Mohloai Mpesi
MEMBERS of Parliament have expressed strong opposition to a proposed legal amendment that seeks to raise the retirement age for police officers from 55 to 60 years.
Some say the proposed Lesotho Mounted Police Service (Administration) (Amendment) Regulation 2025, which seeks to effect the change, will scupper upward mobility for young people while others say the government needs to fully explain why it believes the change is necessary.
The proposed amendment was gazetted last Friday by the Minister of Local Government, Chieftainship, Home Affairs and Police, Lebona Lephema. It is yet to be tabled before Parliament.
The regulation proposes that a police officer may be retired by the Commissioner at the age of 60.
“The Lesotho Mounted Police Service (Administration) Regulations, 2003 (hereafter referred to as the ‘Principal Regulation’) are amended in Regulation 11 by deleting the words ‘55 years’ and substituting them with ‘60 years’ in sub-regulation (1),” it reads.
“The Commissioner may, having regard to the conditions of the Police Service and after consultation with the Police Authority, retire a member of the police service before or after the member attains the age of 60 years.”
Additionally, the Commissioner of Police would be empowered to retain the services of retired officers on a contractual basis.
“Where the Commissioner of Police is of the opinion that it is in the best interest of the Police Service to retain a police officer beyond the retirement age, he may retain such a police officer after consultation with the Police Authority, for a period not exceeding five years.
“The Commissioner may … engage the services of any person including a retired police officer, on a contractual basis, if the Commissioner considers that it is in the best interest of the Police Service to do so.”
It also provides for police officers who have served for more than 20 years continuously to retire at the age of 40. However, it bars officers facing disciplinary actions from resigning.
Mr Lephema also seeks to revamp the police ranks, with the new rank of the head of the police service to be called an Inspector General of Police, replacing the current name of Commissioner of Police. The Inspector General will be deputized by a Deputy Inspector General with the third ranking officers being called Commissioners. The new lowest rank of a Police Assistant will also be introduced.
However, the proposed amendments have not been well received by some MPs.
Basotho National Party (BNP) MP, Machesetsa Mofomobe, slammed the proposal as “elitist and counterproductive”.
“There is no hope for this country. We were about to bring into the House a private member’s bill to reduce the retirement age of civil servants from 60 to 55 in an effort to create space for the youth. Unfortunately, the current regime serves the interests of pensioners.
It would be cowardice to pass this regulation. It is diabolical and serves the interests of a few,” Mr Mofomobe said.
Revolution for Prosperity (RFP) MP for Matala constituency, Tšeliso Moroke, also questioned the logic behind the proposal.
“I think it might be premature to comment before we hear from the minister or the ministry about the rationale behind this amendment.
As things stand, the police force is functioning well. There haven’t been any complaints suggesting that the current retirement age of 55 is problematic.”
“We need to hear their argument. If there’s nothing wrong, then I don’t see the need to tamper with something that is still working. We must avoid unnecessarily complicating functioning systems,” Dr Moroke said.
Chairperson of Chairs in the National Assembly, Mokhothu Makhalanyane, who is also the RFP legislator for Mokhethoaneng, suggested that any changes in the security sector be aligned with the Tenth Amendment to the Constitution, which is currently under Senate review.
The Tenth Amendment Bill was passed to the upper house in October last year and is expected to return to the National Assembly in May.
According to Mr Makhalanyane, all security agencies should submit their proposed amendments collectively under the 10th Amendment (also called the Omnibus Bill) instead of making isolated submissions.
He cited the recent submission of the controversial Lesotho Defence Force (Amendment) Bill, 2025, which seeks to raise the retirement age for the army commander and senior officers from 55 to 62.
He added that the Lesotho Correctional Service (LCS) and Lesotho National Security Service (NSS) were also expected to bring their proposed amendments.
“There is a Tenth Amendment that includes the security sector. We need to do one collective exercise that addresses all the security agencies under that law. It’s not proper for agencies to come one by one. Now we’ll have to expect NSS and LCS to follow, when we could be doing this as one consolidated process.”
He referenced last week’s rejection of the LDF Bill in Parliament, reiterating the need for a unified approach.
“We need a clear national discussion on how to address these issues collectively. Studies must be conducted, and we must compare our policies with treaties and protocols we’ve signed.”
“We need to consult international conventions and protocols such as those from the United Nations and the African Union, especially those relating to social protection and social security. Section 23 of the LDF Act already outlines retirement age provisions, so we must benchmark these across Africa to ensure fairness and avoid discrimination.”
Mr Makhalanyane stressed the importance of being objective and evidence-based.
“We have already passed the Tenth Amendment in the National Assembly. We should not bypass it with separate regulations. There will also be a National Security Council, and security agencies should present a unified package covering all four institutions. That would be a wise approach.
“We know the Senate is currently reviewing the Tenth Amendment. Why not wait until May when the law returns to the National Assembly to see where the amendments fit in?”
He said only after the Tenth Amendment would been enacted would it be appropriate to craft related regulations.
“Once the law receives royal assent, it takes effect immediately, and regulations can then follow. Right now, I don’t have access to any studies conducted by the Defence Force, SADC, AU, Police, NSS, or LCS. If I had those, I could engage with confidence. Without them, it’s hard to proceed responsibly.
“That’s why I say, let’s not rush into passing these changes before we complete the Tenth Amendment and define how our security institutions should be governed,” Mr Makhalanyane said.
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