News
New law to govern initiation practices
Published
3 years agoon
By
The Post
QUTHING – PEOPLE of Tele, most of them of Xhosa origin, have proposed inclusivity of different tribal groups found in Quthing such as Amaxhosa and Baphuthi in the Initiation School Bill. This came out during public consultations held by the parliamentary Natural Resources Portfolio Committee to scrutinise the proposed Initiation School Bill this week.
The public consultations are being carried out in collaboration with the Southern African Development Community Parliamentary Forum (SADC-PF) and World Vision Lesotho before the finalisation of the proposed law. The Chairman of the Initiation Committee, Mopheme Mokoena, commended the initiative.
“This shows that the government cares about us and wants our cultural practices to be done lawfully,” Mokoena said.
He told thepost that the input from Basotho who participated in the consultations would be considered for inclusion in the Bill, although some issues have been left out.
“The period that the initiates spend at the initiation school and how the school owners feed the initiates were not included in the proposed law,” he said.
“The (Xhosas) want to maintain the practice of families feeding their children from the first day until the end, unlike Basotho practices where food is delivered occasionally to be cooked at the mountain,” he said.
Natural Resources Portfolio Committee Member and MP for Teele constituency, Mothepu Mahapa, said the consultations were part of measures to involve Basotho in the law-making process.
“We want the input for everyone before the Bill can be enacted into law so that people can take ownership. Their opinions matter. This process will help in making laws that don’t leave anyone behind,” Mahapa said.
He said the initiative was piloted in Quthing, before being taken to Mohale’s Hoek, Berea, Leribe, Butha-Buthe and Mokhotlong.
“Some districts are excluded because we are targeting districts with different ethnic groups,” he said.
He said so far, the mission is still on track although initiated people do not want to have such discussions at home with people who are not initiated.
“It made them uncomfortable before hearing our objectives. They felt like we wanted to talk about the sacred secrets of initiation to the uninitiated,” said Mahapa, one of the few MPs who have undergone the initiation process.
He said after informing them that the initiation school and the law that will govern it will affect everyone “directly or indirectly”, those who were initially hesitant began to open up and grabbed the opportunity to testify in support of or opposition to the Bill.
“Once we complete this, concerns will be noted and submitted as a report to Parliament so as to make amendments to the Bill if need be.”
The proposed Bill on initiation prescribes 18 years as the minimum age for the initiation for both males and females.
“This is to ensure that children do not drop out of formal schools and go for initiation like what has happened in the past,” he said.
“Children should stay in schools and access quality education as stated in the Sustainable Development Goal (SDG) 4,” Mahapa, a former deputy education minister, said.
The Bill will ensure that a person gets initiated at an age when they are able to give consent to be initiated with a full understanding of the consequences of their decision.
It further provides for the protection of a child’s welfare and rights that might be violated by certain cultural practices.
The six-day public consultation is funded by World Vision Lesotho. It started on Monday and will end on Saturday. The Bill has been drafted and presented by the Ministry of Tourism.
The SADC-PF Lesotho Sexual and Reproductive Health Services and Rights (SRHS) Officer, ’Mammehela Matamane, said the SRHR, HIV and AIDS Governance Project’s mandate is to strengthen the capacity of participating SADC national Parliaments to advocate for Sexual and Reproductive Health Services and Rights.
This is done in part through improved legislation, increased budget allocation, strengthened oversight and visible representation.
She said having public hearings on the proposed Initiation School Bill came after they realised that “it is very critical for Parliament to consider the public comments on the proposed Bill so that it is responsive to the peoples’ needs.”
“At this stage of the project, it is very much important to support the public hearings on proposed Bills that address cultural practices that seem to have a negative impact on SRHR issues.”
She said the public hearings become “very critical” in terms of ensuring that public opinion is taken into account before the Bill is finalised or even becomes a law.
“Without doubt, the deliberations by MPs who interface with the public will add value to the Bill and may lead to legal amendments that reflect issues that have not yet been incorporated,” said Matamane.
She said the expectation is that the project will, in the long term, achieve universal access to integrated SRHR, HIV and AIDS, and related rights, including bringing forward social change, improved health and respect for human rights that are enjoyed by all in the SADC region.
World Vision Lesotho Child Protection Manager, ’Maseisa Ntlama, said the organisation has been working with the initiation committee and the Ministry of Tourism, Environment and Culture (MTEC) to sensitise stakeholders about the development of the Bill.
“After Parliamentarians saw the need to make amendments, we supported them financially to carry out public consultations,” said Ntlama.
She said World Vision supported the enactment of the Bill after realising during the implementation of ending the child marriage campaign that initiation is one of the drivers of child marriage and high rates of school drop outs.
“Children drop out of formal school for initiation and upon their return, they think they have been groomed to be men so they want to exercise their manhood by getting married.”
She said issues tackled by the Bill include ensuring that no one under the age of 18 is initiated. It also ensures that the management of the placement of mephato (secluded initiation huts) are nowhere near schools. She said the Bill has covered many issues that the organisation campaigned for although some concerns still remain.
“As World Vision we are not against culture but as much as we love our culture and want to embrace it, it shouldn’t be at the expense of children. It loses its meaning once it perpetuates some harmful cultural practices that hinder children from reaching their full potential,” said Ntlama.
’Mapule Motsopa
MASERU
KNORX Molelle’s appointment as the Director General of the Directorate on Corruption and Economic Offences (DCEO) in February 2023 could have been illegal.
The Law Society of Lesotho has told Prime Minister Sam Matekane that Molelle was appointed without being admitted as a legal practitioner in Lesotho, as required by law.
The society claims the information came from a whistleblower on January 2 and was corroborated by its roll of legal practitioners in Lesotho.
The society says the appointment violates section 4 of the Prevention of Corruption and Economic Offences Act 1999 which states that a person shall not be appointed as the DCEO director general unless they have been admitted as a legal practitioner in terms of the Legal Practitioners Act.
In the letter, Advocate Ithabeleng Phamotse, the society’s secretary, tells Matekane that this requirement “is not a mere procedural formality but a substantive qualification essential to the lawful appointment of the Director General”.
“The absence of such qualification fatally impairs the appointment ab initio, rendering it null and void from the outset,” Advocate Phamotse says in the letter written on Tuesday.
The society argues that if left unaddressed the illegality undermines the credibility, effectiveness and legality of the DCEO’s operations and exposes the kingdom to serious risks, including challenges to the lawfulness of decisions and actions made by Molelle.
“Should it be confirmed that the appointment was made in contravention of the mandatory legal requirements,” Advocate Phamotse said, “we respectfully urge you to take immediate corrective action to rectify this glaring irregularity”.
Advocate Phamotse tells the prime minister that if the appointment is not corrected, the society would be “left with no alternative but to institute legal proceedings to protect the interests of justice and uphold the rule of law in Lesotho”.
“We trust that you will accord this matter your highest priority and act decisively to avert further damage to the integrity of our governance structures.”
The Prime Minister’s spokesman, Thapelo Mabote, said they received the letter but Matekane had not yet read it yesterday.
Matekane is on leave and is expected back in the office on January 14.
Questions over the validity of his appointment come as Molelle is being haunted by the damaging audio clips that were leaked last week.
The clips were clandestinely recorded by Basotho National Party leader, Machesetsa Mofomobe.
In some of the clips, Molelle appears to be describing Matekane and his deputy Justice Nthomeng Majara as idiots. He also appears to be calling Law Minister Richard Ramoeletsi a devil.
In other clips, he seems to be discussing cases. thepost has not independently verified the authenticity of the audio clips.
Staff Reporter
MASERU
THE government has increased the salaries for traditional leaders by a massive 88.5 percent.
This means that a village chief not appointed by a gazette will now earn M3 001 a month, up from the previous salary of M1 592. That means village chiefs will now earn an extra M1 409 per month.
A village chief, or headman, appointed by a gazette has moved from M1 966 to M3 567 per month.
Above a village chief is one with jurisdiction over a small cluster of villages, a category three chief, who now moves from M3 768 to M5 181 per month.
A category four chief, known as ward chief, has moved from M4 455 per month to M7 993.
The category five chief, who reports directly to a principal chief, will now earn M10 674, up from M9 939 per month.
There is no increment for principal chiefs.
The government says the budget for chiefs’ salaries has moved from M129.4 million to M208.3 million annually.
The hike follows a series of discussions between the Lesotho Workers Association, representing the chiefs, and the Ministry of Local Government and Chieftainship.
The revised salaries will be implemented with effect from April 1, 2025.
According to the settlement agreement, a discussion about raising the lowest salary of M6 000 for the lowest-ranking chiefs will be revisited in October 2025.
Chiefs who spoke to thepost have expressed satisfaction with the hike, saying it will significantly improve their lives.
Chief Mopeli Matsoso of Ha-Tikoe in Maseru said his previous salary of M1 500 per month would now be doubled, which would improve his life and help provide smoother services to the community.
He stressed that they used to close the offices while going out looking for jobs to compensate for their little salaries.
“Now the people will get smoother services,” Chief Matsoso said.
“The offices will forever be open,” he said.
Chief Matsoso said the salary hike will also serve as a motivation for other chiefs.
Chief Tumo Majara of Liboping, Mokhethoaneng, also expressed his gratitude.
Chief Majara acknowledge the positive impact the salary review would have, especially as a new officeholder.
“I guess we are all happy, that review will help a lot,” he said.
The Principal Chief of Thaba-Bosiu, Khoabane Theko, said the salary increase of chief is a welcome move by the government.
“I’m yet to study how the new salary structure looks like. But I welcome it as a good move by the government,”Chief Theko said.
Nkheli Liphoto
MASERU
Motlatsi Maqelepo, the embattled Basotho Action Party (BAP) deputy leader and Tello Kibane, who was the party chairman, have rejected their suspension from the party arguing it was legally flawed.
The BAP’s central executive committee on Tuesday suspended Maqelepo for seven years and Kibane for five years. The suspensions became effective on the same day.
The party’s disciplinary committee which met last Wednesday had recommended an expulsion for the two but that decision was rejected with the committee pushing for a lengthy suspension.
Maqelepo’s suspension will end on January 7, 2032 while Kibane’s will run until January 7, 2030.
Their suspension letters from the BAP deputy secretary general Victoria Qheku, say they should not participate in any of the party’s activities.
“In effect, you are relieved of your responsibility as a CEC member and BAP deputy leader,” Maqelepo was told in the letter.
“You were found guilty by default on all charges and the committee recommended your immediate dismissal from the party,” the letter reads.
On Kibane, the verdict states that the committee decided to mitigate the recommended sanction by reducing his suspension to five years.
“In the gravity of the charges, the suspension affects your membership in the BAP parliamentary caucus from which you are removed as a chairman.”
They were suspended in absentia after they refused to attend the disciplinary hearing, which they said was illegal.
In response to the suspension, Maqelepo wrote a letter addressing the BAP members in general, defying the committee’s decision to suspend them.
He has called for a special conference, appealing to party constituencies to push for it, citing the ongoing internal fight that includes the leadership’s decision to withdraw the BAP from the coalition government.
Maqelepo also said the central executive committee is illegally in a campaign to dissolve committees in the constituencies and replace them with stooges.
He reminded the members that there is a court case pending in the High Court seeking an interdiction to charge them in the party’s structures without approval of the special conference that he is calling.
He said the party leadership should have awaited the outcome of the case before proceeding with any disciplinary action.
“The party that is led by a professor of law continues to do dismissals despite the issue being taken to the courts,” Maqelepo said.
The party leader, Professor Nqosa Mahao, is a distinguished professor of law.
Maqelepo said they would write the central executive committee rejecting its decision to suspend them, saying they will continue taking part in party activities.
He said their fate in the party is in the hands of the special conference.
He appealed to all the party constituencies to continue writing letters demanding the special conference.
Both Maqelepo and Kibane received letters on November 28 last year inviting them to show cause why they should not be suspended pending their hearing.
They both responded on the following day refusing to attend.
Maqelepo, Kibane, Hilda Van Rooyen, and ’Mamoipone Senauoane are accused of supporting a move to remove Professor Mahao from his ministerial position last year.
They were part of the BAP members who asked Prime Minister Sam Matekane to fire Professor Mahao, who at the same time was pushing for the reshuffling of Tankiso Phapano, the principal secretary for the Ministry of Energy.
When Matekane ignored Professor Mahao’s demands, the latter withdrew the BAP from the coalition government much to the fierce resistance of the party’s four MPs.
Maqelepo started touting members from constituencies to call for a special conference to reverse Professor Mahao and the central executive committee’s decision.
The central executive committee issued a circular stopping Maqelepo’s rallies but he continued, with the support of the other MPs.
In the BAP caucus of six MPs, it is only Professor Mahao and ’Manyaneso Taole who are supporting the withdrawal from the government.
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