Lesotho - September 2022

On 12 September, Lesotho’s Constitutional Court struck down a long-awaited package of constitutional reforms that had been passed less than two weeks earlier to pave the way for next month’s general election. The passage of the reforms, which were intended to tackle the country’s notorious political instability, had come after the dissolution of parliament for the election, and had been made possible only by Prime Minister Moeketsi Majoro declaring a State of Emergency that allowed him to recall parliament. The Court, however, judged the declaration to be unconstitutional, finding that the circumstances did not amount to a state of emergency. The ruling was then confirmed by the Court of Appeal on 19 September and so the country will now hold the election under an unreformed framework. This may risk further instability. However, the Southern African Litigation Centre, a human rights organization, welcomed the ruling’s reinforcement of the rule of law.

Sources: Constitutional Court of Lesotho, Southern African Litigation Centre, The Conversation, Africa Confidential