NORMALLY COMPLIANT LESOTHO SENATE REJECTS CONSTITUTIONAL

UNCLAS MASERU 000088

SIPDIS

SIPDIS

DEPT ALSO FOR AF/S

E.O. 12958: N/A
TAGS: PREL PGOV KDEM PHUM LT
SUBJECT: NORMALLY COMPLIANT LESOTHO SENATE REJECTS CONSTITUTIONAL
AMENDMENT

REF: 2007 MASERU 439 AND PREVIOUS


1. SUMMARY: In a stunning demonstration of rare political
independence, on March 19 Lesotho's Senate, the upper house of
the nation's Parliament, defeated a controversial constitutional
amendment which had been approved by the elected lower house of
the Parliament on February 8. Local observers often label the
Senate, a mixed body of hereditary chiefs and political
appointees, as a rubber stamp for the government's political
initiates. However, the controversial "Sixth Amendment," which
a majority of Senators viewed as an effort to retroactively
settle political arguments stemming from the 2007 National
Assembly election in favor of the government, was met with
heated debate and ultimate rejection. In the end, the episode
demonstrated that democratic debate and a willingness to stand
up to political power is alive in Lesotho, and that
constitutional checks and balances play a healthy role in the
Mountain Kingdom. END SUMMARY.

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What is the Sixth Amendment?
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2. A proposed "Sixth Amendment" to Lesotho's constitution was a
wide ranging five-page document addressing a number of banal
administrative issues (i.e., the titles of certain cabinet
members) in addition to one highly controversial point -- the
handling of court cases regarding the outcome of elections. The
Government's version of the amendment included language allowing
decisions made on electoral matters by the High Court, Lesotho's
equivalent of the Supreme Court, to be appealed to the Court of
Appeal, an ad hoc body of mostly South African judges assembled
when needed.

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Why was it controversial?
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3. The Senate viewed this proposed amendment as a political
strategy by the governing Lesotho Congress for Democracy (LCD)
party to protect its interests in a current case before the High
Court dealing with the distribution of parliamentary seats
following the February 2007 national election. The case, if won
by the opposition MFP party, could force a reallocation of
National Assembly seats, conceivably lowering the LCD's
parliamentary block to just over the 60 seats required for a
majority. Anticipating a High Court decision favorable to the
opposition, the GOL's constitutional amendment would create an
appeal process for electoral cases which currently proceed no
further than the High Court. GOL sources claim that the
amendment would benefit all political parties. According to
several Senators who spoke with Emboffs, however, the upper
house rejected what they saw as an attempt by the LCD to protect
its own narrow political and election interests by tampering
with the constitution.

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Democratic Debate Lives in Lesotho
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4. COMMENT: The Senate's move to block the "Sixth Amendment"
demonstrates that Lesotho's constitutional system of checks and
balances, often derided as ineffectual by Lesotho's political
opposition, can actually have an impact. While it appears
awkward to claim that a body mainly composed of hereditary
chiefs defended Jeffersonian principals, most observers agree
that the Senate's actions demonstrated that lively democratic
debate persists in Lesotho. While March 19 was not a
particularly happy day for the government LCD, it was a
memorable day for Lesotho's democratic process. END COMMENT.

NOLAN