Opposition loses court battle over Parly dissolution

By: Staff Reporter
2017-04-04
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Maseru - The Constitutional Court has ruled that it has no power to demand the minutes of the meeting in which the King and the Prime Minister Pakalitha Mosisili discussed the dissolution of parliament.

The court further shot down the challenge against King Letsie III's decision to dissolve parliament based on the advice of the Prime Minister alone, and without the advice of the Council of State ruling it was uncalled for.

Presiding Judge Teboho Moiloa said the court was aware that it was dealing with issues discussed in Section 83 (4) of the Constitution and that the Prime Minister acted within three days and did not resign but opted to advising His Majesty to dissolve parliament. The court said the King did not need to seek for the Council of State's advice.

Judge Moiloa also explained that the King acted lawfully as per Section 83 (4) and that reliefs sought against him cannot sustain, further indicating that allegations that His Majesty acted irrationally which the court commented are without substance, connote a moral of dishonourable motive on the part of a person accused of being irrational.

The Constitution does not state that the King was forced to act on the advice of the Council of State and that there is proof before court that the Prime Minister acted within three days in advising the King to dissolve the parliament after a motion of no-confidence against him was passed in parliament which is supported by the Constitution, the court ruled.

The applicants in the case that challenged the dissolution of parliament were Advocate Haae Phoofolo KC and Chief Joang.The two were Members of the ninth Parliament.

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