‘No statute on public’s right to information’
. . . gap raises concerns Lesotho’s democracy
MOSA MAOENG
MASERU – Despite being a democracy, Lesotho has no law that guarantees the public’s right to access information. In a world where transparency is the cornerstone of democratic governance, this absence stands out. A bill on access to information was first drafted in 2000, but it has remained in limbo, never reaching the parliamentary floor for debate or approval.
Over two decades later, the promise of transparency remains unfulfilled. The issue of access to information resurfaced as part of Lesotho’s national reforms. In 2021, the now-defunct National Reforms Authority (NRA) took up the challenge, drafting a new Access to Information Bill.
But, like its predecessor, this bill also faces an uncertain fate in Parliament as there is still no clear timeline as to when lawmakers could consider or pass it. The citizens of Lesotho continue to wait for their government to prioritise their right to know.
Instead of focusing on this critical issue, the government has shifted its attention to another piece of legislation: the Computer Crime and Cybersecurity Bill of 2021.
While cybersecurity is undoubtedly important in today’s digital age, this bill has set alarm bells ringing for those concerned with transparency and freedom of information.
The provisions of the bill are seen as overly restrictive, limiting the very access to information that a free society should encourage.
In a striking contrast to the government’s priorities, civil society organisations like the Media Institute of Southern Africa in Lesotho (MISA Lesotho) continue to advocate for the public’s right to access information. MISA Lesotho issued a statement on September 27, 2024, to commemorate the International Day for Universal Access to Information (IDUAI). This day, celebrated annually on September 28, was proclaimed by the United Nations General Assembly in 2019, marking the importance of universal access to information.
This year, the global conference for IDUAI was hosted by the government of Ghana, in collaboration with UNESCO. The theme for the 2024 conference, “Mainstreaming Access to Information and Participation in the Public Sector,” underscored the necessity for governments worldwide to embrace transparency and ensure public participation in governance. For Lesotho, the theme could not be more relevant. Citizens are still waiting for the tools they need to hold their leaders accountable.
The Computer Crime and Cybersecurity Bill, first introduced in Parliament on March 23, 2021, by then-Minister of Communications, Science, and Technology, Honourable Keketso Sello, has been a flashpoint for controversy.
It contains several provisions that critics, including MISA Lesotho, argue will limit access to information rather than protect it. Of particular concern is how the bill addresses “illegal access,” which could be used to criminalise legitimate efforts to obtain information of public interest.
MISA Lesotho has not been silent in the face of these challenges. Since the bill’s introduction, the organisation has submitted recommendations to both the government and various parliamentary committees. Their advocacy has focused on amending the provisions that could be used to stifle transparency.
Among the officials to whom MISA Lesotho presented their concerns were Ministers Sello and Tšoinyana Samuel Rapapa, as well as the current Minister of Information, Communications, Science, Technology, and Innovation, Honourable Nthati Moorosi.
Despite these efforts, little progress has been made. MISA Lesotho’s submissions were also presented to the National Assembly’s Portfolio Committee on the Prime Minister’s Ministries and Departments, Governance, Foreign Relations, and Information in both the Tenth and Eleventh Parliaments. These committees have recognised some of the issues raised, particularly in relation to the role of the security sector in the bill’s formulation.
The Committee, chaired by Honourable Lehloka Hlalele, pointed out that Lesotho’s security cluster agencies — the Defence Force, Mounted Police Service, National Security Service, and Correctional Services — were not sufficiently consulted in the drafting of the bill.
The absence of input from the media and telecommunications sectors was also criticised.
These industries are essential stakeholders in any discussions about cybersecurity, yet they were largely excluded from the bill’s drafting process. The Committee even suggested that the bill, which addresses both computer crimes and cybersecurity, was trying to tackle too much at once. Separating these two issues into distinct legal frameworks, they argued, would lead to clearer and more enforceable laws.
In September 2021, Parliament dismissed the Computer Crime and Cybersecurity Bill after considering these critiques. However, the debate is far from over. The bill was reintroduced in 2024 by Minister Moorosi, and MISA Lesotho continues to voice its dissatisfaction. In an interview, MISA Lesotho’s National Director, Lekhetho Ntsukunyane, expressed frustration with the government’s lack of response to their concerns.
According to Ntsukunyane, despite multiple meetings with Minister Moorosi, none of MISA’s recommendations have been adopted. “The Minister called meetings with us many times —about three times to be exact — but she does not seem to have taken into consideration any of the recommendations we made,” he said.
MISA Lesotho’s recommendations on the Computer Crime and Cybersecurity Bill focus on several key areas. First, they emphasize the need for clear and precise definitions within the bill to avoid any ambiguity that could lead to misinterpretation. They also argue that the bill should be written in simple, accessible language, ensuring that ordinary citizens, not just ICT experts, can understand its provisions.
Finally, they stress the importance of tailoring the bill to Lesotho’s specific context, noting that some international cybersecurity concerns, like xenophobia or racial discrimination, are less relevant in the country due to its social homogeneity. Despite these valid critiques, the government seems determined to push forward with the bill in its current form.
MISA Lesotho, alongside other civil society organisations like the Transformation Resource Centre (TRC), continues to call for a revision of the bill before it becomes law. They hope that Parliament will listen to these concerns and prioritise the long-overdue Access to Information Bill of 2021, giving the citizens of Lesotho the transparency they deserve. As the global community celebrates the International Day for Universal Access to Information, the people of Lesotho are left wondering when their government will take meaningful action to protect their right to know.
In a world where access to information is increasingly recognised as a fundamental human right, Lesotho cannot afford to remain on the side-lines. The passage of an Access to Information law is not just a legislative matter — it is a moral imperative. The time for action is now.