Requirement to hold a hearing in the last instance

Constitution of Lesotho 1993, Article 69

Decision of questions as to membership of Parliament

(1)The High Court shall have jurisdiction to hear and determine any questionwhether -

(a)any person is validly nominated or designated as a Senator under section 55 ofthis Constitution;

(b)any person has been validly elected as a member of the National Assembly; or

(c)the seat in Senate or the National Assembly of any member thereof has becomevacant.

(2)An application to the High Court for the determination of any question undersubsection (1)(a) may be made by any Senator or by any person who is registeredas an elector in elections to the National Assembly or by the Attorney-Generaland, if it is made by a person other than the Attorney-General, theAttorney-General may intervene and may then appear or be represented in theproceedings.

(3)An application to the High court for the determination of any question undersubsection (1)(b) may be made by any person qualified to vote in the electionto which the application relates or by the Attorney-General and, if it is madeby a person other than the Attorney-General, the Attorney-General may interveneand may then appear or be represented in the proceedings.

(4)An application to the High Court for the determination of any question undersubsection (1)(c) my be made by any member of the National Assembly or by anyperson registered as an elector in elections to the National Assembly or by theAttorney-General and, if it is made by a person other than theAttorney-General, the Attorney-General may intervene and may then appear or berepresented in the proceedings.

(5)Parliament may make provision with respect to -

(a)the circumstances and manner in which and the conditions upon which anyapplication may be made to the High Court for the determination of any questionunder this section; and

(b)the powers, practice and procedure of the High Court in relation to any suchapplication, but, subject to any provision in that behalf made by Parliamentunder this subsection, the practice and procedure of the High Court in relationto any such application shall be regulated by rules made by the Chief Justice.

(6)The determination by the High Court of any question under this section shallnot be subject to appeal.