Training spotlights strengthening of draft laws

MOSA MAOENG

MASERU – This week, the Ministry of Law and Justice, with the support of the European Union (EU), launched a significant training initiative for the Office of the Parliamentary Counsel. The training, which focuses on legislative drafting, is part of broader efforts under the EU-sponsored Reform and Strengthening of Governance in Lesotho Programme seeking to enhance the rule of law, the cornerstone of any thriving democracy.

Legislative drafting, often referred to as the process of crafting legal rules, plays a critical role in ensuring the proper functioning of government. Studies show that well-drafted legislation is key to smooth governance, helping to bridge the gap between law and the realities of governance. This is particularly relevant as Lesotho continues its constitutional reforms, which require a host of new laws to be implemented effectively.

During the training, Thato Masiloane, the Deputy Principal Secretary of the Ministry of Law and Justice, highlighted the vital role that the rule of law plays in the stability and development of nations. “The rule of law is the foundation of any stable society,” she said, adding, “It is what differentiates humans from other species. Without it, economic and social development would falter.”

Masiloane said the programme’s focus on legislative drafting was one of the key initiatives aimed at strengthening the legal framework in Lesotho.“One of the programme’s primary goals is to build the capacity of the Office of the Parliamentary Counsel. Legislative drafters are instrumental in shaping the country’s legal landscape. The quality of legislative drafting directly impacts how well laws serve the people and integrate with democratic principles,” she explained.

As Lesotho undergoes its constitutional reforms, the need for skilled drafters has never been greater. “Once the Constitution Amendments are enacted, there will be an immediate need for laws to implement the new constitutional provisions,” Masiloane also said. The programme is part of a larger initiative funded by the 11th European Development Fund (EDF), said Deputy Attorney General, Advocate Makhele Sekati.

“The government of Lesotho is fully committed to deepening democracy, strengthening the rule of law, and improving governance. This training is just one activity aimed at achieving these goals,” he said. Sekati further explained that the specific objective of the training is to enhance the efficiency and quality of justice service delivery in Lesotho, which includes building the capacity of the Office of the Parliamentary Counsel.

The Counsel’s primary function is to draft bills for Parliament, a role that is particularly important as Lesotho moves forward with its National Reforms Agenda.  “The timing of this training is crucial,” Sekati noted, adding: “As the Omnibus Bill, along with the tenth and eleventh amendments to the Constitution, has been tabled before the National Assembly.”

One of the key supporters of this initiative is the EU, which has long been an advocate for promoting justice, human rights, and democratic governance in Lesotho.

Speaking at the event, the EU Political Officer, Erika Pasquini, reiterated the EU’s commitment to these principles. “In September 2023, we launched a new joint initiative to support reforms and strengthen governance in Lesotho. The aim is to strengthen oversight, accountability, and improve access to justice for all, especially those in vulnerable situations,” she said.

Pasquini highlighted some of the key priorities of the EU’s support, which include promoting rights-based and gender-responsive justice, as well as improving access to legal assistance. “One of our goals is to make justice more accessible, particularly for those in the most vulnerable situations. This includes bilingual aid, digital innovation, and ensuring quality justice for all,” she said.

The EU’s support for legislative drafting is part of a larger strategy to modernise and strengthen Lesotho’s legal system. Pasquini noted that several important pieces of legislation are pending, including the energy Bill and the review of water Acts. “These reforms are not only vital for the implementation of the constitutional amendments but also for the country’s economic development,” she added.