Mathatisi Sebusi
THE government stands accused of misleading the Southern African Development Community (SADC) into removing Lesotho from the Organ Troika’s agenda during the 45th Ordinary Summit of SADC Heads of State and Government, held last week in Madagascar.
While some politicians believe that Lesotho’s removal was based on the “misleading” passage of the 10th Amendment Bill without observing the Constitution; others argue that the removal was long overdue and that Lesotho was never supposed to be on the Organ’s agenda in the first place.
The Organ Troika is SADC’s crucial mechanism focused on maintaining peace, security, and political stability. Its primary role is to guide member states and provide direction on matters threatening regional peace and security.
Last Wednesday, Parliament passed the 10th Amendment to the Constitution Act, 2025 and, consequently, Lesotho was removed from the Organ’s agenda during the 45th Ordinary Summit.
Although the government has flaunted this removal as an achievement, opposition parties and civil society organisations have expressed dissatisfaction with the way the legislation was passed.
They allege that legal procedures were bypassed in enacting the 10th Amendment Bill.
Leader of the Basotho Action Party (BAP), Nqosa Mahao, said Lesotho was removed from the Organ’s agenda under the false impression that the country had successfully completed the national reforms, including crucial constitutional amendments, particularly those related to the security sector.
He said, instead, the government presented the 10th Amendment to the Constitution, 2025, which sailed through to royal assent, violating sections of the Constitution.
“There are sections in this law that required a public referendum because the government failed to get a two-thirds majority,” Professor Mahao said.
“We received information that, after agreeing with the government and the Senate that some sections would require a public referendum and would therefore be removed from the Bill, the government went behind everyone’s back and requested royal assent from His Majesty King Letsie III, which was granted.
“There are sections in the Bill that only require a simple majority. After passing both houses of Parliament, they go straight for royal assent. But there are also sections that require a two-thirds majority, and if the government fails to obtain it, those must go through a public referendum — held between two and six months after passage by Parliament.”
He also said the government ignored all these legal requirements, submitted the Bill to the King for assent, and presenting it before SADC.
“Lesotho was removed from the SADC agenda by smuggling through a law that they knew had violated the Constitution during its passage. This will affect the dignity and integrity of Lesotho, and it will be difficult for SADC to trust Lesotho again. The legislation was illegally passed, without honour and integrity.”
In a separate interview with the Lesotho Times, Leader of the Opposition and leader of the Democratic Congress, Mathibeli Mokhothu, said it was a good thing that Lesotho has been removed from the SADC agenda so that it can govern itself.
“Lesotho should govern itself, and it must be able to chart a way forward independently. It is okay that it was removed from the SADC agenda — after all, it was long overdue. People should remember that Lesotho invited SADC to come and help, but later it was made to look as though SADC invited itself,” Mr Mokhothu said.
Also speaking to the Lesotho Times this week, former Minister of Law and Constitutional Affairs, Lekhetho Rakuoane, said being declared politically stable by the SADC Heads of State was an achievement for Lesotho, which the country will only be able to sustain if it abides by the Constitution and if every leader knows their role and refrains from interfering in matters outside their scope.
He, however, disapproved of the violation of the Constitution associated with the bill’s passage adding that as opposition they plan to file a case to force the government to withdraw all sections that were passed illegally.
Section 2 Coordinator, Kananelo Boloetse, told the Lesotho Times that it was commendable that Lesotho has been removed from the SADC agenda.
“I have never believed Lesotho should have been on the SADC agenda in the first place. Yes, there was political instability starting from 2014, mainly caused by the fact that we were in our first coalition government.
“That is exactly what is happening in South Africa now, but they are handling it differently than we did. Instability is not unusual in a democracy; it is part of the democratic process, where different interests, voices, and sometimes tensions must find expression.
“What matters is how a nation manages those tensions within its own constitutional and institutional framework,” he said.
According to Mr Boloetse, by constantly being placed on the SADC agenda, Lesotho risked portraying itself as a country incapable of managing its own affairs — dependent on external intervention to solve domestic challenges.
He said that undermined, and continued to undermine, the country’s sovereignty and, to some extent, the confidence of Basotho in their own institutions.
It was important for the country to allow its systems — Parliament, the courts, the media, civil society, and the people themselves — to confront and resolve crises, he added.
“That is what builds resilience. Lesotho should not aspire to be under perpetual regional supervision.”
However, Section 2 has also stated that it plans to go to court to challenge the legality of the Tenth Amendment to the Constitution.
Meanwhile, Minister of Law and Justice, Richard Ramoeletsi, in a telephone interview with the Lesotho Times yesterday, dismissed concerns over the legitimacy of the 10th Amendment Bill, insisting it was passed lawfully.
“You will recall that 10th amendment bill was passed in both houses of Parliament with 2/3 majority. In the National Assembly all 84 MPs present voted unanimously and passed the bill to Senate. As far as the 10th amendment goes, it is a lawful document,” Mr Ramoeletsi said.
