ARTICLE 98 UPDATE

C O N F I D E N T I A L MASERU 000157 SIPDIS SIPDIS FOR AF/S AND PM E.O. 12958: DECL: 3/28/2016 TAGS: PREL PGOV KICC LT SUBJECT: ARTICLE 98 UPDATE REF: MASERU 144 AND PREVIOUS CLASSIFIED BY: JUNE CARTER PERRY, AMBASSADOR, EXEC, STATE. REASON: 1.4 (b),(d) ¶1. (C) Ambassador discussed the latest draft of proposed Article 98 Agreement (March 22 and 24) with Acting Attorney General Makhethe who said he believed we were "very close" on the substance of the Agreement. (Note: The A/AG had a question about "personnel" reference. Post will seek guidance from Department/PM Bureau on this issue. End Note.) Lesotho's Minister of Foreign Affairs, tasked with shepherding the Agreement, is out of the country until April 4. ¶2. (C) According to FOMIN Moleleki, with whom we spoke before his departure to Dubai last week, and the Minister of Finance (Thahane),GOL Prime Minister Mosisili queried the FOMIN about the status of negotiations during last week's Cabinet meeting. Trade Minister Malie, now Secretary General of the ruling LCD party, informed Ambassador March 24 that he would follow-up with A/AG. Malie was also tasked by the PM to work with MFA on the Agreement. Per Cabinet officials, this and other bilateral/multilateral matters are still scheduled for Cabinet review in April. ¶3. (C) Comment: The A/AG has emphasized his role is to "advise" the GOL; final action is "political." Makhethe is also out of the country (in Singapore) until April 5. The GOL has been on the brink of action before. We will continue our discussions with the players involved who are in country now and next week. The PM made a commitment to have Lesotho sign; how firm that is should be apparent within weeks. He is aware of the importance of the matter and, politician that he is, it is hard to imagine he is ignorant of the impact on our long-standing relationship if he reneges. Pressures from Lesotho's non-signatory neighbor are not visible, but should not be discounted given the influence South Africa continues to play in the Mountain Kingdom. End Comment. PERRY