Mohloai Mpesi
THE opposition’s quest to have its grievances, over the government’s alleged failure to respect the rule of law, tabled before the Southern African Development Community (SADC) Summit has failed, with the issue omitted from the agenda of the regional bloc’s latest meeting.
The 46th Ordinary Summit of SADC Heads of State and Government was held from Monday in Durban, South Africa, under the chairmanship of South African President, Matamela Cyril Ramaphosa.
According to the SADC communique released on Tuesday, the opposition’s concerns over alleged government non-compliance with court orders did not feature among the matters considered by the summit.
However, Leader of the Opposition in Parliament Mathibeli Mokhothu has downplayed the omission, saying the opposition remains hopeful that SADC will eventually attend to its grievances.
The opposition had written to SADC accusing the government of systematically disregarding binding court orders and undermining the rule of law while simultaneously pursuing the national constitutional reforms process.
Mr Mokhothu had written to SADC Executive Secretary, Elias Magosi, on 3 August 2026, ahead of the 46th Ordinary Summit, on behalf of the opposition bloc.
The opposition argued that the government’s continued “disregard” for judicial decisions had eroded the very constitutional principles the reforms were intended to strengthen.
It consequently informed SADC that it was suspending its participation in the national reforms process until the government demonstrated its commitment to complying with court orders.
Part of the letter reads: “…We respectfully request SADC, as guarantor and facilitator of Lesotho’s national reforms process, to engage with the Government of the Kingdom of Lesotho on this matter as a matter of urgency.
“We further request SADC to impress upon the Government that compliance with court orders is fundamental to the credibility, legitimacy and success of the reforms process and to the preservation of constitutional democracy in Lesotho.”
The opposition nevertheless stressed that it remained committed to completing the reforms.
“The Opposition remains firmly committed to the successful completion of the national reforms process. However, meaningful reform requires an environment in which the Constitution is respected, judicial decisions are obeyed and all institutions of State remain subject to the rule of law,” the letter reads.
“We trust that the SADC will continue to uphold the regional values of constitutionalism, democratic governance and respect for judicial independence that underpin peace, stability and sustainable development within the Community.”
SADC communique
The summit’s agenda included a commendation of Peter Mutharika, President of Malawi, for his leadership and contribution to promoting peace, security and democratic governance in the region.
“Summit received the report of the Chairperson of the Organ on Politics, Defence and Security Cooperation, His Excellency Professor Arthur Peter Mutharika, President of the Republic of Malawi, and commended him for his leadership, commitment, and valuable contributions to promoting peace, security, stability, and democratic governance in the SADC region throughout his tenure,” the communique reads.
The summit also reiterated its solidarity with the people of the Democratic Republic of Congo (DRC) and support for coordinated regional and international efforts to restore peace and security, protect civilians and strengthen humanitarian and public health responses.
On Madagascar, the summit welcomed constructive engagement through the efforts of the SADC Panel of Elders, supported by the SADC Mediation Reference Group and the SADC Secretariat.
It reaffirmed its commitment to supporting Madagascar’s reform process and development agenda, including the promotion of inclusive governance, democratic institutions, accountability, human rights and citizen participation.
The summit urged stakeholders in Madagascar to maintain the relative calm prevailing in the country and use dialogue to address their grievances.
It also commended the Government of Mozambique for its ongoing inclusive national dialogue and continued efforts to combat terrorism and maintain peace and security in parts of Cabo Delgado Province.
Mokhothu
In an interview with the Lesotho Times yesterday, Mr Mokhothu said the opposition was not disappointed that its request had not appeared on the summit agenda, explaining that the letter had been sent when preparations for the summit were already at an advanced stage.
“We were not expecting our issues to be included immediately because when we were still communicating with the Prime Minister (Matekane) , the SADC agenda was already being prepared….,” he said.
He said the opposition’s objective was not merely to have its grievances placed on the summit agenda, but to pressure the government to comply with court orders.
“What we appreciate is that our issues have reached SADC….We will wait for them and see what they do. At least for now, we are driving the government to desist from its behaviour.
“So, what we want is to change the government’s behaviour. Even without SADC we can still resolve our issues successfully and government desists from disregarding the court orders,” he said.
Mr Mokhothu said the opposition had spoken telephonically with the SADC Executive Secretary and confirmed that its correspondence had reached the regional body.
“Our main focus was not to have our issues on the SADC agenda because during our correspondence with the government, SADC preparations were already advanced.
“But they now have the record of our issues and it is our expectation that they will discuss these issues among themselves and revert….,” he said.
Mr Mokhothu said the opposition would maintain its boycott of the reforms process until the government started complying with court orders.
“Until the government changes, we will continue to suspend our participation in the reforms process. Even our second letter, responding to the Prime Minister, we put forward our demands. We are expecting the government to meet those demands,” he said.
Standoff
The opposition-government standoff over the reforms process intensified after Mr Mokhothu rejected Mr Matekane’s appeal for opposition parties to return to the national reforms table.
In a 16-page response dated 10 August 2026, Mr Mokhothu said pending litigation could not be used by the government as a justification for failing to implement existing court orders.
The opposition said a court order remained binding unless it had been stayed, varied, rescinded or set aside by a competent court. It argued that citizens should not be forced to return to court and institute contempt proceedings before the government gave effect to judgments already issued.
A major point of contention is the case of Ombudsman Advocate Tlotliso Polaki. The opposition said the Constitutional Court’s 29 June 2026 order expressly restrained the Prime Minister from frustrating, impeding or interfering with the Office of the Ombudsman or the exercise of Adv Polaki’s functions pending the final determination of her case.
The opposition maintains that Adv Polaki was subsequently prevented from accessing her office and instituted contempt proceedings against Mr Matekane. It argues that the issue is not for political actors to determine but questions why compliance with an express court order had to be pursued through further contempt proceedings.
The opposition has also raised the cases involving suspended Director of Public Prosecutions Advocate Hlalefang Motinyane, former Revenue Services Lesotho Commissioner General Advocate ’Mathabo Mokoko and National Security Service officers as further examples of what it describes as problems with implementation of judicial decisions.
Mr Matekane, however, has maintained that the government was not in contempt where courts have not expressly ordered the remedies being demanded, while arguing that some matters remain subject to litigation.
The opposition has rejected that position, saying the mere existence of pending proceedings did not suspend an existing court order.
It has called for a government-wide audit of outstanding judgments and orders against the government, ministries, departments, agencies and statutory public institutions, as well as a central mechanism to monitor compliance.
Despite the Prime Minister’s appeal, the opposition says it will not return to the reforms process until it is satisfied that binding judicial decisions are being respected and implemented.
It maintains that its boycott is not a rejection of national reforms, but a demand that the reforms be anchored in constitutionalism, the rule of law and respect for the judiciary.
The opposition says it will reconsider its position once the government takes “immediate, concrete and demonstrable steps” to secure compliance with outstanding court orders.
