Water For Justice

senate rejects proposed constitutional amendment

The government has shown its persistency by continuing lobbying the Upper House to pass the proposed 6th Amendment to the Constitution Bill, 2008 which suggests that the Petition cases should be appealable to the highest court in Lesotho.

The same Bill has been passed by the National Assembly two weeks ago with 2/3 majority; whereas the Senators in two different occasions were lobbied by the government to give the Bill the required majority but that lobbying hit the rock as the Senators say the amendment had effects on the pending court case between Marematlou Freedom Party and the IEC.

The proposed amendment, Section 69 (6) is entrenched within the Constitution and in the light of that it requires 2/3 majority vote from both Houses of the Parliament. Nonetheless, the Deputy Prime Minister for the third time attempted to lobby the Senators last Thursday, on 13th 2008 appealing to the House to pass the Bill when it is officially presented before the Senators on 18th March 2008. The Senators have not changed their position regarding the timing of the Bill.

“Honourable Deputy Prime Minister we have already made our point to the Honourable Ministers who came here before you. And we again say to you, let us wait for the outcome of the pending case in the courts of law. We will then be more than happy to pass the Bill accordingly” strongly said the Senate Chief Whip, Morena Khoabane Theko.

The Deputy Prime Minister revealed that the case has “…serious implications” for the development of this country especially if the government was to compensate ( if the judgement is against the government) all of twenty one MPs who went to the Parliament through NIP Proportional Representation candidature list due to their legitimate expectation of being in Parliament for five years.

From the look of things, the Senators are adamant about their position and it’s remain to be seen what will happen when the Bill is officially presented before the Upper House.

Meanwhile, Senator dismissed the Sixth Amendment to the Constitution Bill, 2008 with 17 voted against the second reading while six voted for the motion on Wednesday and eight senators were absent. President of Senate, Chief Letapata Makhaola called for the division after the Principal Chief of Tsikoane, Peka and Kolber, chief Pontšo Seoehla Mathealira called for the division.

She was seconded by the Principal Chief of Kueneng chief Mantoetse Lesaoana Peete. This means that the Sixth Amendment to the Constitution Bill, 2008 was rejected.
Speaking during the heated debate over the motion, the Minister of Trade and Industry, Cooperatives and Marketing had warned that the Bill if enacted will give an opportunity for both a complainant and a plaintiff to appeal at the Court of Appeal if not satisfied with the judgment at the high court over disputed elections.

Mr. Lebesa lambasted the Upper House for acting as an opposition which is believed was not right. On the other hand, the Principal Chief of Likhoele Chief Lerotholi Mathealira Seeiso, said they are not politically affiliated to any political party, but are acting on the best interests of Basotho.

He observed that the Bill was a manipulation by government to have an opportunity to appeal if they lose a case, which is pending in the High Court against Marematlou Freedom Party (MFP). The case in question challenges the number of proportional seats in the National Assembly which have been allocated to 21 members.