Activities
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October 2009

1. Land Bill, 2009 Public hearing hosted by Prime Minister's Ministries and Departments Cluster

Date : 9 th October 2009

Objectives : To enhance public participation in legislative processes and improve linkages with parliament and portfolio committees.

Nature of Activity: Public hearing -Outreach

Place: Manthabiseng Convention Centre

Attendees: MPs, District Administrators, District Council Secretaries, Councils, Principal Chiefs, selected NGOs, Civil Society Organisations, Business Organisations from Maseru , Berea , Thaba Tseka and Mafeteng.

Issues and Observations

The Land Bill, 2009 proposes the consolidation of the Land Act 1979 amendments and related laws. It also introduces in land administration and land tenure security with the view to promote efficiency in land services and enhance use of land as an economic asset in Lesotho . In a nutshell the bill repeals the 1979 Land Act.

To start with the Cluster is highly commended on efforts they are taking in enhancing public participation in Lesotho Parliament. It is evident that not only public engagement is vital to this committee but also exchange and dissemination of information in strengthening civil society and parliament, so as it they are to LDP. However there were certain concerns noted with regard to public participation and the bill itself:

• Because the bill has an element of controversy it should be robustly debated in many communities the grassroots not just urban areas as has been the case.
• the Minister of Local Government shall make regulations for waiver of ground rent, purposes of land use and exemption of certain companies which from disqualification, which are not availed to the public currently and the public would have been preferred if they are debated concurrently with the main proposed law.
• The bill needs to be translated into Sesotho for better exposure and understanding
• Some sections are not clearly defined thus need for more time to debate the bill for proper scrutiny.
• The Minister is afforded too much power which could result in the abuse thereof.
• Imposition of foreign laws to Basotho has always is a major concern because Basotho are not considered in most cases.
• The bill allows foreigners to own land in Lesotho which most Basotho dislike.

It is noteworthy that even though most CSOs and NGOs are very much anti most sections of the Bill, small segment of the forum supported the bill and endorsed it. Engagement of the people in the Land Bill, 2009 is quite minimal and elitist as most if not all people in the grassroots were excluded in the process by the committee and people had to rely on NGOs efforts. The districts which are combined together are diverse and very distant from another to incorporate people contribution in all districts it was therefore advised that the bill should be taken to communities in individual districts for proper participation.

Interventions

Before Land Bill, 2009 was tabled before parliament and the Prime Minister's Ministries and Departments Cluster, TRC and LCN formed a task team to work on the proposed law. Various public hearings were held in different constituencies, meetings with main stakeholders such as Ministry of Local Government, Millennium Challenge Account- Lesotho and Members of Parliament and Opposition parties to party with LCN on the issues of Land in Lesotho . Further, more public hearings will continue in some constituencies to educate people about the bill.

2. Observer Mission on the Botswana General Elections held on the 16 th of October 2009

Date: 14 th -18 th October 2009

Place: Botswana - Gaborone , Lethlakeng and Molepolole constituencies

Objective : To observe elections in Botswana so as to entrench and consolidate democracy in the country and the region and ensure that people participate in the selection of their leadership.

Attendees: Representatives of Council of NGOs from Lesotho , Zimbabwe , Mozambique and other Botswana local NGOs.

Issues and observations

Introduction

The SADC Council of Non Governmental Organizations (SADC-CNGO) in partnership with the Botswana Council of Non Governmental Organizations (BOCONGO) observed the Botswana General Elections held on the 16 th of October 2009 in which several political parties as well as independent candidates participated.

The organization deployed observers to numerous constituencies of Botswana . The Observer Mission held several briefing meetings with representatives of NGOs, churches, media, other observer missions and also participated in the pre-election stakeholders' briefing meeting co-convened with the Electoral Commissions Forum of SADC in Gaborone on the 14 th of October 2009. The mission observed the last two days of the pre-election period, the voting process and counting of the votes.

Pre - election environment

The pre-election environment was peaceful and characterised by political tolerance in which political parties campaigned freely.

Funding of political parties

From the meetings held with various stakeholders the mission noted the ongoing debate on the need for political party funding to create equal opportunities for effective participation in elections by all political parties.

Voter education

In the mission analysis of the voting process the following concerns were noted:-

•  Delays in voting due to lengthy explanations on how to vote as well as the voting procedures.

•  Rejections for instance due to double registration.

•  Inconsistent assistance of people with disabilities and other vulnerable groups.

•  Lack of clarity as to what additional documentation was required by voters whose identify had been altered mainly due to marriage.

Management of the Election

The Mission found the Independent Electoral Commission (IEC) officials at both coordination and polling centres generally helpful, friendly and cooperative with all stakeholders including election observers. The police also performed their roles satisfactorily and were available throughout the process thereby contributing to the smooth and peaceful election environment. However the following concerns were noted:-

•  It was unclear on whether Returning officers had any discretionary powers to address some of the emerging challenges during the election process for example creating additional queues and polling booths to speed up the process.

•  Both the voting and counting processes were very slow in nearly all polling stations mainly due to the voting and verification procedures.

•  The arrangement that time would be created for election and security officials to vote on the polling day created challenges for some who were registered in polling stations other than they were deployed in.

•  The current counting procedure at central locations is long and cumbersome if compared with counting at the polling stations.

Voter registration and Nomination process

The Observer Mission was pleased to note that the registration process was smooth and continuous. We applaud Botswana for making available – in electronic and print form - the Voters' Roll to political parties and even to polling agents during the voting process. In addition, except for rejections mainly due to double registration and change of particulars, in all the cases the mission visited there were hardly cases were voters were turned away due to the state of the voters' roll.

However, the following concerns were noted:

•  Time for voter registration and nomination of candidates did not give enough time for the IEC to prepare all requisite voting materials and allow election officials to vote before the Election Day.

•  There were challenges related to the voters roll such as difficulty of finding names and the mismatch between the places people came to vote and where they had registered.

Gender

The Observer Mission noted the limited number of female candidates for both Parliamentary and Local Government elections in most constituencies.

Media

The Observer Mission noted the efforts by state media to cover all political parties during the campaign period. However, concerns were raised by other stakeholders that the state media should ensure equal coverage of all political parties before and during the election time.

Polling agents

The Mission noted that some political parties did not deploy agents to some polling stations. In addition, a significant number of the agents did not demonstrate knowledge of their roles and the reason why they were there. In some instances some agents came late.

Conclusion

SADC-CNGO commend Batswana for the peace and tranquility that characterised the election; the Independent Electoral Commission for the smooth management of the election; political parties and the independent candidates and all such other role players who made the just ended general election a success. It is the view of the Observer mission that the election environment was conducive for a free and fair election and that the election results generally represent the will of Batswana and largely complied with the SADC Guidelines and Principles Governing Democratic Elections.

3. Education Bill- Impact made by LDP submission to Social Cluster

Date: Bill debated from 16 th -30 th September 2009

Place: National Assembly – Parliament of Lesotho .

Objective : To follow and observe how LDP submission impacted on the scrutiny and amendment of Education Bill, 2009

Issues and observations

Following the LDP submissions to Social Cluster and robust lobbying and advocacy of MPs, the bill was debated in the Lower House and the following amendments were incorporated in the main proposed law:

• The forum suggested that the Minister should not be involved in the managerial and administrative issues such misbehaviour (suspension and expulsion) in schools thus the word “Minister” was deleted and substituted by “school Board”-Section 4 (3) (a) and (b)
• Discipline should also be considered in schools if corporal is abolished hence the phrase “including corporal punishment” was deleted in Section 4 (4)
• As stakeholders recommended that it is ‘appointing authority' to institute disciplinary hearing or suspension of a principal and not the ‘Minister'. Section 22 was then amended, the word “Minister” was replaced by “Teaching Service Commission and the Board”
• With regard to Educational Secretaries, Section 26 (1) the word “nominated” was replaced by the word “appointed” and “appointed” was replaced by “approved”, in addition to Section 26 (2) it was amended that the Minister “…giving his/her reasons in writing”

It is observed that few amendments were moved and passed while many were left out, as such the Senate will be approached and lobbied to advocate for the amendments and propose them before the Upper House. Several Senators have already been approached on the matter and would soon be followed up. However, LDP should also improve linkages with parliament and committees to be involved from when the bill is tabled before parliament.

Conclusion

One cannot ignore the fact that LDP needs to emphatically so, increase it's lobbying and advocacy and improve linkages with parliament especially parliamentary committees. A forum is needed where MPs and other leaders will inform civil society of parliament activities, its forthcoming programme, green and white papers and any bills that may be coming before parliament; which would in turn input into parliamentary reform and public engagement. Provision of information through public gatherings, forums and focused groups discussions is a must to bring the marginal of society into the mainstream of democracy in Lesotho . Usage of the media is also a need in many respects, not only to improve parliament and civil society relations but also to enlighten public on bills discussed in parliament and legislation that has been passed.

3. The October 2009 report by the Good Governance Officer highlights the meeting with Opposition Parties in Parliament, Public hearings conducted over the controversial Land Bill 2009, and the publicity of LDP work was done through two radio programs held.

4. Strategic objective: To be “… a forum and network for the gathering, exchange, and dissemination of information relevant to the strengthening of civil society/parliamentary relations in Lesotho ”.

5. Activities

5.1 Meeting with Opposition Political Parties on 01/10/09 and 27/10/09

The GGO organised the meeting between TRC, LCN and the Opposition parties in parliament in order to ascertain their views and strategies over the controversial Land Bill 2009. This Bill is one of the important Bills that require robust public debate. It is anticipated, however, that the ruling party would wish the Bill to be passed into law undermining the aspects of public participation to the Bill. It is therefore in this spirit that LDP had to lobby the Opposition parties to identify crucial clauses of the Bill, analyse them and come up with a common strategy in terms of public mobilisation.

Both the meetings were important not only because they espoused the LDP parliamentary work more seriously but advanced the common cause confronting the nation. The Bill is currently before the Committee for public consultation but the efforts to make communities aware of the Bill are inadequate. First and for most, the Bill is the sensitive one and as such it requires robust public participation and public scrutiny. Therefore our meetings with the parties predominantly focussed on what should be done so as to raise awareness of the public about the Bill and the following were agreed upon:

• The Bill (crucial clauses) should be translated into Sesotho. This has been done.
• Conditions and Regulations of the Bill should be produced and read in line with the Bill. The Bill suggests that the Minister will determine conditions and regulations to the Bill and the Minister has been given too much power which is likely to be misused for political interests. Transparency and accountability are the pillars of good governance and as such they need not to be compromised.
• Mobilisation of the communities on the Bill is desirable. The communities across the spectrum need to fully understand the Bill and their views should be respected.
• Opposition Parities should come up with the Minority Report. The notion of party line in parliament is affecting parliamentary debates and in many occasions the ruling party out vote the opposition without necessarily taking into consideration the minority views. Therefore, it has been recommended that on this particular Bill there has to be a minority report.
• Opposition parties should walk out if the Bill is voted for: This political tactic has been proposed by the people who attended our public hearings. It is intended to expose the MPs who espouse the Bill.
• The Senate should be lobbied against the Bill. Here the main target would be the Principal Chiefs because they are going to be directly affected by the Bill more especially on the customary practices.

5.2 Public Hearings on Land Bill 2009:

The GGO has so far in this month staged three big public gatherings in Maputsoe (22/10/09), Teyateyaneng (23/10/09) and Seroeng (06/10/09). The purpose was to raise awareness of the communities about the contents of the Bill. We continue to get more invitations from the communities where we are invited to enlighten them about the Bill. From almost all the hearings and gatherings conducted the people regardless of their political affiliations, have strongly spoken against the Bill and therefore called for its rejection in totality. The communities argue that the economic problems that the Bill is charged to redress could be redressed through other national policies and not the one proposed by the Bill. The Bill introduces new practices which were not there in the Land Act 1979, the Act which the people are so used to it. And as a result, some of the customary practices enjoyed by Basotho over time now are going to be repealed by this Bill if it is enact into a law. In essence the customary land tenure system if comes in collision cause with this Bill, the Bill shall prevail - so the communities are very much against this.

Prime Minister's Ministries' and Departments Cluster had organised public hearing on the Land Bill 2009 at Manthabiseng Convention Centre on 09/10/09 where different stakeholders but mainly government officials participated.

So far, the Committee had conducted three public hearings – one in the Northern part of the country bringing together the three Districts of Mokhotlong Botha-Bothe and Leribe in one venue. Secondly, the Districts of Qacha's Nek, Quthing and Mohale's Hoek met in Mohale's Hoek and lastly the Districts of Maseru, Thaba-Tseka, Berea and Mafeteng were grouped together to discuss the Bill.

As TRC/LDP we are against this methodological approach adopted by the Committee of grouping the districts together because at the end of it all there will be no genuine public participation. We are advocating for more time for public participation as the time allocated to the Committee for public participation on the Bill is too limited and hence limits public participation.

5.3 Publicity of LDP work

The GGO had been to the CR FM radio programme on two occasions where the main thrust of the discussions was advocacy on the accessibility of Parliament for public and the leader of Marematlou Freedom Party, MP Malebo was taking part; on the second radio programme the focus was on the Land Bill 2009 and the LCN joined TRC on this programme. The general public continues to embrace the work of the LDP unlike in the past where they were sceptical about it.

On the issue of whether the parliament was accessible, MP Malebo elaborated that there was more lip service on this particular matter. He said there has to be a change in terms of how the Speaker conducts the debate in parliament. He further pointed the fact that the Speaker was an MP from the LCD won constituency and by virtue of that she owes allegiance to the party and there was no way the Speaker can be impartial.

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