Insight
A mockery to the constitution
Published
4 years agoon
By
The Post
Conventional wisdom tells us that good political societies are built on the principles of constitutionalism. This entails upholding the rule of law, regular elections and the principle of separation of powers.
I am not a political scientist but a keen political activist who has read a lot of literature on democracy and elections and have concluded that elections perform at least three important democratising functions:
They help the country build and sustain effective democratic institutions
They provide the people with an effective legal tool to constrain and guard the government and minimise impunity
They enhance the ability of the people to change their government and bring into public service new and more energetic and effective political leaders.
Nevertheless, in order for elections to perform these three important functions and do so effectively, these elections must be regular, not infrequent. They must be free and fair. They must be competitive, inclusive, transparent, and credible. By-elections are held to fill vacant electoral seats — for example, if an MP resigns or dies.
This week I wish to deal with the challenge of holding by-elections in five vacant constituencies and several other local councils.
Last week there was a Savingram that was widely discussed on social media which appeared to have been written by the Budget Controller and was directed to the Director of Elections. The purpose of the Savingram was to inform the Director of Elections that the by-elections were not budgeted for in the current 2021/22 financial year, therefore, the country could not hold by-elections in five vacant constituencies and several other local councils.
It is very disturbing that the Budget Controller had the audacity to suggest that the Director of Elections should suspend by-elections and start preparing for the 2022 general elections. I do not know on whose authority the Budget Controller was acting on but please tell her that suspending the by-elections of five vacant constituencies and several other local councils is unconstitutional. Hands off my constitution.
I am of the opinion that the Budget Controller was sent by politicians who are afraid of going for by-elections. The Minister responsible for this Ministry comes from the All Basotho Convention (ABC), a party that has experienced a major split. The ABC is the only party that will benefit from this announcement.
While I understand the ABC’s fear but I wish to caution them that they must take their hands off my constitution. I wish to remind the ABC that they campaigned for the rule of law. In fact they are in government today on the promise of upholding the rule of law. The rule of law is non-negotiable. The constitution would have given exceptions if it was necessary not to hold by-elections in some instances. This simply, is lawlessness.
I wish to pose an honest question to the Budget Controller and all those who sent her: Have you even read the Lesotho Constitution? I will gladly lend you my copy. In this document, look for the words vacancy, National Assembly and by-election.
Is the Budget Controller suggesting that our constitution is too expensive to afford? Those who agree with the Budget Controller argue that this country cannot afford by-elections. While I agree that democracy is not cheap but the absence of democratic pillars such as elections is more expensive. It has long-term effects on this country’s development aid and ability to access loans and other funding.
I am shocked that Prime Minister Moeketsi Majoro has been silent on this matter. This isn’t just a technicality: The oath of office demands that the Prime Minister should be “faithful and bear true allegiance to the King, his heirs and successors, according to this Constitution and the laws of Lesotho.”
The Prime Minister has been silent when the Budget Controller has been mocking the constitution. It is clear that they (Prime Minister, Minister of Finance, Principal Secretary of Finance and Budget Controller) are outright hostile to the underlying philosophy of our constitution. In the interest of judging Majoro’s competence to follow through on the oath of office, here is a short guide to the Constitution and where the Prime Minister Majoro collides with it.
The Constitution is very clear that when a vacancy occurs in the National Assembly, by-elections must be held within 90 days. Almost all the vacancies have gone way beyond the 90-day stipulated time period. There has been no explanation whatsoever from the Prime Minister.
While waiting for the justification for violation of the constitution, we are shocked when the new government spokesperson (who is the Budget Controller) boldly tells us that we should do away with a constitutional obligation.
The Prime Minister must do the right thing. Do what the constitution provides for, it is the right thing to do and is non-negotiable. To disregard the holding of by-elections is a direct violation of the constitution. Basotho are witnessing this slow-motion erosion of the Constitution and wonder, rightly, if the Prime Minister, Minister of Finance, Principal Secretary of Finance and Budget Controller are ever going to be held accountable.
I acknowledge that the absence of the Independent Electoral Commission (IEC) Commissioners and Director of Elections could have contributed to the delay, coupled with the Covid-19 pandemic that has been threatening many of our most cherished freedoms. Nevertheless the budget can never be an excuse for not holding by-elections. Let me conclude by fast forwarding to 2022.
Imagine being told that the country cannot hold General Elections because there is no money. If we accept that by-elections cannot be held because they were not budgeted for in the 2021/22 budget estimates then we must be willing to accept that the 2022 General Elections could also be postponed under the pretence that the government does not have money for elections.
Ramahooana Matlosa
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I closed last week by recording the dreadful news that trashy Trump had been elected called to mind WB Yeats’s poem “The Second Coming.” This is the poem whose opening lines gave Chinua Achebe the phrase “things fall apart.”
Yeats observes “Things fall apart, the centre cannot hold / Mere anarchy is loosed upon the world.”
It was written in 1919 and controversially uses Christian imagery relating to the Apocalypse and the Second Coming to reflect on the atmosphere in Europe following the slaughter of the First World War and the devastating flu epidemic that followed this.
It also reflects on the Irish War of Independence against British rule.
In lines that I can now read as if applying to the recent American election, Yeats mourns: “The best lack all conviction, while the worst / Are full of passionate intensity.”
And then I can visualise Trump in the poem’s closing lines: “What rough beast is this, its hour come round at last, / Slouching towards Bethlehem to be born?”
Trump is certainly a rough beast and isn’t the choice of verb, slouching, just perfect? For a non-allegorical account of the threat posed by the Dump, I can’t do better than to quote (as I often do) that fine South African political journalist, Will Shoki. In his words: “Trump’s administration simply won’t care about Palestinians, about the DRC, about the Sudanese.
It will be indifferent to the plight of the downtrodden and the oppressed, who will be portrayed as weak and pathetic. And it will give carte blanche [that is, free rein] to despotism and tyranny everywhere.
Not even social media, that once revered third-space we associated with subversion and revolution in the first quarter of the 21st century can save us because Silicon Valley is in Trump’s back pocket.”
So what follows the triumph of the Dump? We can’t just sit down and moan and bemoan. In a more recent piece of hers than the one I quoted last week, Rebecca Solnit has observed: “Authoritarians like Trump love fear, defeatism, surrender. Do not give them what they want . . . We must lay up supplies of love, care, trust, community and resolve — so we may resist the storm.”
Katt Lissard tells me that on November 7th following the confirmation of the election result, in the daytime and well into the evening in Manhattan, New York, there was a large demonstration in support of the immigrants Trump despises.
And a recent piece by Natasha Lennard gives us courage in its title “The Answer to Trump’s Victory is Radical Action.”
So, my Basotho readers, how about the peaceful bearing of some placards in front of the US Embassy in Maseru? Because the Dump doesn’t like you guys and gals one little bit.
One last morsel. I had intended to end this piece with the above call to action, but can’t resist quoting the following comment from the New York Times of November 13th on Trump’s plans to appoint his ministers.
I’m not sure a satirical gibe was intended (the clue is in the repeated use of the word “defence”), but it made me guffaw nonetheless. “Trump will nominate Pete Hegseth, a Fox News host with no government experience, as his defence secretary. Hegseth has often defended Trump on TV.” You see, it’s all about the Dump.
- Chris Dunton is a former Professor of English and Dean of Humanities at the National University of Lesotho.
Recently, an audio recording featuring the distressed MP for Thaba-Bosiu Constituency, Joseph Malebaleba, circulated on social media. The MP appears to have spent a sleepless night, struggling with the situation in which he and his associates from the Revolution for Prosperity (RFP) party were denied a school feeding tender valued at M250 million per annum.
In 2022, Lesotho’s political landscape underwent a significant shift with the emergence of the RFP led by some of the country’s wealthiest individuals. Among them was Samuel Ntsokoane Matekane, arguably one of the richest people in Lesotho, who took the helm as the party’s leader and ultimately, the Prime Minister of Lesotho.
The RFP’s victory in the general election raised eyebrows, and their subsequent actions have sparked concerns about the motivations behind their involvement in politics.
In an interview with an American broadcasting network just after he won the elections, Matekane made a striking statement, proclaiming that he would run Lesotho exactly as he runs his business.
At first glance, many thought he was joking, but as time has shown, his words were far from an idle threat. In the business world, the primary goal is to maximize profits, and it appears that the RFP is adopting a similar approach to governance.
Behind the scenes, alarming developments have been unfolding. A communication from an RFP WhatsApp group revealed a disturbing request from the Minister of Communications, Nthati Moorosi, who asked if anyone in the group had a construction business and could inbox her.
This raises questions about the RFP’s focus on using government resources to benefit their own business interests.
The government has been embroiled in a series of scandals that have raised serious concerns about the ethical conduct of its officials. Recent reports have revealed shocking incidents of misuse of public funds and conflicts of interest among key government figures.
Over the past two years, the RFP has been accused of awarding government contracts to companies affiliated with their members, further solidifying concerns about their self-serving agenda. For instance, vehicles purchased for the police were allegedly sourced from suppliers connected to a Minister’s son and MP.
The MP for Peka, Mohopoli Monokoane, was found to have hijacked fertiliser intended to support impoverished farmers, diverting crucial resources away from those in need for personal gain.
Such actions not only betray the trust of the public but also have a direct impact on the livelihoods of vulnerable communities. Monokoane appeared before the courts of law this week.
While farmers voice their concerns regarding fertiliser shortages, it seems that Bishop Teboho Ramela of St. Paul African Apostolic Church, who is also a businessman, is allegedly involved in a corrupt deal concerning a M10 million fertilizer allocation, benefiting from connections with wealthy individuals in government.
The procurement of fertiliser appears to be mired in controversy; recall that the Minister of Agriculture, Food Security and Nutrition, Thabo Mofosi, was also implicated in the M43 million tender.
The renovation of government buildings with elaborate lighting systems was contracted to a company owned by the son of an MP. The RFP’s enthusiasm for infrastructure development, specifically road construction and maintenance, is also tainted by self-interest, as they have companies capable of performing these tasks and supplying the necessary materials, such as asphalt.
Minister Moteane finds himself in a compromising situation regarding a lucrative M100 million airport tender that was awarded to his former company. Ministers have even gone so far as to award themselves ownership of diamond mines.
Meanwhile, the nation struggles with national identification and passport shortages, which according to my analysis the RFP seems hesitant to address until they can find a way to partner with an international company that will benefit their own interests.
The people of Lesotho are left wondering if their leaders are truly committed to serving the nation or simply lining their own pockets. As the RFP’s grip on power tightens, the consequences for Lesotho’s democracy and economy hang precariously in the balance.
It is imperative that citizens remain vigilant and demand transparency and accountability from their leaders, lest the nation slide further into an era of self-serving governance.
In conclusion, the RFP’s dominance has raised serious concerns about the motives behind their involvement in politics. The apparent prioritisation of personal profit over public welfare has sparked widespread disillusionment and mistrust among the population.
As Lesotho navigates this critical juncture, it is essential that its leaders are held accountable for their actions and that the nation’s best interests are placed above those of individuals.
Only through collective effort and a strong commitment to transparency and accountability can Lesotho ensure a brighter future for all its citizens.
Ramahooana Matlosa
Attentive readers will recall that some weeks ago, I scribbled a series of pieces on elections due to be held in the UK, France, South Africa, and the USA. These elections were unusually critical for the well-being of their countries and even that of the world.
The results of the last of these elections are now with us and we are faced with the devastating news that Donald Trump is heading back to the White House.
I can hardly think of worse news to swallow or to equip the world to survive the years ahead.
The Dump, as I call him, is one of the most odious, dangerous, untrustworthy individuals currently inhabiting planet Earth. To cite a few of his demerits: he is a convicted felon; he believes climate change is a hoax; he is a sexist and a racist (one of his former military advisers has gone so far as to describe him as a fascist).
He is a snuggle buddy of the Russian dictator Vladimir Putin and will probably discontinue aid to Ukraine as it resists invasion by Russia. Western European allies such as France, Germany and the UK are dismayed at his victory, as he holds the principles of democracy and constitutionalism in contempt.
As for Africa, well, he once described it as a “shit country,” so don’t look forward to much support from him.
Readers who spent time at the NUL will remember my dear colleague Katt Lissard who is now back home in New York. She spent some years with us as a Professor specialising in Theatre studies and was the Artistic Director of our international Winter / Summer Institute for Theatre for Development.
Many activists in the USA like Katt, who don’t see themselves as part of the political mainstream, chose to campaign for the Democrats and Kamala Harris in the hope of keeping Trump and the far right out of power. Confronted with the news of Trump’s victory, she sent an email to friends noting this was “just a brief check-in from the incomprehensible USA.”
She then explained: “We’re in shock and the early days of processing, but white supremacy, misogyny and anti-immigrant bias are alive and well and driving the boat here.” So, how do Katt and millions of decent, like-minded Americans plan to weather the storm?
Katt explained: “We were deeply depressed and deeply furious as it became clear that one of the worst human beings on the planet was going back to the White House, but we are still breathing and know that we will in the days ahead begin to formulate plans and strategies—and not just for heading north across the Canadian border.”
Picking up on that last point, it may well be that many decent Americans might just up and off across the border; Canada had better prepare for an avalanche of applications for residence permits.
And not just from Americans; in, for example, the American university system alone there are many many Africans employed in high positions (Professors and such-like), who must now face the fact they are living in a country whose leader despises them and who may opt to get out.
In her email written to her friends, once the news from hell had been confirmed, Katt quoted a piece by Rebecca Solnit, one of the most exciting writers at work in the USA today (readers may remember that I have previously reviewed two of her books for this newspaper, Whose Story is This? and Recollections of My Non-Existence).
Now Solnit is a feminist and at the heart of her work is a dissection of the way women have been marginalised in the USA (let’s remember that Kamala Harris, the Presidential candidate who lost to Trump, did so partly because so many American males could not bring themselves to vote for a woman.
I am thinking of the kind of male who invaded the White House when it was announced Trump had lost the 2020 election, bare-chested and wearing cow-horn helmets on their numbskull heads).
Solnit has this to say on our response to the Trump victory: “They want you to feel powerless and to surrender and to let them trample everything and you are not going to let them.
You are not giving up and neither am I. The fact that we cannot save everything does not mean we cannot save anything and everything we can save is worth saving.
You may need to grieve or scream or take time off, but you have a role no matter what, and right now good friends and good principles are worth gathering in.
Remember what you love. Remember what loves you. Remember in this tide of hate what love is.” And then: “A lot of us are going to resist by building solidarity and sanctuary.”
What is so morale-boosting about Solnit’s piece is not just her vision but also her command of language.
Her writing is so crisp and elegant. Language comes at us at its best, of course, in literature, and when I heard that the Dump was on the move back to the White House, I immediately recalled one of the most startling poems in the English language, “The Second Coming” by the Irish poet WB Yeats.
I’ll kick off with that next week.
To be concluded
Chris Dunton
Knives out for Molelle
Massive salary hike for chiefs
Maqelepo says suspension deeply flawed
Initiation boys sexually molested
Battle for top DC post erupts
The ‘side job’ of sex work
Manyokole, ‘Bikerboy’ cleared of fraud charges
Four struck by lightining
Tempers boil over passports
Big questions for Molelle
Jackals are hunting
Pressing the Knorx Stereo
The mouth
Ramakongoana off to World Athletics Championships
Ramalefane request unsettles Matlama
Weekly Police Report
Reforms: time to change hearts and minds
The middle class have failed us
Coalition politics are bad for development
No peace plan, no economic recovery
Professionalising education
We have lost our moral indignation
Academic leadership, curriculum and pedagogy
Mokeki’s road to stardom
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Literature and reality
Bringing the spark back to schools
The ABC blew its chance
I made Matekane rich: Moleleki
Musician dumps ABC
Bofuma, boimana li nts’a bana likolong
BNP infighting
Mahao o seboko ka ho phahama hoa litheko
Contract Farming Launch
7,5 Million Dollars For Needy Children
Ba ahileng lipuleng ba falle ha nakoana
Ba ahileng lipuleng ba falle ha nakoana
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‘Our Members Voted RFP’ Says Metsing
SENATE OPENS
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Metsing and Mochoboroane Case Postponed
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