Billy Ntaote
Qoaling Member of Parliament (MP), Chalane Phori, stunned fellow legislators on Tuesday this week when he stormed out of the August House with the mace which gives the legislature its authority, bringing the day’s sitting to an abrupt end.
The All Basotho Convention (ABC) MP lost his temper when the National Assembly was debating a motion tabled by National Independent Party (NIP) legislator Kimetso Mathaba, seeking to amend the constitution and remove the prime minister’s powers to unilaterally prorogue parliament. The request for permission to table the motion was supported by supported by Marematlou Freedom Party (MFP) leader and MP, Moeketse Malebo.
The motion sought to “introduce the Eighth Amendment to the Constitution Bill; A Bill for an Act to provide for the abolition of prorogation and for the King to consult with the Council of State where he has been advised by the Prime Minister to dissolve Parliament.”
After Kolo Constituency MP, Teboho Lehloenya of the ABC, had requested ‘abolition’ be replaced with ‘regulation’, and was also pointing out further “flaws” that needed to be amended in the motion, Mr Phori rose from his seat, grabbed the mace from the Clerk of Parliament’s table, and took it to National Assembly Speaker’s office.
When he returned to his seat, Mr Phori came under attack from his angry colleagues, who demanded an explanation for his “bizarre” actions.
However, the equally furious MP would not be intimidated, insisting he was not going to allow King Letsie III to be “disrespected” through the violation of the Maseru Facilitation Declaration (MFD) that His Majesty also ratified.
Under the Southern African Development Community-brokered MFD, parliament was supposed to open on 17 October 2014 following its nine-month prorogation by Prime Minister Thomas Thabane on 10 June this year and only discuss issues relating to next February’s snap election.
Justice and Correctional Services Minister, Motlohi Maliehe, was the first to protest Tuesday’s motion, insisting it violated the MFD signed by all the country’s political leaders on 2 October 2014, through the facilitation of South Africa’s Deputy President, Cyril Ramaphosa.
Mr Maliehe, who is also the ABC chairman, told the Deputy Speaker, Lekhetho Rakuoane that parliament was only reopened after an agreement that the MPs would not discuss anything unrelated to the upcoming poll.
“I would also like to mention that the leave requested by the MPs is not clear which section of the constitution is to be amended. Again, this motion seems to be too cumbersome.
“According to the King’s Speech on the opening day of parliament, we are only to deal with the election-budget and prepare for the elections. The Maseru Facilitation Declaration signed by all political party leaders represented in this house, reads, and I quote: business of parliament will be limited to budget and all election-related matters only,” Mr Maliehe said.
However, in response, Advocate Rakuoane said National Assembly Speaker, Sephiri Motanyane, had already approved the motion to be part of parliament’s business for that day.
“It’s up to the House to decide whether the motion continues. On the face of the motion placed on the Order Paper, it is difficult to remove it from parliament’s business. It’s the MPs who can say that according to the Maseru Facilitation Declaration, the motion is out of order.
“I agree with the minister that politically, this motion could be seen to be contravening the Maseru Facilitation Declaration but it’s now in the House and it is only the MPs who can decide its fate. Technically, the motion has been approved,” Advocate Rakuoane said.
However, Mr Lehloenya argued the MFD had not been tabled “officially” in parliament, and could therefore, not dictate what should be discussed in the House.
“We will only regard it after it has been officially tabled in parliament by the Prime Minister,” Mr Lehloenya said.
Thabang Pheko of the Lesotho Congress for Democracy (LCD) also supported Mr Lehlonya’s sentiments.
“That very same Declaration says we should do our work in line with the constitution and as far as we are concerned, we are still within the bounds of our laws and constitution of Lesotho by introducing this motion,” Mr Pheko said.
It was during these exchanges that Mr Phori grabbed the mace and carried it out of the House as if he was the Sergeant-at-Arms at the end of parliament’s sitting.
In an interview after the Deputy Speaker had adjourned the day’s proceedings, Mr Phori further explained his actions: “I have closed today’s sitting because these people are disrespecting the King.
“The mace is a symbolic tool used to show parliament is holding its sitting in the presence of the King. If the mace is carried into the House, it shows that parliament is now in session and if it’s taken out, it’s an indication that the session has been adjourned, which is what I have just done.
“When parliament was reopened, the SADC Facilitator, Mr Ramaphosa, clearly indicated that we should only focus on the budget for the election and other election-related matters.
“He specifically said if ever there are indications that there is need to amend the constitution, the next parliament would be the one to deal with such reforms. And today, this parliament is doing something contrary to the King’s Speech FromThe Throne; they are disrespecting the King’s orders with this motion, which I cannot allow to happen.
“These are the very same people who disregarded the King’s orders when a Minister was dismissed recently (Communications, Science and Technology Minister, Selibe Mochoboroane). They disregard the King with impunity. They want to amend the constitution so that prorogation sections of the constitution can be eliminated, and I won’t allow that to happen.”
However, after the mace was brought back into the House, the Deputy Speaker announced Mr Phori would face disciplinary action for his conduct.
