Lesotho set to host Bi-national Commission Summit

MOSA MAOENG

MASERU – The Ministry of Foreign Affairs and International Relations is gearing up to host the Bi-National Commission (BNC) Summit from October 14-17 this year in Maseru.

This eagerly anticipated summit aims to address the pressing issues surrounding the movement of Basotho between Lesotho and South Africa.

In a recent interview, Foreign Affairs Principal Information Officer Kutloano Pheko emphasised the importance of the summit, noting that the event is pivotal for both nations.

He explained that in preparation for the summit, the governments of Lesotho and South Africa have temporarily halted bilateral talks to focus on ensuring a successful event.

“Preparations for this summit, which will be held in Maseru, the capital of Lesotho, are underway and at an advanced stage,” Pheko said. “At the moment, senior government officials from both sides are in constant engagement with each other. The Ministry of Foreign Affairs and International Relations is leading this effort.”

The summit comes at a time when many Basotho living and working in South Africa face uncertainty due to complications with the Lesotho Exemption Permit (LEP) system. Ministry of Home Affairs Public Relations Officer ’Marelebohile Mothibeli shed light on the situation, explaining that while the South African Ministry of Home Affairs has granted renewals for LEP holders, no new applicants are being accepted at this time.

“Renewals began in February this year and will continue until the end of November,” Mothibeli said. She added that a critical issue remains: those Basotho who were not among the 90,000 initial applicants may find themselves excluded from the system altogether.

“The South African Ministry of Home Affairs has approved 54,653 renewals from the 90,134 applications submitted, leaving 35,481 Basotho in limbo,” Mothibeli highlighted. “These are some of the critical issues that the Minister of Home Affairs will need to address with his South African counterpart during the upcoming summit. For those who were unable to renew in 2020, the South African system has unfortunately locked them out, meaning they no longer have access to legal avenues to regularise their status.”

Mothibeli also underscored the challenges faced by undocumented Basotho in South Africa, emphasising that the Lesotho government cannot extend protection to individuals who never had legal documentation in the first place. “South Africa is a country governed by the rule of law, and migrants are expected to adhere to those laws. It’s difficult for the government to protect people who have entered the country illegally,” she said.

Meanwhile, Lesotho’s Minister of Home Affairs, Lebona Lephema, addressed the National Assembly earlier this week, acknowledging the ongoing deportations of Basotho from South Africa due to the lack of exemption permits. Lephema emphasised that his ministry is fully aware of the situation and has been working to negotiate more favourable terms for Basotho in South Africa.

The Lesotho Exemption Permit (LEP), which replaced the Lesotho Special Permit (LSP) that expired in December 2019, was designed to provide a pathway for existing LSP holders to remain in South Africa legally. However, the renewal process has been fraught with challenges, leaving thousands of Basotho at risk of deportation.

Lephema’s ministry has been in continuous dialogue with the South African Home Affairs Ministry, seeking solutions to ease cross-border movement and cooperation. “Some of the steps we have taken include negotiating the extension of the Lesotho Exemption Permit (LEP), which has been successful for 54,653 Basotho who were eligible for renewal,” Lephema said. “A directive has also been issued to ensure that Basotho who have applied for renewal and are awaiting feedback should not be arrested or deported. The extension is valid until November 2025.”

The minister also noted that a Memorandum of Understanding (MoU) on technical cooperation between the two countries is currently being finalized. This MoU will provide a framework for further collaboration on migration issues. “On July 24 this year, I sent a letter to the South African Minister of Home Affairs, requesting a courtesy meeting to discuss these matters,” Lephema added.

The Bi-National Commission (BNC), which was signed in July 2023 and officially launched in September of the same year, represents a significant step forward in addressing these migration challenges. One of the key decisions emerging from the BNC was for the ministers responsible for home affairs to devise a long-term migration model that would alleviate cross-border movement difficulties.

South Africa’s former Minister of Home Affairs, Aaron Motsoaledi, had previously announced in December 2023 that exemptions would be granted to approximately 54,653 Lesotho nationals for a period of two years. These exemptions would allow eligible Basotho to apply for new exemption permits under specific terms and conditions.

Under the terms of the exemption, permit holders are entitled to work, seek employment, and conduct business in South Africa during the validity of their permits, which will expire on November 29, 2025. However, the exemptions come with restrictions: permit holders are not eligible to apply for permanent residence in South Africa, regardless of the duration of their stay.

As the October BNC summit approaches, all eyes are on Maseru and the discussions that will take place. For thousands of Basotho living in South Africa, the outcomes of these talks could determine whether they continue to live and work legally across the border or face the uncertainty of deportation and displacement.

The road ahead remains challenging, but with high-level engagement and ongoing negotiations, there is hope that a more comprehensive and lasting solution can be reached for the benefit of both nations.