Mixed reactions greet SADC’s decision to drop Lesotho from Troika agenda
‘MATHATO SEBOKA
MASERU – The Southern African Development Community (SADC) has removed Lesotho from the agenda of its Organ on Politics, Defence and Security, citing “positive progress” in the kingdom’s political and security situation – a decision met with sharp criticism from opposition figures and civil society at home.In a communiqué issued after its 45th Ordinary Summit of Heads of State and Government, SADC commended Lesotho for the passage and enactment of the 10th Amendment to the Constitution, calling it a “significant milestone” in the nation’s long-running reform process.This amendment, which introduces new sections on affirmative action (20A) and public interest (22A) to the chapter on Fundamental Human Rights, is the primary reason for SADC’s decision to end over a decade of direct oversight.However, the move has exposed deep domestic divisions. While the government celebrates a foreign policy victory, opponents argue the constitutional changes were illegitimately enacted.Member of Parliament (MP)and Basotho National Party leader, Machesetsa Mofomobe, stressed that the opposition is not against reforms but against the process. “A referendum was supposed to be made before this amendment was made,” Mofomobe stated, arguing that altering the bill of rights required direct public approval.His sentiments are echoed by SECTION 2, a civil society group formally known as Advocates for the Supremacy of the Constitution.
The group is preparing a legal challenge to have the 10th Amendment declared unconstitutional, null, and void. SECTION 2’s Kananelo Boloetse cited a precedent, the case of Puseletso Lejone MP, who successfully challenged the Ninth Amendment.
“There is a possibility that this amendment can be reversed,” Boloetse said, referencing the court’s previous willingness to invalidate amendments that fail to follow due process.
In its statement, SECTION 2 declared it would petition the High Court for failing to comply with mandatory constitutional provisions.
“When this case is won… SECTION 2 will demand that parliament take decisive action against those who unlawfully submitted the Bill for Royal Assent,” the group stated.
In contrast, Advocate Lekhetho Rakuoane, an MP, expressed hope that the SADC decision would encourage better conduct. “We hope our security people and government will behave well not to call SADC again. As long as we stay in our constitutional mandate and observe the rule of law, it is fine,” he said.
The Office of Prime Minister Ntsokoane Matekane released a statement hailing the SADC Summit’s decision as a “landmark achievement” that “brought hope and new energy” to finalize the remaining reforms. The Prime Minister applauded the government, people of Lesotho, and Members of Parliament for their commitment to consolidating peace and security.
Lesotho was placed on the SADC agenda in 2014 following a period of severe political and security instability that saw then-Prime Minister Motsoahae Thabane flee the country.
The kingdom has since struggled with volatility, witnessing four changes of government between 2012 and 2020 and the murder of two army chiefs. The facilitation process was overseen by South African President Cyril Ramaphosa.
The nation now watches as the political triumph of its SADC exit collides with a looming legal battle that questions the very foundation of its celebrated reforms.
