Govt’s conflict of interest sparks court clash

Three opposition parties have lodged an urgent application in the Constitutional Court against government, citing the ruling coalition’s recent decision to block the passage of a Conflict-of-Interest Bill is in violation of the Constitution.

The applicants; Socialist Revolutionaries (SR) leader, Advocate Teboho Mojapela, Basotho Convenant Movement (BCM) and Popular Front for Democracy (PFD) also argue that the rejection represents a grave break of the opposers’ legal obligation as members of parliament.

The Speaker of the National Assembly, Tlohang Sekhamane, leader of the House of parliament, Nthomeng Majara, prime minister Sam Matekane, minister of law and justice, Richard Ramoeletsi, and the Attorney General, Rapelang Motsieloa, are cited as respondents.

In their application filed through their legal representative, Advocate Fusi Sehapi, dated 6 December 2024, the applicants argue that all the past 10 parliaments of Lesotho have for 30 years failed to comply with the provision of Section 59 (1) of the Lesotho Constitution, 1993 formulated in mandatory terms.

This after the majority of members of the 11^th parliament, from the coalition of ruling parties, voted against passing of the Conflict-of-Interest Bill, 2024 and resultant legislation mandatorily required by section 59 (1) (e) of the Constitution.

The section prohibits ministers, MPs and other spectrum of government officials as trustees of the public resources, from having certain prescribed interests in government tenders and public contracts.

It also mandates parliament (without fixing timeframe) to pass legislation regulating ‘conflict of interest’ by generally disqualifying top government officials, ministers and MPs from having influence, interest and or entering into public contracts with the government, subject to such expectations and limitations as may be prescribed by parliament.

The applicants further submit that the ruling parties have betrayed their political fair play, ethics, moral standards they must respect, oath of office and trusteeship duties imposed on them by section 59 of the Constitution by refusing to vote in favour of Conflict-of-Interest Bill, 2024.

They say the government has also abused a democratic process by arbitrarily and unreasonably voting against a question they have direct pecuniary interest on in violation of section 75 (3) read with 3 (3), 59 (1) (e) and 70 of the Lesotho Constitution, 1993.

“The government ministers and all MPs who voted against the passing of Conflict-of-Interest, Bill 2024 vicariously and/or acting in common purpose, reasoned proudly, inter alia that giants of this country who were once in the private sector have now crossed into public offices.

“That the giants have preferential and superior right to continue practising their profession and/or freedom of trade, and shall continue to trade with the Government contrary section 59 of the Constitution read with Article 1 of the Universal Declaration of Human Rights which provides that all human beings are born free and equal in dignity and rights and that they must act to one another in a spirit of brotherhood.

“As a general principle of democracy, majority rules. But there are equitable exceptions. The minority rules in exceptional circumstances, like in casu, where the MPs voted against the position mandatorily dictated by the Constitution in section 59 (1) (e),” the applicants contend.

They also cite that the majority of MPs have unreasonably voted against their very oath of office and the actual and/or implied will of the people. Instead, they voted on and against a question they have pecuniary interest on in terms of section 59 read with section 75 (3) of the Constitution.

The applicants further argue the ruling coalition legislators’ voting defied their ethical and moral obligations or convictions which they must respect (boni mores).

In terms of section 59 aforesaid, a person is automatically disqualified ab initio from standing elections and becoming an MP, if at the time of general elections, he is in public contract with the government of Lesotho.

A person who arbitrarily continues and/or starts contracting with the government after becoming a government official, member of the executive or of parliament is automatically disqualified from being a prime minister, minister, MP and/or government official under section 59 of the Constitution

The applicants also argue that current government ministers and MPs, as trustees of the public resources, were in public contracts with the state upon standing for general elections in October 2022 and they are continuing to contract with themselves doubling as private sector and public officials.

Public coffers are facing possible dry up since the government officials have ‘untrammelled’ access to public financial resources for their own benefit, to the prejudice of their oath of office and the voters’ mandate, they say.

According to the applicants, parliament ought to have unanimously voted in favour of the motion on the Bill as it accords with the compulsory letter and spirit of section 59 (1) (e) read with 75 (3) of the Constitution.

Failure thereto, renders members of the 11th Parliament equally with their predecessors as violators of the Constitution if not “the Constitutional delinquents”.

The Constitution of Lesotho is the grundnorm and its violation naturally calls for Court’s urgent intervention with appropriate relief, they further argue.