Requirements for a referendum to pass

Lesotho

Lesotho

Answer
Mandatory referendum - simple majority
Source

Possiblescenarios:

-         A bill to amend the constitution thatchanges provisions mentioned in 85.3.a or 85.3.b passes both Houses ofParliament with a simple majority. A referendum takes place, and the amendmentis presented to the King for his assent if a simple majority of voters approve.

-         A bill to amend the constitution that does not alter any provisions in 85.3.a passesboth Houses of Parliament with at least two-thirds support in each house. Noreferendum takes place, and the amendment is presented to the King for hisassent.

 

Article 85 of the Constitution was amended in1997. 

Constitution ofLesotho

(Adopted1993; last amended 2004)

http://www.gov.ls/documents/Lesotho_Constitution.pdf

 

Article 85.Alteration of Constitution

 

(1)Subject to the provisions of this section, Parliament may alter thisConstitution.

 

(2) A bill for an Act of Parliamentunder this section shall not be passed by Parliament unless it is supported atthe final voting in the National Assembly by the votes of the majority of allthe members of the Assembly and, having been sent to the Senate, has become abill that, apart from this section, may be presented to the King for his assentunder subsection 80(1) or (3) as the case may be, of this Constitution.

 

(3) Abill to alter any of the following provisions of this Constitution, that is tosay ?

 

(a)   this section, sections 1(1) and 2, Chapter II except sections 18(4) and24(3), sections 44 to 48 inclusive, 50(1) to (3), 52, 86, 91 (1) to (4), 92,95, 103, 104, 107, 108, 118(1) and (2), 119(1) to (3), 120(1), (2), (4), and(5), 121, 123(1), (3), (4), 125, 128, 129, 132, 133 and sections 154 and 155 intheir application to any of the provisions mentioned in this paragraph; and

(b)  sections 37, 38, 54 to 60 inclusive; sections 66, 66A, 66B, 66C and 66D,67, 68, 69(1) and (6), 70, 74, 75(1), 78(1), (2), (3) and (4), 80(1), (2), and(3), 82(1), 83 and 84; sections 134 to 142 inclusive, 150 and 151 and sections154 and 155 in their application to any of the provisions mentioned in thisparagraph,

 

shall not be submitted to theKing for his assent unless the bill, not less than two nor more than six monthsafter its passage by Parliament, has, in such manner as may be prescribed by orunder an Act of Parliament, been submitted to the vote of the electors qualified to vote in the electionof the members of the National Assembly, and the majority of the electorsvoting have approved the bill:

 

Provided that if the bill does not alter any of the provisions mentioned inparagraph (a) and is supported at the final voting in each House of Parliamentby the votes of no less than two-thirds of all the members of that House itshall not be necessary to submit the bill to the vote of the electors.

Second amendment to the Constitution
http://aceproject.org/ero-en/regions/africa/LS/Second%20Amendment%20to%20the%20Constitution%20Act%201997.pdf.
Close tooltip