THE decision by Ombudsman Advocate Tlotliso Polaki to launch a formal investigation into the Ministry of Local Government, Chieftainship, Home Affairs and Police into the chronic failure to issue passports and identity documents on time is a welcome and necessary step.
This probe is not merely about administrative inefficiency; it delves into systemic failures that impact fundamental human rights and potentially foster corruption within state institutions.
As Advocate Polaki rightly points out, the investigation aims to uncover the “structural, systemic and procedural bottlenecks” and “issues of non-compliance with applicable laws, regulations and policies that amount to maladministration.”
Persistent delays in the issuing of essential documents like passports and national IDs have long plagued Lesotho’s citizens, with complaints ranging from simple processing delays and missing documents to the deeply concerning allegations of issuing service and diplomatic passports to undeserving individuals and failures in processing special permits.
Furthermore, disturbing issues bordering on bribery and a complete lack of communication with applicants highlight the potential for malpractice and a severe deficit in public service delivery.
The Ombudsman attributes these “debacles” to institutional weaknesses, unethical conduct by some personnel, ineffective oversight, and systemic governance deficits.
This assessment aligns with the lived experiences of many Basotho, who face significant hardship due to the inability to obtain or renew crucial identification and travel documents.
The impact of these delays extends far beyond inconvenience.
For a country like Lesotho, where movement to and from South Africa is essential for work, education, healthcare, and trade, a passport is not a luxury but a necessity.
The inability to access these documents restricts freedom of movement, a right guaranteed by the Constitution of Lesotho and the Universal Declaration of Human Rights.
The state’s failure to provide citizens with legal identity documents within reasonable timelines is a direct infringement on these fundamental entitlements, leaving individuals in precarious legal and socio-economic dilemmas.
Moreover, the environment created by these prolonged delays and perceived shortages is fertile ground for corruption.
Desperate citizens, facing bureaucratic hurdles and a lack of transparency, become vulnerable to demands for bribes or favours to expedite their applications.
This not only erodes public trust but also undermines the integrity of the very systems designed to serve the public. High demand, coupled with systemic weaknesses, also raises concerns about the potential for fraudulent acquisition of documents.
The urgency of the Ombudsman’s investigation is underscored by the history of the problem and the apparent contradictions in official statements.
Last year, Prime Minister Sam Matekane acknowledged the crisis, attributing delays partly to the termination of the contract with controversial Israeli company Nikuv International Projects and issues with a new contractor.
While steps were reportedly taken, including a large number of IDs said to be ready for collection, the situation, according to recent accounts, has only worsened.
Public frustration boiled over in March this year when the Hands-Off Basotho Movement, a group of migrants in South Africa, demanded the dismissal of the Minister of Local Government, Chieftainship, Home Affairs and Police, Lebona Lephema, accusing him of incompetence and dishonesty, specifically citing repeated failures to deliver on promises regarding document issuance.
Adding to the pressure group, the Senate’s Government Assurances Committee (GAC) publicly accused the Minister of misleading the nation. Following the Minister’s August 2024 assurances that the crisis was resolved, a visit by the GAC to the Home Affairs department in September 2024 revealed a starkly different reality, with the Department of Home Affairs’ Deputy Director, Mochesela Ntiisa, confirming the situation remained dire.
The GAC’s conclusion that Basotho were being “systematically denied access to essential identity and travel documents” highlights not just the severity of the crisis but also reinforces perceptions this could potentially be deliberate.
Given this context of persistent failure, conflicting reports, and significant public impact, the Ombudsman’s systemic investigation is timely and critical. It provides a mechanism to move beyond finger-pointing and anecdotal evidence to identifying the root causes of the dysfunction through evidence-based findings.
Adv Polaki’s hope that the investigation will promote institutional accountability, responsiveness, and transparency, is precisely what is needed.
While acknowledging that systemic investigations are inherently long-term processes, the Ombudsman’s call for cooperation from all Basotho is vital.
The success of this probe lies in its ability to thoroughly diagnose the problems and provide pragmatic recommendations for reform. The office’s commitment to pursuing the implementation of these recommendations in accordance with the Ombudsman Act No. 9 of 1996 is crucial.
Addressing the passport and ID crisis is paramount for upholding human rights, restoring public confidence, and curbing the potential for corruption within Lesotho’s document issuance system.
The Ombudsman’s investigation represents a crucial step towards achieving these vital goals and ensuring that the state effectively fulfills its most basic obligation to its citizens: providing legal identity and the means to exercise fundamental civic liberties, such as freedom of movement.
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