LESOTHO
1993-1999
In our previous publication of January 1993, the late
Robert J. Kukubo analyzed the complex political
situation
in
Lesotho.
Since
that
time,
several
significant developments have taken place which are
briefly noted here.
The Lesotho Constitution (Commencement) Order
published on March 16, 1993 as Order No. 5 of
new Constitution of Lesotho came into effect
2, 1993. It consists of 15 Chapters and 166
It is followed by three schedules.
1993 was
1993. The
on April
Sections.
The Constitution did not call for drastic changes in
the existing power structure. It provided that “the
person holding the office of King” shall continue in
office under the Office of King Order of 1990.
Likewise, the Prime Minister Designate “appointed in
accordance with Section 4 of the Lesotho Constitution
(Commencement)
Order
1993
shall,
notwithstanding
Section 87(2), be deemed to have been appointed Prime
Minister under Section 87 of this Constitution, and
shall take and subscribe the oath provided for by
Section 94.” With respect to existing laws as stated in
Chapter XV, “they shall be construed with such
modifications,
adaptations,
qualifications
and
exceptions as may be necessary to bring them into
conformity with this Constitution.” But this seems to
apply
only
to
existing
legislation
rather
than
customary law. Thus, the status of women which is based
largely on customary law is not likely to change
rapidly.
Section 87(2) provides that, “the King shall appoint as
Prime Minister the member of the National Assembly who
appears to the Council of State to be the leader of the