shall be Regent, that is to say, who shall exercise the
functions of the office of King in any of the following
circumstances—
(a) when the holder of that office has not attained the
age of twenty-one years; or
(b) when the holder of that office (and any person who
has been designated as having a prior right to be
Regent) is unable by reason of absence from Lesotho or
by reason of infirmity of body or mind to exercise the
functions of that office; or
(c) when, in the circumstances specified in section
45(2) of this Constitution, the College of Chiefs has
not yet made a designation in pursuance of that
subsection,
and if, in any of those circumstances, there is a
person who has previously been designated in pursuance
of this subsection and who is capable under the
customary law of Lesotho of becoming Regent, that
person (or, if there is more than one such person, that
one of them who has been designated as having the first
right to be Regent) shall become Regent.
(2) If, in any of the circumstances specified in
subsection (1)(a), (b) or (c), there is no person who
becomes Regent under that subsection, the College of
Chiefs
shall,
with
all
practical
speed
and
in
accordance with the customary law of Lesotho, proceed
to designate a person to be Regent and the person so
designated shall thereupon become Regent.
(3) If the College of Chiefs fails within a reasonable
time to discharge the duty imposed on it by subsection
(2), the High Court may, upon the application of any
person, itself designate a person to be Regent in