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Multiple citizenship in Lesotho

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Some of the causes of political instability in Lesotho are related to the fact that secure livelihood is very difficult for majority of Basotho because Lesotho is a small country with limited natural resources. Against this background, allowing Basotho to gain access to citizenship of South Africa and other countries has been touted as one of the ways in which socio-economic well-being can be secured for majority of Basotho, and, thereby, political stability established in the country.

At present, Section 41 of Lesotho’s Constitution bars citizens of Lesotho from simultaneously holding citizenship of Lesotho and that of another country. This paper discusses legal and political issues pertaining to multiple-citizenship in Lesotho.
Primarily, the paper looks at the legal position regarding multiple-citizenship in Lesotho; the stance of Lesotho’s political elites on the subject; and examines the potential of multiple-citizenship to reduce political instability in Lesotho.

Background

Lesotho is a small overcrowded country with a small economy that cannot support the well-being of society as a whole. Majority of the population are concentrated on the country’s ecological zone known as the ‘lowlands’, a small, arable but agriculturally-marginal and intensively cultivated strip of land that constitutes 17 percent of the country’s land mass.

Seventy-four per cent of the country’s topography comprises of the ‘foothills’ and ‘highlands’ where even more reduced capacity to grow food combines with other conditions, such as harsh climate and other inhospitable conditions, to make human habitation very difficult. Countrywide, in areas that are habitable, population density is estimated at 59 inhabitants per square kilometre.
Both under colonial rule (1868-1966) and after independence, economic survival has greatly depended on, and benefited from proximity with, more endowed South Africa. For society in general, Basotho’s ability to enter South Africa legally and illegally in search of jobs and necessities has provided a lifeline to many households in Lesotho.

For the Lesotho state, an old South Africa-dominated Customs Union, established during colonial rule, has been a major source of income and basis of national budgeting.
On both fronts, however, changes have occurred; two of these are worth mentioning. First, Basotho’s ability to move freely into South Africa in search of jobs has become increasingly restricted, as South Africa tightened its immigration controls, over the years. Second, Lesotho state’s income from the Customs Union, which contributes 44% of public spending,1 has fallen by close to 45%, from 29.2% of GDP, in 2014/2015, to 16.4% of GDP, in 2016/2017.2

This unfolding situation has contributed significantly to economic insecurity in Lesotho. Restrictions on Basotho’s cross-border movement into South Africa has increased their inability to access employment in South Africa, and has, thereby, increased unemployment in Lesotho, and intensified struggles for decent livelihood.

For many Basotho, the option has been to cross illegally, or to cross legally but end up violating South Africa’s immigration laws by overstaying, or working illegally. Cases of South African police’s arrests of Basotho found residing and working illegally in South Africa are quite frequent. They are sources of state-to-state tensions between governments of Lesotho and South Africa.
The view of South African government officials is that, Lesotho government do not do enough to help South Africa enforce its immigration laws. For their part, Lesotho government officials have to make representations, to the South African government, on behalf of Basotho who complain about ill-treatment and harassment, including deportations, by South African immigration officials.

Success and failure in struggles for power in Lesotho — which have increased in intensity, since 1993 — are, in large part, dependent on, first, the political elites’ access to public resources which they use to dispense patronage, and, second, on availability of an electorate rendered amenable to patronage because of its economic circumstances. On the one hand, dwindling income from Customs Union has meant that, the political elites do not have, at their disposal, enough means by which to dispense patronage; on the other hand, increased poverty and unemployment among the electorate has greatly increased the amenability of society to patronage.

This breeds political instability in that, the larger society is easily drawn into the intense struggles for state power between factions of the political elites.  Sections of the larger population participate in these intense fights for state power hoping that victory of the sides they support will guarantee patronage from dwindling state resources.

Crucially, sections of larger society that become drawn into these struggles include elements in groups such as the army, and quasi-militarised groups of youth allied to different political parties and supported by elements in the army. It is in these ways that, intense struggles for state power that take place within a small section of society — that is to say, the political elite — become generalised throughout larger society and assume character of national political instability.

Because the persistent political instability that results from the economic and political contexts described above is ascribed, at least, in part, to Basotho’s being overcrowded on small, marginal territory with bleak current and future economic prospects, the search for ways of achieving political stability in Lesotho has focussed on areas, including: abolition of immigration controls on the border between Lesotho and South Africa, freedom for Basotho to work in South Africa, and repeal of Section 41 of Lesotho’s Constitution to enable Basotho to acquire citizenship of other countries in order to gain access to economic benefits that can accrue from citizenship of such countries.

This chapter discusses legal and political issues pertaining to multiple-citizenship in Lesotho. Primarily, the paper looks at the legal position regarding, and examines the stance of Lesotho’s political elites on, multiple-citizenship.

Evolution of Citizenship Legislation in Lesotho: Citizenship Legislation as a means to persecute Political Opponents

Among pre-colonial Basotho, bases of senses akin to ‘citizenship’ included membership of, or being born in, or having blood relations with members of, a community that formed a chiefdom; subjecthood to a particular chief; and having rights to territory claimed by that community, and ruled by the particular chief.

In law, the former — sense of belonging based on community and kinship — is called jus sanguinis, or ‘right of blood’; while the latter — that is, a sense of belonging based on birth and other rights to particular territory — is called jus soli, or ‘right to the soil’.
Basotho chiefdoms were small, largely autonomous, and loosely connected to each other by kin and other socio-political ties. In this arrangement, individuals and groups were free to choose which chiefdom they attached themselves to, or territory where they wanted to live.

As in notions of citizenship, as understood today, belonging to a community that occupied a particular territory, under a particular chief, carried with it obligations and rights. Individuals and groups could not be members of more than one community, or subjects of more than one chief, or enjoy right-to-territory in more than one territory; as a Sesotho saying goes, ‘no-one can be a subject of two chiefs’.
Those who preferred to live in a different territory could easily leave their current territory to go and make a living in another territory, under a different chief, or perhaps, found a new chiefdom.

Equally, individuals and groups who became unhappy under their current chief could easily leave him, and attach themselves to another chiefdom of their choice. In those cases, such individuals and groups lost, in particular, rights to land and resources of land that belonged to the previous community.

This ability of individuals and groups to leave a bad leader for a good leader put limits on the tendency of chiefs to abuse their powers: good chiefs attracted adherents, and bad chiefs lost adherents — or retained their allegiance by incurring costs on means of force by which to secure disgruntled subjects allegiance.

With colonisation, and in typical practices of empires, Basotho were regarded as subjects of the British Empire, and accorded some citizenship rights of the Empire, or the Commonwealth. These were mainly legal rights, and excluded Basotho from many political and social rights that were availed to European citizens of the Empire in England and in the colonies.

Within the region, modern Botswana, Lesotho, South Africa, and Swaziland were British colonies. For much of the colonial period, the British had a plan by which territories of Botswana, Lesotho and Swaziland were to be incorporated into South Africa.
This plan informed much colonial policy-making for the envisaged future relationship between South Africa and the other territories. It was partly in accord with the incorporation plan that, the British managed a largely relaxed regime of people’s movement and residence rights within the four colonies, which continued for over fifty years after South Africa gained independence under white minority rule, in 1910.

Because of this relaxed regime of people’s movement and residence in the four colonies, where people called home was determined more by where people with whom they had strongest ties lived, than by membership of a nation and a country. Border restrictions between South Africa and Lesotho were introduced in July, 1963. That gave Basotho a sense of being excluded from South Africa, and, arguably, crystallised a sense of being ‘citizens’ of Lesotho, and not South Africa.

Immediately after independence, Lesotho parliament passed Lesotho Citizenship Act of 1967.
The Act was intended to “ . . . make provision, to the extent permitted or required by the Constitution, for the acquisition, deprivation and renunciation of citizenship of Lesotho . . . ” and “to specify, in relation to persons, by what date those persons shall have done what is required by the Constitution in relation to dual citizenship, and to make provision for related and connected matters.”5

The 1967 Act described, and allowed, citizenship by naturalisation and by registration. Beyond this, it seemed to assume jus soli and jus sanguinis citizenship rights; that is, other than those who could acquire citizenship by naturalization and registration, the law recognised, and the state could grant, citizenship rights to anyone born in Lesotho, and anyone with blood relatives in Lesotho could claim citizenship rights in the country. Applications, or claims, of citizenship could be made on the strength of a male, not female, parent’s citizenship of Lesotho.

Passage of the Act can be seen more as part of process of acquisition of trappings of nation-statehood at independence, and less as an instrument to deal with any political, social or economic problem that the new country was facing.
The 1967 Act was succeeded, only four years later, by Lesotho Citizenship Order No. 16 of 1971. The 1971 Order was substantially similar to its predecessor. Coming, as it did, in the aftermath of Chief Leabua Jonathan’s seizure of power by force, and his suspension of the Constitution, after losing elections of January, 1970, the Order seems more to have been intended as a means to circumvent constitutional requirements that the government needed to meet in its actions regarding recognising, granting, or depriving citizenship rights. Importantly, the Order made it possible for the regime to persecute its political opponents under the catch-all phrase ‘national security’.

Lesotho’s Citizenship Legislation and Multiple Citizenship

A primary relationship that states and rulers seek to establish and maintain with their subjects and citizens is one in which states and rulers exercise complete and undivided sovereignty over their citizens and subjects. However, objective political and economic conditions of human existence have always been such that, individuals and groups often find themselves having to break away from oppressive rulers, or to seek making a living in other ‘greener’ territories.

Attempts may be of a complete break, in which individuals and groups permanently renounce territorial rights and rights of membership to a particular nation, or community; or an incomplete break in which individuals and groups maintain, or wish to maintain, rights in previous territory and previous community.

This tension—between states and rulers seeking to establish and maintain complete and undivided sovereignty over subjects and citizens, on the one hand, and individuals and groups seeking to break away, partly or completely, and establish themselves in politically less oppressive, and economically more beneficial circumstances, on the other — has a long history and continues in modern times.
Responses of states and rulers have varied. Some have hung steadfastly to laws that prohibit multiple citizenship; while some have made adjustments that give ‘non-citizens’ varying degrees of rights, from outright citizenship, at one extreme, to limited rights of movements, civic participation, and socio-economic rights, at another. Such is the case, for example, in the European Union, whose member countries practise what is called disaggregated citizenship.

Lesotho’s Citizenship Act of 1967 made reference to ‘dual citizenship’ with an intention to eliminate it. Sections 4, 5 and 7 of the Citizenship Order of 1971 required applicants of Lesotho citizenship to be “willing to take an oath of allegiance”, and to be “willing to renounce any other nationality or citizenship” that they might be enjoying at time of applying for citizenship of Lesotho.
With intention to prohibit dual citizenship, Section 41(1) of Lesotho’s 1993 Constitution clearly states that “[a]ny person who… is a citizen of Lesotho and also a citizen of some country other than Lesotho shall cease to be a citizen of Lesotho… unless he has renounced his citizenship of that other country, taken the oath of allegiance…”9

Lesotho Political Elites’ Attitude Towards Multiple Citizenship

There are not clearly-stated reasons why Lesotho political elites — writers of the Constitution, legislators, cabinet ministers, etc. — are opposed to dual citizenship. It can only be surmised that, the bases for their objections include fears of state’s loss of complete rights to its citizens and, perhaps, issues of national security.

However, as with Citizenship Order of 1971, it can be said with certainty that, citizenship legislation enables whoever is in power to persecute political opponents. Thus, when, in 2007, officials of the government of Lesotho sought to deport Adam Lekhoaba — a broadcaster who had run programmes critical of the ruling party — they accused him of both being an alien and of causing political instability in the country.

This section of the paper discusses some of the publically-stated concerns against changing Section 41 of the country’s Constitution with a view to allow the holding of Lesotho’s citizenship with that of another country, or other countries.
Being words by individuals who write and enact Lesotho’s laws, and rule the country, the statements reported here, and the attitudes of those who made them towards multiple citizenship, can be taken as some explanation of prohibition of multiple citizenship in Lesotho’s Constitution and subordinate laws.

One of the most powerful voices that have publically expressed fears and concerns about changing Section 41 of Lesotho’s Constitution to make dual citizenship possible is that of Dr Pakalitha Mosisili, several times Prime Minster of Lesotho.
Dr Mosisili has expressed concern that, changing Section 41 of Lesotho’s Constitution will make it possible for South Africans to vote in Lesotho’s national elections. As can be seen, below, he persuades his followers to join his opposition to dual citizenship by invoking the ‘spectre’ of Lesotho’s incorporation into South Africa. The rhetoric lacks either any nationalist substance, or logic, of any type.

Speaking during a brief period when he was out of power, in April 2013, he told his followers:

There are 46 million people in South Africa comprising Basotho, Shanganis and Zulus. If we were to allow for dual citizenship, they would swallow us raw because they will also seek Lesotho citizenship . . . This is one way this… government is intending to hand us over to South Africa. I therefore urge you people to be careful, very careful.

Beyond glib references to a “ . . . danger lurking on the horizon . . . ” if Lesotho allows dual citizenship; equating dual citizenship to “ . . . selling out Lesotho to South Africa . . . ”; and sowing fears of Lesotho being “ . . . swallowed by South Africa”, politicians opposed to dual citizenship, such as Dr Mosisili, are not able to state clearly what is wrong with dual citizenship.
Contrary to their views, participation of South Africans who hold Lesotho’s citizenship in Lesotho politics may, indeed, be a good thing for Lesotho democracy in that, Lesotho’s politicians and their parties will have to think about an electorate with a different political consciousness in their attempts to gain power.

Anyhow, for anyone to vote in Lesotho’s elections they have to be citizens. As things stand, it is more likely that people from Lesotho will apply for South African citizenship than South Africans apply for citizenship of Lesotho.
Seemingly, this opposition to dual citizenship is not limited to Lesotho’s political elites but it exists among other sections of Basotho society. Thus, in 2013, a survey conducted for AfroBarometer found that “ . . . a majority of survey respondents — 60% — said people do not have a right to be citizens of Lesotho and a second country.” Significantly, however, the survey found that, of the six southern African countries where similar surveys were conducted, even at 33%, support for dual citizenship in Lesotho was the highest, surpassing that of the next country, South Africa, by ten percentage points. Of the other countries, Zimbabwe scored 22%, Namibia 20%, Botswana 13%, and Malawi 11%.

Even more significant, perhaps, is the fact that, research evidence has been presented showing various levels of support for an even more contentious idea of incorporation. According to this research,

. . .41% of Basotho migrants continue to favour integration. Within Lesotho, 46% of respondents also support incorporation. But residents in the North appear most interested in the prospect of becoming part of South Africa, in contrast with the inhabitants of the Maseru region (56% against it), where the interest of many lies in preserving the status quo.

Some of the opposition to the idea of dual citizenship, such as that attributed to Prime Minister Mosisili above, gives the impression that, if the law is changed, all Basotho will be required to apply for dual citizenship from, in particular, South Africa. First, the changed law would not prescribe countries from which Basotho should apply for dual citizenship.

Secondly, and, perhaps, more importantly, changing Section 41 of Lesotho’s 1993 Constitution will not force all Basotho to apply for South African citizenship, or any other country’s citizenship. Those who will not want to do so will be free to remain with Lesotho’s citizenship alone, and, by doing so, they will not be breaking any law.

 

Majority of Basotho may opt not to apply for dual citizenship, but, like all Basotho, they will enjoy the freedom of choice that will result from removal of constitutional prohibition against dual citizenship.

By: Motlatsi Thabane

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An open letter to President Hichilema

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Your Excellency,

I am certain that you are wondering where and/or how I have the temerity to write to you directly, but a recent post you put on WhatsApp piqued my interest; your meeting with His Excellency the Prime Minister of Lesotho, and his delegation. The delegation came to introduce to you and your good office the candidate of the Government of Lesotho, for the post of Secretary General of the Commonwealth, Joshua Setipa.

Let me set off by stating that I have a friendship with Setipa, for over 50 years, so I may not be the best person to give an objective appraisal or opinion of him; this I will leave to the government.

Further to that, as a citizen of Lesotho, I may embellish the information that I would provide on Lesotho, thus I will as far as possible keep to information that is contained in books. This is not a research report, but more a simplified literature review of what I have read. I shall not quote them, or reference them, thus allowing others the space to research this matter further.

First, let me state my surprise at the alignment of time that I see; Commonwealth Day in 2024 is on the 11th March, the day we celebrate a life well lived, that of Morena Moshoeshoe.

Further to that, this year also starts the 200th anniversary of the move by Morena Moshoeshoe and his followers from Menkhoaneng to Thaba Bosiu. They arrived at Thaba Bosiu in winter, circa 1824.

Next year, 2025 will also be the 100th anniversary of the ‘plenary’ that saw the birth of this Commonwealth of Nations. A handover from the bi-centenary, to the centenary celebrations.

We are all aware that the Commonwealth was started at the Imperial Conference of 1926, but it had what I call a plenary in 1925; this happened in Maseru, Basutoland. It was held at the ‘secretariat’ building on Kingsway. The building was used as the Prime Ministers’ office after independence, more recently, and to date as the Ministry of Defence.

When King George came to visit Lesotho in 1948, to thank the country and her citizens for their participation in the Second World War, High street as it was then known, had its name changed to Kingsway.

At this plenary Britain called the ANZaC states, Australia, New Zeeland and Canada, together with South Africa. It had been only 13 years (1912) since the Basotho monarch had been asked to attend the formation of the South African National Native Conference (SANNC), whose aim was to preserve African land. The SANNC was the forerunner to the African National Congress (ANC).

With the formation of the Union of South Africa, the union wanted to engulf Bechuanaland (Botswana) Swaziland (eSwatini) and Basutoland (Lesotho). This had been unsuccessful.

Next they came up with the Native Land Act of 1913, to remove African land rights. So, the conference that brought about the birth of the SANNC was a pre-emptive response to this act; an attempt to keep African land rights and traditions intact.

I would like to point out that the founding document of the Imperial Conference that brought about the Commonwealth states that all member states are autonomous and not subordinate to another.

At the time of the plenary, Basutoland was subordinate to Britain. But in a masterstoke became what I believe to be one of the founders of the Commonwealth.

Despite her subordination, Basutoland had placed so strong an objection to the presence of a representative South Africa in Basutoland, that South Africa’s invitation had to be withdrawn, and South Africa did not attend. This was the first ‘anti-apartheid’ shot, made in the world; what is more important is that it was made by an African country.

No matter how one looks at it, she may not have been a ‘founding member state’, but Basutoland was part of the founding fabric of the Commonwealth.

One just has to imagine the anger of the South Africans and their government: Dr. D. F. Malan, the first Nationalist Prime Minister of South Africa, was a minister responsible for housing at that time.

Had Basutoland’s lead been followed, spatial apartheid might never have happened. The Commonwealth would take till the 1960’s, and the formal legalisation/legislation of apartheid to remove South Africa from within her fold. A matter that Basutoland saw as far back as the 1920’s.

As shown, at the conceptualisation of the Commonwealth Lesotho was not just there, but an active and formidable participant; though one has to look further to see her relationship with Great Britain/the United Kingdom.

Basutoland/Lesotho’s history is strange, to say the least. The first Europeans to arrive here in 1833, were French Missionaries. At this time Europe was embroiled in wars, which inevitably included the French and English.

But it is these same priests, most notably Casalis, who helped steer the country to Britain, and British protection. Casalis acted almost as a foreign secretary/minister of foreign affairs at that time.

The first treaty between Basutoland and England was the Napier Treaty of 1843, though it took till 1866 to solidify this treaty into a protected land.

The history of the cavalry in Lesotho, the only African cavalry south of the Sahara, is quite long. It starts in about 1825, when F. D. Ellenberger in his book ‘History of the Basutho’, states that Morena Moletsane had come across gun powder quite by mistake.

They had been raiding a missionary’s home and came across a strange powder, which they found useless, so they threw it into a fire, which ‘exploded’. Thus, to his people called European style housing, ‘Ntlo-ea-thunya’, a house that shoots. But after having his people ravaged/savaged by Mzilikazi, he sent his best warriors to work on Boer farms, and with their remuneration purchase arms and horses.

We are often told of a ‘battle of/at Berea’. My answer is that it was not a battle but a cattle raid. Its importance is not just in the battle, but in democracy. The British called Morena Moshoeshoe ‘paramount chief’, a first amongst the others. The time before Berea shows something slightly different.

As Casalis writes in ‘My life in Basutoland’, the British had demanded 10,000 head of cattle, for stock theft. A great ‘pitso’ was called and all eligible men, those who owned land, were called.

At the end of the pitso, after many votes, the citizens refused to give their cattle to pay the demand of the British. The significance herein is that there was a plebiscite, a vote. Morena Moshoeshoe lost the backing of the people and thus the vote; the British then attacked to ‘collect’ the cattle themselves.

Both Morena Moshoeshoe and Morena Moletsane were heavily involved in the ‘battle’ which was won by the strength of the Basutho cavalry. Looking forward to the gun wars, it was most fortuitous that Morena Moshoeshoe’s ally, Morena Moletsane would outlive him, till the end of the gun wars.

After annexation in 1866, in the mid 1870’s the British, citing distance and as such expense, ceded Basutoland to the Cape, which was what the Basotho had been fighting against for a long time; they wanted direct British rule. They wanted to be ruled by Mofumahali Queen Victoria.

The first, and most critical mistake that the Cape made was, not so much in attacking Morena Moorosi, accusing his son of cattle theft, but in beheading him.

So, when some years later they wanted to disarm the Basutho, and they found those of the south of Basutoland who knew of the beheading, reluctant to go with the plan. The Cape decided to go ahead with disarmament forcefully and met equal if not greater force.

The Basutho were better armed, more knowledgeable on the terrain and better supplied. Helped by his father’s long-standing ally, Morena Moletsane, Morena Lerotholi was able to field a well-armed strong cavalry, which inflict great pain to the Cape.

This led to the Cape defeat. Together with the number of other wars that the Cape was fighting, there was fight fatigue among her people.

So bad was it, that they did not come and collect their fallen troops; in Mafeteng there is a cemetery called ‘mabitla-a-makhooa’, or graves of the white men. The SA Military History Society has a ‘roll of honour’ for some of the dead, as not all were buried in Basutoland.

There are two significant outcomes of the war. In his book ‘The Mabille’s of Basutoland’, Edwin W. Smith states that there was a fact-finding mission to Basutoland by members of the Cape parliament, including Rhodes. Their conclusion was that the Basutho should be handed back to Britain for direct rule; which was the original wish of the Basutho.

As Whitehall was reluctant to take this role back, Basutoland spent a period of close to two years of self-rule. Thus it became the first African country (only?) to unshackle itself of colonial rule. And became the first African country to get the colonial rule it wanted; and re-shackled itself to Britain.

The second is how Britain agreed to go back and rule Basutoland. In his book, Rhodes Goes North, J. E. S. Green shows how the Prime Minister of the Cape went to Britain to sue for peace, and eventually agreed to give Britain 20 000 pounds per annum, of her import tax revenues to govern Basutoland.

Whilst not a founding member of the Commonwealth, Basutoland has carried her fair weight in the battle to save both the Commonwealth, and together the rest of the Commonwealth, the world at large.

Whilst SA will hype the losses during the maritime accident of the SS Mendi in the English Channel, Lesotho is less inclined to speak of the losses on the SS Erinpura. The Erinpura was sunk by German war planes in the Mediterranean Sea. Though I should say that, the prayer of the men on the Mendi would resound so well with those who lost their lives on the Erinpura.

When British Prime Minister, Sir Winston Churchill said; never was so much owed by so many to so few, I am certain he was speaking not just of the people of the British Isles, but the broader community within the Commonwealth, that stood together at this time of international need.

But having heard Sir Winston, there is a special bond of Basutoland within, and with the Commonwealth, that I would like to highlight. Apart from the ANZaC countries and South Africa, there were no air squadrons from other Commonwealth countries that I am aware of; except for Basutoland that is.

They paid for 12 or so Spitfire aircraft that would form the 72nd Basutoland, which flew in the Battle of Britain. No moSotho actually flew (in?) them, but they had been financed by the Basotho.

For all the prowess of a moSotho man with arms, in his book ‘Basotho Soldiers in Hitler’s War’, Brian Gary not only writes about the gift of aircraft that fought in the Battle of Britain, he also shows that Basotho soldiers, who were hauling various ordinances through the Italian Alps, were allowed to carry arms.

Aircraft and carrying arms for an African in World War II; Lesotho is not just a pioneer member of the Commonwealth, but a beacon.

As Lesotho many of these pioneering attributes continued. Whist South Africa was banned from sports and entertainment, Lesotho filled the gap for her. Exiles like Hugh Masekela and Mirriam Makeba were hosted for sell out concerts in Lesotho. South African interracial sports, with matches between the likes of Orlando Pirate, Wits University, Kaiser Chiefs, to name those I remember, started in Maseru.

I have touched on politics and war, sport and entertainment; let me go to superstition. It would go against what is expected of me not to go without anything superstitious.

Britain has given the world three major sporting codes. Rugby, which is dominated by the big three of New Zeeland and South Africa. Cricket, which expands from the rugby three to include India, Pakistan, most of the Caribbean states and a few African counties.

These sports are obviously ‘Commonwealth Sports’, as they are dominated, or played predominantly by Commonwealth countries. They have also given us football. This is a truly global sport, the largest sport played across the world, on all types of surfaces, with all types of round looking objects. We can’t call all of these footballs.

The last time a Commonwealth country won the World Cup it was England in 1966; the year Lesotho gained her independence.

The next World Cup is in 2026, the millennium celebrations of the Commonwealth; who will head the Commonwealth then? Will a Commonwealth team have the necessary ‘juju’ to make it?

Your Excellency, this is but a brief note on Lesotho, and it is my way of using the words attributed to Morena Moshoeshoe, when asking for protection from Queen Victoria that say; take me, and all the lice (those that are symbiotic to me) in my blanket. I do hope that these words will be of use to you as seek consensus on Lesotho and her candidate for the post of Secretary General of the Commonwealth.

Yours truly

Khasane Ramolefe

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Culture quibbles

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A few weeks ago these pages carried a substantial piece by Mokhosi Mohapi titled “A reversal of our traditions and culture”, written in the form of an open letter to the government of Lesotho. The first sentence of Mohapi’s article took me by surprise, as he stated: MPs and Senators’ primary role is to protect and preserve the traditions and culture of the Basotho people. I would have thought the primary role of MPs and Senators would be to ensure that Basotho are secure (being protected, for example, from criminals), that they have adequate access to social services such as education and healthcare, that the economy is sufficiently stable to offer citizens some chance of employment, and so on. Fat chance, you might scoff.

But then I realised that Mohapi had a more specific contention in mind, as he stated: The Laws of Lerotholi were set to protect social order, traditions and culture of Basotho. Mohapi’s immediate concern is with the 2024 Estates and Inheritance Bill, which proposes radical changes to the existing order of things. (See the article in last week’s thepost, “MPs bulldoze through Inheritance Bill”, which gives a good idea of the background).

I’m aware that this Bill has provoked considerable controversy, and that is not my topic in this article. Nor do I wish to contest what Mohapi was saying in his piece — this is by no means a case of Dunton v Mohapi. But I did take note of the way the phrase “traditions and culture” kept resounding in Mohapi’s article, rather like a cracked bell, and what I want to do is open up those terms for examination.

Please bear with me as I slip aside for a moment with a little academic stuff. Back in 2006 I published an article titled “Problematizing Keywords: Culture, tradition and modernity.” For those of my readers with a scholarly bent and who might want to hunt it down, this was published in a journal called Boleswa Occasional Papers in Theology and Religion 2:3 (2006), pages 5-11. There I made a number of points I want to bring up in what follows.

The first fallacy I tackled in that article was the tradition/modernity binary — the notion that in Africa there was tradition and then, wham!, the white man arrived and there was modernity. Are we seriously to believe there were no great cities in Africa before the white man landed, that the peoples of a whole continent lived entirely in villages? Nigeria tells a different story.

Are we to believe there were no great libraries? Mali and Ethiopia tell a different tale. No writing systems? No medicine? I’m not saying that if I’m in pain I don’t prefer a dose of oramorph to an infusion made from some leaves picked off the slopes of Thaba Bosiu, but the point remains: the tradition/modernity binary is crude and crass and it’s demeaning about Africa.

We cannot get very far with simplistic ideas about where we are coming from and where we are at. And yet of course we do come from a past. I’ll quote — or, rather, paraphrase from memory, as I don’t have the work to hand — an observation made by T.S Eliot in his essay “Tradition and the Individual Talent”: We know so much more than those who came before us. But they are a large part of what we know.

But of those who came before who is it, exactly, that we know? When Mohapi repeatedly uses the phrase “the traditions and culture of the Basotho people” I take it he is thinking of the Basotho as constituted under Moshoeshoe I and the descendants of those generations.

For how much do we know about the “traditions and culture” of the various Sotho-speaking groups let’s say two hundred years before Moshoeshoe gathered them together to form the modern Lesotho state? Isn’t it likely there were significant differences between the “traditions and culture” of these groups, differences that were later rationalised or homogenised?

Two points here. First, we mustn’t forget what an extraordinary innovator Moshoeshoe was —and I guess that might be said also of Lerotholi, whose laws are the chief focus of Mohapi’s article. Second, culture is not static, it is not immutable. It evolves all the time.

For example, for how long has it been the case that adherence to the Christian faith could be said to be part of the culture of Basotho? (Or, for how long has football been part of the culture of the English? We are credited with the invention of football, but that doesn’t mean it’s been part of who we are since time immemorial).

That brings me to my next point, or a string of points, moving from England back to Lesotho. When I was a schoolboy I bought myself a copy of the book Components of the National Culture (1968) by the great British Marxist Perry Anderson. One of my schoolmasters — one of the few who didn’t like me — caught me with it and said “just the sort of book I’d expect a troublemaker like you to be reading. Just don’t show it to anyone else!”

The significant term in Anderson’s title is “components.” Culture is put together — it is an assemblage — and its components may have different sources.
That leads me on to the invention of tradition, and an example for Basotho.

I guess all my readers know Qiloane, the sandstone pillar at Thaba Bosiu the distinctive peak of which is said to be the inspiration for the shape of the traditional Basotho straw hat. Well, that notion is dubious to say the least; there were hats of the same shape from elsewhere in the region long before the Basotho got hold of the design.

Does this really matter? Well, no, because even if a tradition is invented, it still has the persuasiveness of a tradition. It’s just that knowing this might dissuade us from making big claims about the unchangeable nature and sanctity of tradition.

And the same goes for culture. I leave you with a quotation from the Ghanaian philosopher Kwame Anthony Appiah (it’s from his terrific book Cosmopolitanism: Ethics in a World of Strangers): We do not need, have never needed, a homogenous system of values, in order to have a home. Cultural purity is an oxymoron.

Chris Dunton is a former Professor of English and Dean of Humanities at the National University of Lesotho.

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Insight

The Joker Returns: Conclusion

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Last week I was talking about how jokes, or humour generally, can help get one through the most desperate situations (although it’s like taking a paracetamol for a headache; a much, much stronger resort is faith). I used the example of how Polish Jews, trapped and dying in the Warsaw ghetto, used humour to get them through day by day.

A similar, though less nightmarish, situation obtains in today’s Nigeria. Conditions there are less hellish than those of the Warsaw ghetto, but still pretty awful. There are massive redundancies, so millions of people are jobless. Inflation is at about 30% and the cost of living is sky-rocketing, with the most basic foodstuffs often unavailable. There is the breakdown of basic social services.

And endemic violence, with widespread armed robbery (to travel by road from one city to another you take your life in your hands) and the frequent kidnapping for ransom of schoolchildren and teachers. In a recent issue of the Punch newspaper (Lagos) Taiwo Obindo, Professor of Psychiatry at the University of Jos, writes of the effects of economic hardship and insecurity on his people’s mental health.

He concludes: “We should see the funny side of things. We can use humour to handle some things. Don’t take things to heart; laugh it off.”

Professor Obindo doesn’t, regrettably, give examples of the humour he prescribes, but I remember two from a period when things were less grim. Power-cuts happened all the time — a big problem if you’re trying to work at night and can’t afford a generator.

And so the National Electric Power Authority (NEPA) was universally referred to as Never Expect Power Always. And second, for inter-city travel there was a company called Luxurious Buses. Believe me, the average Lesotho kombi is a great deal more luxurious (I can’t remember ever having to sit on the floor of one of those).

And because of the dreadful state of Nigerian roads and the frequent fatal crashes, Luxurious Buses were referred to as Luxurious Hearses.

Lesotho’s newspaper thepost, for which I slave away tirelessly, doesn’t use humour very much. But there is Muckraker. I’ve always wondered whether Muckraker is the pen-name of a single person or a group who alternate writing the column.

Whatever, I’d love to have a drink with him / her/ them and chew things over. I like the ironic pen-name of the author(s). Traditionally speaking, a muckraker is a gossip, someone who scrabbles around for titbits (usually sexual) on the personal life of a celebrity — not exactly a noble thing to do.

But thepost’s Muckraker exposes big problems, deep demerits, conducted by those who should know and do better — problems that the powerful would like to be swept under the carpet, and the intention of Muckraker’s exposure is corrective.

And I always join in the closing exasperated “Ichuuuu!” (as I do this rather loudly, my housemates probably think I’m going bonkers).

Finally I want to mention television satire. The Brits are renowned for this, an achievement dating back to the early 1960s and the weekly satirical programme “TW3” (That Was The Week That Was). More recently we have had “Mock the Week”, though, despite its popularity, the BBC has cancelled this.

The cancellation wasn’t for political reasons. For decades the UK has been encumbered with a foul Conservative government, though this year’s election may be won by Labour (not such very good news, as the Labour leadership is only pseudo-socialist). “Mock the Week” was pretty even-handed in deriding politicians; the BBC’s problem was, I imagine, with the programme’s frequent obscenity.

As an example of their political jokes, I quote a discussion on the less than inspiring leader of the Labour Party, Sir Keir Starmer. One member of the panel said: “Labour may well have a huge lead in the polls at present, but the day before election day Starmer will destroy it by doing something like accidentally infecting David Attenborough with chicken-pox.”

And a favourite, basically non-political interchange on “Mock the Week” had to do with our former monarch, Queen Elizabeth II. Whatever one thinks about the British monarchy as an institution, the Queen was much loved, but the following interchange between two panellists (A and B) was fun:

A: Is the Queen’s nickname really Lilibet?
B: Yes, it is.
A: I thought her nickname was Her Majesty.
B: That’s her gang name.

OK, dear readers, that’s enough humour from me for a while. Next week I’m turning dead serious — and more than a little controversial — responding to a recent Insight piece by Mokhosi Mohapi titled “A reversal of our traditions and culture.” To be forewarned is to be prepared.

Chris Dunton

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