, according to this Constitution and the laws of Lesotho.

So help me God. [To be omitted in affirmation]

Topic index
Access to higher education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Advisory bodies to the head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62, 87, 88
Binding effect of const rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Budget bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68, 69
Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56, 57

Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Census . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Civil service recruitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Claim of universal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Compensation of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69, 70
Compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Conditions for revoking citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77, 78
Constitutionality of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Deputy executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56, 58

Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Dismissal of the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53, 54
Division of labor between chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Economic plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44, 46
Electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46, 47
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 56, 57
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39, 40
Eligibility for head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39, 56
Eligibility for ordinary court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Eligibility for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39, 40
Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 23, 25, 54
Equality regardless of creed or belief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21

Equality regardless of financial status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21

Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Equality regardless of language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Equality regardless of origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Equality regardless of parentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Equality regardless of political party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Equality regardless of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Equality regardless of skin color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56, 57
Establishment of judicial council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72, 73, 74, 75, 76, 79
Establishment of military courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71, 91
Extradition procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 12
Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
First chamber reserved policy areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 18
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 19
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 18
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 11
Freedom of opinion/thought/conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 17, 18
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 21, 23

God or other deities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Head of government removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Head of government selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Head of government's role in the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Head of state immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63, 67
Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
International organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 16, 71
Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 50

Leader of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41, 50
Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Length of legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Limits on employment of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Mandatory retirement age for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73, 74, 76, 77

Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39
Minimum age of head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39, 56
Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Municipal government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46, 66
Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32, 56

National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32, 35, 49, 60, 99, 102

Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Ordinary court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Ownership of natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Power to deport citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 11

Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Powers of cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Principle of no punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Privileges for juveniles in criminal process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 13
Prohibition of double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 13
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 19
Protection from false imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 24
Protection from self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 29
Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Protection of victim's rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Provisions for intellectual property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Radio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Reference to science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46, 55
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Requirements for naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31
Restrictions on entry or exit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 11
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Right to appeal judicial decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 34, 71, 74, 78
Right to choose occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Right to conscientious objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 29
Right to development of personality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Right to enjoy the benefits of science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Right to equal pay for work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Right to examine evidence/witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 15
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 28
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9
Right to pre-trial release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9, 14
Right to protect one's reputation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Right to reasonable standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Right to renounce citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Right to rest and leisure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Right to safe work environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Right to speedy trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Rights of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Scheduling of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Second chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Selection of active-duty commanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Size of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Spending bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52, 68
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71, 74, 77
Supermajority required for legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Supreme court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73, 74, 76
Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Telecommunications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Term length of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Trial in native language of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Ultra-vires administrative actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

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Lesotho's Constitution of 1993

CHAPTER II: PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND

CHAPTER III: PRINCIPLES OF STATE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . 26

Lesotho 1993 (rev. 2011) Page 2

33. Rehabilitation, training and social resettlement of disabled persons . . . . . . . . . . . . . . . . . . 29

CHAPTER IV: CITIZENSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

CHAPTER V: THE KING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

CHAPTER VI: PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Lesotho 1993 (rev. 2011) Page 3

66A. Powers, duties and functions of Electoral Commission . . . . . . . . . . . . . . . . . . . . . . . . . . 46

CHAPTER VII: ALTERATION OF CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . 55

CHAPTER VIII: THE EXECUTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Lesotho 1993 (rev. 2011) Page 4

96. Principal Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

CHAPTER IX: LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

CHAPTER XI: THE JUDICATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Lesotho 1993 (rev. 2011) Page 5

127. Establishment of other courts and Tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

CHAPTER XIA: HUMAN RIGHTS COMMISSION . . . . . . . . . . . . . . . . . . . . . . . 81

CHAPTER XII: THE OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

CHAPTER XIII: THE PUBLIC SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

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CHAPTER XIV: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

CHAPTER XV: TRANSITIONAL AND TEMPORARY PROVISIONS . . . . . . . . . . . 98

SCHEDULE 1: OATH OF OFFICE OF KING OR REGENT (Section 51) . . . . . . . . 102

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CHAPTER I: THE KINGDOM AND ITS CONSTITUTION

1. The Kingdom and its territory

• Constitutionality of legislation 2. The Constitution

3. Official languages, National Seal, etc

CHAPTER II: PROTECTION OF FUNDAMENTAL HUMAN

4. Fundamental human rights and freedoms

c. freedom of movement and residence;

• Prohibition of cruel treatment

• Prohibition of slavery e. freedom from slavery and forced labour;

• Regulation of evidence collection f. freedom from arbitrary search or entry;

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• Freedom of opinion/thought/conscience i. freedom of conscience;

• Freedom of expression j. freedom of expression;

• Freedom of assembly k. freedom of peaceful assembly;

• Freedom of association l. freedom of association;

• Protection from expropriation m. freedom from arbitrary seizure of property;

n. freedom from discrimination;

p. the right to participate in government,

• Right to life 5. Right to life

b. in order to effect a lawful arrest or to prevent the escape of a person

c. for the purpose of suppressing a riot, insurrection or mutiny; or

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d. in order to prevent the commission by that person of a criminal offence,

6. Right to personal liberty

a. in execution of the sentence or order of a court, whether established for

c. in execution of the order of a court made to secure the fulfilment of any

e. upon reasonable suspicion of his having committed, or being about to

g. for the purpose of preventing the spread of an infectious or contagious

h. in the case of a person who is, or is reasonably suspected to be, of unsound

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j. to such extent as may be necessary in the execution of a lawful order

b. upon reasonable suspicion of his having committed, or being about to