Majoro claims right to determine state of emergency
RELEBOHILE TSOAMOTSE
MASERU – Lesotho’s constitution contains little or no definition for a state of emergency, leaving the exercising authority to determine what situation amounts to an emergency, argues Prime Minister Moeketsi Majoro.
Majoro says this responding to claims by Law Society of Lesotho vice president, Lintle Tuke, that provisions of the law were flouted when the prime minister recently declared a state of emergency and the subsequent recall of the country’s 10th parliament by King Letsie III.
Tuke teamed up with journalist and activist, Kananelo Boloetsoe, in challenging the state of emergency and recall of parliament arguing that the manner in which it was done is a “blatant violation of the rule of law and legality.”
In an affidavit accompanying his application, Boloetse argued that there was no disaster threatening citizens from enjoying their lives or threatening the general continuance of life in Lesotho when the state of emergency was declared. He says the state of emergency declaration is being deployed so as to remedy failure by parliament to get its job done.
If anything, he contends that the state of emergency must be present, actual and imminent – but Prime Minister Majoro disagrees.
The premier says several reasons can lead to the activation of emergency powers in modern African institutions which could be natural or man-made. The man-made reasons, he states, can be categorized into internal disturbances (civil unrest) or external aggression adding that most of the state of emergencies in the last two decades have been internal crises jeopardizing the security and welfare of the country.
Majoro says his exercise of the “emergency powers by myself in the context of this case was meant for the preservation of democracy and to safeguard the existence of the national stability and prosperity.”
He adds that it is misleading for Tuke to claim that failure of the passing of the two bills parliament reconvened to pass was a product of political failure and thereby falls outside the description of the state of emergency.
According to the prime minister, the Legal Notice No 79 of 2022 is very much legal and the reasons advanced thereof warrants the recall of parliament. The notice is about the declaration of the state of emergency and lists failure to pass the Eleventh Amendment to the Constitution Bill, 2022 as well as the National Assembly Electoral Amendment Bill, 2022.
In the notice Majoro states that failure to pass the two bills means continuation of unchecked politicization of the public service and the security agencies, loopholes in the constitution, formation of coalition governments, unregulated floor crossing in parliament and inadequate regulation of political parties which all have been identified as factors undermining political instability, justice and peace in the country.
In any case, he says, the complainants have not alleged a breach of their rights and that they are not challenging the inconsistence of the law but rather the exercise of power by the Executive. Majoro asked the court to dismiss the application while Boloetse and Tuke want the legal notice recalling parliament to be nullified.
They have also asked the court to nullify proceedings that will have happened as a result of the recall if the court agrees with them.
Chief Justice Sakoane Sakoane sat with judges Tšeliso Monapathi and ‘Mafelile Ralebese to hear the matter and have reserved judgement for Tuesday.
