Mohloai Mpesi
THE upper house of Parliament, the Senate, has been accused of stalling the completion of the long delayed national reforms process.
This is because it has failed to approve the proposed 10th and 11th Amendment to the Constitution Bills until they incorporate proposals from Senators.
The Senate is said to be refusing to approve these Bills because they want them to include, among other things, a provision creating a new position of Paramount Chief and to expand the Senate itself.
Furthermore, the Senate President, Mamonaheng Mokitimi, has instructed the Minister of Law and Justice, Richard Ramoeletsi, to withdraw the 11th Amendment Bill. She cited the misplacement of clauses between the 10th and 11th Amendments as the reason, arguing that some provisions meant for one were mistakenly inserted into the other.
The 10th Amendment was referred to the Senate in October 2024, but seven months later, it has not been returned to the National Assembly.
The 10th Amendment focuses on specific provisions of the Constitution concerning the National Assembly, its powers, and the electoral process. It seeks to refine and strengthen governance by promoting efficiency and accountability.
Meanwhile, the 11th Amendment aims to address broader political issues, including instability, peace, floor crossing, and motions of no confidence. Together, the amendments are intended to create a more stable political environment, paving the way for Lesotho’s economic and social development.
The 10th Amendment contains clauses requiring a simple majority (61 votes) for passage, while the 11th Amendment requires a two-thirds majority (80+ votes) in the 120-member chamber.
The 11th Amendment was first tabled in the National Assembly on 29 July 2024.
Ms Mokitimi wrote to Mr Ramoeletsi on 22 May 2025, instructing him to withdraw the 11th Amendment to the Constitution in order to include the submissions that she said the Senate had made.
The letter, titled Withdrawal of 11th Amendments to the Constitution Bill, 2024 before the National Assembly, does not specify which submissions were made.
“Hon Minister, as you are aware of the negotiations going on between the Senate and the National Assembly together with the Government, Senate feels that in order to support the 10th Amendment, they need Government assurance that the submissions will be included and supported in the 11th Amendment.
“It has, however, come to the Senate’s realisation that the 11th Amendment was tabled before the National Assembly and has already been dealt with by the relevant committee. This we think necessitates official withdrawal to accommodate the agreement made by the Senate and Government,” Ms Mokitimi said in her letter.
In response, Mr Ramoeletsi agreed to withdraw the 11th Amendment, which was supposed to be tabled for adoption by the Law and Public Safety Cluster on Tuesday.
Mr Ramoeletsi said he recognised the significance of the withdrawal.
“Kindly be informed that I acknowledge the withdrawal of the 11th Amendment to the Constitution Bill, 2024, before the National Assembly.
“We recognise the significance of this decision and appreciate the deliberations that have led to this outcome, and I hope to receive the proposed amendment in due course to incorporate into the 11th Amendment,” Mr Ramoeletsi said in the letter.
Mr Ramoeletsi further told the National Assembly on Tuesday that it was appropriate to withdraw the Bill in order to prepare it thoroughly.
“We are withdrawing this report. The reason is because the report came on 29 July 2024, and it seems that the 10th Amendment interfered with it. There were amendments that were removed from the 10th Amendment and transferred to the 11th Amendment, and vice versa.
“Therefore, we have to go back and bring a full report on the 11th Amendment.
“I ask this House to withdraw the 11th Amendment to the Constitution,” Mr Ramoeletsi told Parliament.
However, the outspoken Basotho National Party (BNP) leader, Machesetsa Mofomobe, bluntly responded, saying it was clear the Senate had threatened Mr Ramoeletsi.
He claimed that the Senate wants the inclusion of the Paramount Chief in the 11th Amendment, along with the expansion of the Senate and increased powers for councillors.
“It is a known fact that some clauses were removed from the 11th Amendment and placed in the 10th Amendment, but it is unfortunate that the Minister withdrew the Bill without mentioning that there are people threatening him.
“It is now six months since the 10th Amendment went to the Senate. That Bill has been held hostage.
“It is there because the Minister is being threatened that if he does not comply, the Bill will not return. The Senate has held the Bill hostage. The Senate wants the Paramount Chief position in order to expand the Senate. They want us to give them power to make laws. And until then, they will not bring back the Bill,” Mr Mofomobe said.
He condemned the Senate’s approach and conduct in the matter, accusing them of trying to bully Members of the National Assembly into submission.
“There is no problem with the 11th Amendment being withdrawn in order to reshape it. But should it be done just because people are being threatened, that if the National Assembly does not comply, the Senate will not return the Bill?
“Is it because other people’s blood is better than others’? It is not supposed to be like that. Things should not be conducted that way.
“That letter written to the Minister was not diplomatic at all. I am not happy with the approach the Senate took to this issue. Withdrawing the 11th Amendment to the Constitution does not guarantee that this House will accept the submissions they made. Even if they threaten the National Assembly.”
“For the Senate to believe that they can threaten us just because they are Chiefs, it will not happen. We cannot be threatened just because we are perceived as inferior.
“We have held many caucuses with the Chiefs, and we have rejected many of their proposals, including the expansion of the Senate.
“We have the letter that the Minister wrote, and he simply replied that it will happen. Maybe he was annoyed, but the tone used by the Senate is threatening. They want things done according to their wishes,” Mr Mofomobe said.
In an interview with the Lesotho Times yesterday after the withdrawal, Mr Ramoeletsi stated categorically that he had never been threatened by anyone.
“I have never been threatened by anyone to withdraw the Bill.
“The withdrawal of the 11th Amendment did not happen under any kind of influence. If you can recall, we extracted some sections from the 11th Amendment and incorporated them into the 10th Amendment. We did the same vice versa.
“The Senate wants us to add some of the issues they want in the 10th Amendment, but lawfully that could not happen. Those issues are now present in the 10th, 11th, and 12th Amendments. We need to start afresh and re-draft the 11th Amendment to include all the necessary changes,” Mr Ramoeletsi said.
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