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Institute of Commonwealth Studies

Lesotho Constitution, 1992


IDENTITY STATEMENT

Reference code(s): GB 0101 ICS 129

Held at: Institute of Commonwealth Studies

Title: Lesotho Constitution, 1992

Date(s): 1992

Level of description: Collection (fonds)

Extent: 1 file (14pp)

Name of creator(s): Qhobela | Maselebalo L G | fl 1992

CONTEXT

Administrative/Biographical history:

On October 4, 1966, the Kingdom of Lesotho attained full independence, governed by a constitutional monarchy with a bicameral parliament consisting of a Senate and an elected National Assembly. Early results of the first post-independence elections in January 1970 indicated that the Basotho National Party (BNP) might lose control. Under the leadership of Prime Minister Chief Leabua Jonathan, the ruling BNP refused to cede power to the rival Basotholand Congress Party (BCP), although the BCP was widely believed to have won thee elections. Citing election irregularities, Prime Minister Leabua Jonathan nullified the elections, declared a national state of emergency, suspended the constitution, and dissolved the Parliament. In 1973, an appointed Interim National Assembly was established. With an overwhelming pro-government majority, it was largely the instrument of the BNP, led by Prime Minister Jonathan. In addition to the Jonathan regime's alienation of Basotho powerbrokers and the local population, South Africa had virtually closed the country's land borders because of Lesotho support of cross-border operations of the African National Congress (ANC). Moreover, South Africa publicly threatened to pursue more direct action against Lesotho if the Jonathan government did not root out the ANC presence in the country. This internal and external opposition to the government combined to produce violence and internal disorder in Lesotho that eventually led to a military takeover in 1986.
Under a January 1986 Military Council decree, state executive and legislative powers were transferred to the King who was to act on the advice of the Military Council, a self-appointed group of leaders of the Royal Lesotho Defense Force (RLDF). A military government chaired by Justin Lekhanya ruled Lesotho in coordination with King Moshoeshoe II and a civilian cabinet appointed by the King.
In February 1990, King Moshoeshoe II was stripped of his executive and legislative powers and exiled by Lekhanya, and the Council of Ministers was purged. Lekhanya accused those involved of undermining discipline within the armed forces, subverting existing authority, and causing an impasse on foreign policy that had been damaging to Lesotho's image abroad. Lekhanya announced the establishment of the National Constituent Assembly to formulate a new constitution for Lesotho with the aim of returning the country to democratic, civilian rule by June 1992. Before this transition, however, Lekhanya was ousted in 1991 by a mutiny of junior army officers that left Phisoane Ramaema as Chairman of the Military Council.
Because Moshoeshoe II initially refused to return to Lesotho under the new rules of the government in which the King was endowed only with ceremonial powers, Moshoeshoe's son was installed as King Letsie III. In 1992, Moshoeshoe II returned to Lesotho as a regular citizen until 1995 when King Letsie abdicated the throne in favor of his father. After Moshoeshoe II died in a car accident in 1996, King Letsie III ascended to the throne again.
In 1993, a new constitution was implemented leaving the King without any executive authority and proscribing him from engaging in political affairs. Multiparty elections were then held in which the BCP ascended to power with a landslide victory. Prime Minister Ntsu Mokhehle headed the new BCP government that had gained every seat in the 65-member National Assembly. In early 1994, political instability increased as first the army, followed by the police and prisons services, engaged in mutinies. In August 1994, King Letsie III, in collaboration with some members of the military, staged a coup, suspended Parliament, and appointed a ruling council. As a result of domestic and international pressures, however, the constitutionally elected government was restored within a month.

CONTENT

Scope and content/abstract:

Letters from Mrs Maselebalo L G Qhobela, Butha-Buthe, Lesotho, to Baroness Chalker of Wallasey, Minister of State UK Foreign and Commonwealth Office, urging the immediate restoration of King Moshoeshoe II of Lesotho, before the country's forthcoming elections.

ACCESS AND USE

Language/scripts of material: English

System of arrangement:

Chronological

Conditions governing access:

Open although advance notice should be given. Access to individual items may be restricted under the Data Protection Act or the Freedom of Information Act.

Conditions governing reproduction:

A photocopying service is available, at the discretion of the ICS Library staff. Copies are supplied solely for research or private study. Requests to publsuh, or to quote from original material should be submitted to the Information Resources Manager.

Physical characteristics:

Finding aids:

None

Detailed catalogue

ARCHIVAL INFORMATION

Appraisal, destruction and scheduling information:

Accruals:

Archival history:

Immediate source of acquisition:

The source of acquisition by ICS is not known

ALLIED MATERIALS

Existence and location of originals:

Presumed to be held in Foreign and Commonwealth Office files.

Existence and location of copies:

Related material:

ICS holds correspondence and papers of Bernard Leeman on planned coup against the Prime Minister of Lesotho, Chief Leabua Jonathan, 1970 (ICS 46).

Publication note:

DESCRIPTION NOTES

Note:

Archivist's note: Compiled by Alan Kucia as part of the RSLP AIM25 Project.

Rules or conventions: General International Standard Archival Description ISAD(G), 2nd edition, 2000. National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.

Date(s) of descriptions: Oct 2001


INDEX ENTRIES
Subjects
Constitutions | Constitutional law | Public law
Elections | Electoral systems | Internal politics
Monarchy | Political systems
Public administration | Government

Personal names
Chalker | Lynda | b 1942 | Baroness Chalker of Wallasey | politician
Moshoeshoe II | 1938-1996 | King of Lesotho
Qhobela | Maselebalo L G | fl 1992

Corporate names
Foreign and Commonwealth Office

Places
Lesotho | Southern Africa