| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
National Assembly |
| Related chamber (for bicameral parliaments) |
Senate
|
|
POLITICAL SYSTEM
|
| Type of political regime |
parliamentary |
| Notes |
Lesotho is a sovereign democratic Kingdom. Its political system is modelled on the Westminster system of Government that is shared by many Commonwealth countries. |
| Head of the executive |
Prime Minister |
| Notes |
The executive authority is vested in the King and exercised by him through officers or authorities of Government (Article 86 of the Constitution). There is a Prime Minister as well as such other offices of minister as may be established by Parliament or by the King, the latter acting on the advice of the Prime Minister. The King is the constitutional monarch and Head of State. He serves a largely ceremonial function, since he no longer possesses any executive authority and is proscribed from actively participating in political initiatives. |
| Method for appointing the executive |
The College of Chiefs may designate, in accordance with customary law, the person who is entitled to succeed to the office of King upon the death of the holder or the occurrence of any vacancy in that office. If there is no such person to become King, the College of Chiefs proceeds, with all practical speed and in accordance with customary law, to designate a person to succeed. The King appoints as Prime Minister the member of the national Assembly who appears to the Council of State to be the leader of the political party or coalition of political parties that will command the support of a majority of parliamentarians. The King also appoints, acting in accordance with the advice of the Prime Minister, the other ministers from among the members of the national Assembly or from among the senators. |
| Term of office of the executive and coincidence with the term of the legislature |
The Prime Minister is appointed for the term of the legislature. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Members of Government can be senators or members of the Assembly and take up office immediately upon their appointment as minister. |
| Dissolution of Parliament |
Yes |
|
|
|
The King may at any time prorogue or dissolve the parliament (Article 83 of the Constitution). |
|
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In the exercise of his powers, the King acts, in accordance with the advice of the Prime Minister and of the Council of State, provided that (i) if the Prime Minister recommends a dissolution and the King considers that Government can be carried on without a dissolution, and that a dissolution would not be in the interests of the state, he may refuse to dissolve the parliament; (ii) if the national Assembly passes a resolution of no confidence in the Government and the Prime Minister does not within three days thereafter either resign or advise a dissolution, the King may dissolve the parliament; and (iii) if the office of Prime Minister is vacant and the King considers that there is no prospect of his being able within a reasonable time to find a person that will command the support of a majority of the national Assembly, he may dissolve the parliament. Between 1990 and 2000, the parliament was only dissolved for the purpose of holding general elections. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The cabinet consists of the Prime Minister and the other ministers who advise the King in governmental matters (Article 88 of the Constitution). The cabinet is collectively responsible to both chambers for any advice given to the King by or under the general authority of the cabinet, and for all things done by or under the authority of any minister in the execution of his office. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
The government's accountability to the parliament is brought into play by oral and written questions addressed to ministers. |
- Government reports to Parliament
|
The government's accountability to the parliament is brought into play by reports from the Auditor General and the Ombudsman. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The King may, acting in accordance with the advice of the Council of State, remove the Prime Minister from office if at any time between the holding of a general election and the date on which the Assembly first meets thereafter, the King considers that, in consequence of changes in the membership of the Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the Assembly. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
The King may, acting in accordance with the advice of the Council of State, remove the Prime Minister from office |
|
|
The King may remove the Prime Minister if a resolution of no confidence in the Government is passed by the national Assembly and the Prime Minister does not within three days thereafter, either resign from his office or advise dissolution of the parliament. A resolution of no confidence in the Government may not be effective unless it proposes the name of a member of the national Assembly for the King to appoint in the place of the Prime Minister. |
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If the national Assembly passes a resolution of no confidence, the King may remove the Prime Minister from office or dissolve the parliament. Between 1990 and 2000, no motions of censure were tabled. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
While in office, the King or the person exercising the functions of the office of King as Regent is entitled to immunity from suit and legal process in any civil cause in respect of all things done by him in his private capacity and to immunity from criminal proceedings in respect of all things done by him either in his official capacity or in his private capacity (Article 50 of the Constitution). However, if in the opinion of the Prime Minister (i) the King declines to take and subscribe the oath set out in the Constitution; (ii) the King having taken and subscribed the said oath, thereafter fails or declines to abide by any of its terms; or (iii) the King is unable to perform the functions of his office due to infirmity of body or mind, he or she may report the facts thereof to the national Assembly and the Senate (Article 53 of the Constitution). |
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On receiving such a report, the national Assembly and the Senate each determine and declare by resolution whether the circumstances are such that the King should cease to hold such office and, where it is so declared that the person holding the office should cease to hold that office, that person vacate the office of King with effect from such date as may be specified in the resolution or, if no date is so specified, on the date on which the resolution is passed. |
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Where the resolutions of both chambers differ, the resolution of the national Assembly prevails. The Prime Minister causes to be published in the gazette every resolution made by the chambers and, if as a consequence of such a resolution the person holding the office of King has vacated, gives notice of that fact and of the date of his so vacating his office. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The cabinet is collectively responsible to both chambers for any advice given to the King by or under the general authority of the cabinet, and for all things done by or under the authority of any minister in the execution of his/her office. |
| Means and modalities of oversight |
|
|
The parliament exercises oversight over the actions of the administration by holding hearings in committees. |
- Committees of inquiry and missions to Government departments
|
The parliament exercises oversight over the actions of the administration through committees of inquiry. |
- Oral and written questions of parliamentarians
|
The parliament exercises oversight over the actions of the administration by putting written and oral questions to the government. The deadline for replies is usually six days. During parliamentary sittings, 30 minutes are set aside for questions. The time set aside is indefinite in the case of private notice questions. However, a question cannot be made a pretext for a debate. Members are free to make motions to this effect. |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable. Senior government officials are appointed by the Prime Minister after consultation with the public service commission. Ambassadors are appointed by the King on the advice of the Prime Minister. |
- Activity reports of the Government administration and of public services or establishments
|
The parliament exercises oversight over the actions of the administration through reports from the Auditor General and the Ombudsman. |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Ombudsman is appointed by the King, acting in accordance with the advice of the Prime Minister, for a term not exceeding four years (Article 134 of the Constitution). The Ombudsman may be removed from office only for inability to exercise his/her functions or for misbehaviour. |
- Relationship to Parliament
|
The Ombudsman may (i) investigate action taken by any officer or authority in the exercise of the administrative functions of that officer or authority in cases where it is alleged that a person has suffered injustice in consequence of that action; and (ii) perform such other duties and exercise such other powers as may be conferred on him by an Act of Parliament. The Ombudsman makes a written report of every investigation undertaken by him/her. He or she studies the facts of the case together with the recommendation from the investigator for remedial action. If he or she is satisfied with the report and the recommendation, he or she writes to the authorities of the ministry responsible and recommends remedial action. If the Ombudsman's recommendation is not implemented within a stipulated time, then he or she makes a special report to the parliament. Furthermore, the Ombudsman submits an annual report to the parliament. |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
The parliament is not consulted in the preparation of the budget. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The plenary session scrutinises the bill accompanying a national budget. |
- Reports on the budget / finance act by Committees
|
The public accounts committee makes a report to the national Assembly. |
| Fields overseen |
|
|
Not applicable |
- Budget of special departments
|
Not applicable |
- Role of Parliament in national development plans
|
Not applicable |
| Parliament's deadline for the examination and adoption of the budget / finance act |
Not applicable |
| Consequences of failure by Parliament to adopt the budget / finance act |
This could constitute a constitutional crisis, because there would be no money to carry out government operations. |
| Budgetary autonomy of Parliament |
Yes |
The parliamentary budget is dispensed by the administration department of the parliament. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
No |
Not applicable |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The power to appoint a person to hold or act in the office of Auditor General is vested in the King, acting on the advice of the Prime Minister (Article 142 of the Constitution). The staff of the Auditor General's office is appointed by the public service commission. |
- Reports of the public auditor's office
|
It is the duty of the Auditor General (i) to satisfy himself/herself that all moneys that have been appropriated by the parliament and disbursed have been applied to the purposes for which they were so appropriated and that the expenditure conforms to the authority that governs it; and (ii) at least once in every year to audit and report on the public accounts of the government, the accounts of all officers and authorities, the accounts of all courts, the accounts of every commission and the accounts of the Clerk to each chamber. The Auditor General and any officer authorised by him/her has access to all books, records, returns, reports and other documents that in his/her opinion relate to any of the accounts and to all cash, stamps, securities, stores and other property of whatever kind that he/she considers it necessary to inspect in connection with any of those accounts and in the possession of any officer or authority.
The Auditor General submits every report made by him/her to the minister temporarily responsible for finance who lays it before the chambers, not later than seven days after both chambers first meet after he/she has received the report,. The public accounts committee scrutinises such reports and makes recommendations. In exercise of his/her functions, the Auditor General may not be subject to the direction or control of any other person or authority.
|
|
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The government's accountability can be brought into play by the reports of the Auditor General, which are, however, not submitted at regular intervals. |
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OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not applicable |
- Plenary debates on foreign policy issues
|
Not applicable |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Parliamentarians may participate in intergovernmental meetings at the request of the government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The parliament does not take part in the ratification process of international treaties. |
- Other mechanisms for participation in foreign policy by Parliament
|
The parliament does not exercise oversight over foreign policy. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
Not applicable |
- Role of Parliament in sending troops abroad
|
Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
|
The parliament does not exercise oversight over defence policy. |
|
STATE OF EMERGENCY
|
| Circumstances |
In time of war or other public emergency which threatens the life of the nation, the Prime Minister may, acting in accordance with the advice of the Council of State, by proclamation which is published in the gazette, declare that a state of emergency exists (Article 23 of the Constitution). Every declaration of emergency lapses at the expiration of fourteen days, commencing with the day on which it was made, unless it has in the meantime been approved by a resolution of each chamber.
A declaration of emergency may be revoked at any time by the Prime Minister. A declaration of emergency that has been approved by a resolution of each chamber remains in force so long as the said resolutions remain in force and no longer. A resolution of either chamber passed remains in force for six months or such shorter period as may be specified therein, provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding six months from the date of the resolution effecting the extension.
Where the resolutions of the two chambers differ, the resolution of the national Assembly prevails. The King may summon the two chambers to meet for the purposes of this section notwithstanding that the parliament then stands dissolved, and the persons who were members of either chamber immediately before the dissolution are deemed still to be members of that chamber, but neither chamber may, when summoned by virtue of this subsection, transact any business other than debating and voting upon resolutions for the purposes of this section. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
The parliament must approve by resolution any declaration of emergency beyond fourteen days. During a state of emergency, however, the parliament may be dissolved. Moreover, at any time when war is declared, the term of the parliament may from time to time be extended beyond the period of five years for not more than 12 months at a time (Article 83 of the Constitution). |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
Several bodies |
Where any question as to the interpretation of this Constitution arises in any proceedings in any subordinate court or tribunal, and the court or tribunal is of the opinion that the question involves a substantial question of law, the court or tribunal may, if any party to the proceedings so requests, refer the question to the High Court (Article 128 of the Constitution). Where any question is referred to the High Court, this body gives its decision upon the question and the court or tribunal where the question arose initially disposes of the case in accordance with that decision or, if that decision is the subject of an appeal, in accordance with the decision of the Court of Appeal. |
|
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An appeal lies as of right to the Court of Appeal against decisions of the High Court in the case of (i) final decisions in any civil or criminal proceedings on questions as to the interpretation of the Constitution; and (ii) final decisions of the High Court in the determination of any question in respect of which a right of access to the High Court is guaranteed (Article 129 of the Constitution). The Court of Appeal has such other jurisdiction with regard to appeals as are determined by the parliament. The Court of Appeal is, when determining any matter other than an interlocutory matter, composed of an uneven number of Judges, not less than three. |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
