LEADER of Basotho Patriotic Party (BPP), Tefo Mapesela says the Speaker of Parliament, Sephiri Motanyane is violating the rights of members of the House by refusing to allow them to vote in secrete in a bid to unseat Prime Minister, Dr Moeketsi Majoro.
elections
Sept. 17, 2021
STAFF REPORTER
4 min read
Mapesela wants court intervention
Leader of Basotho Patriotic Party (BPP), Tefo Mapesela
Story highlights
Mr Mapesela, a Mokhotlong legislator has filed an application in the Constitution Court seeking its intervention on the matter.
He is supported by Alliance of Democrats (AD)’s backbencher, Kose Makoa, who is also the chairperson of the party’s parliamentary caucus.
This, after the two on August 25 filed a motion of no confidence against Dr Majoro’s led-coalition government before filing another motion last week for a secret ballot.
The latest motion was shot down, with Mr Motanyane showing that it will be on open vote on grounds that MPs and the Prime Minister are public functionaries therefore everything must be done in public.
In their papers before the Constitutional Court, the applicants argue that Mr Motanyane’s decision prevents the MPs from exercising their free will and conscience.
This, they further contend is because of threats being made by some political parties against legislators who support the motion.
The applicants also want the court to among others declare that section 75 (1) of the Constitution of Lesotho permits a motion of no confidence in the Government to be decided by a secret ballot under special circumstances.
They therefore asked the court to issue an order declaring the Speaker’s decision to vote openly as unconstitutional, null and void.
They state that ordinarily, the House and the Speaker should be free to regulate and determine the motion, but in exceptional circumstances, the court would interfere to prevent the violation of the Constitution and rule of law.
They allege that the constitutional values are being violated and threatened by the Speaker’s decision.
They further argue that under the leadership of Dr Majoro, the Government is non-responsive to the needs of the nation, adding that it has failed its accountability obligations and made decisions that violate the Constitution.
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After receiving the motion, Mr Motanyane showed it met all the legal requirements, adding that if it succeeds it will remove the entire Government and Cabinet in order to pave way for a new government that would be led by the leader of opposition and former Deputy Prime Minister, Dr Monyane Moleleki.
Mr Mapesela, a former Minister of Agriculture and Food Security filed the motion after he was kicked out of Cabinet.
The former All Basotho Convention (ABC) member wants leader of AD, Dr Moleleki to replace Dr Majoro.
The infighting within the ruling ABC resulted in the main partner in the coalition government losing numbers over the past months, weakening its strength in Parliament.
When former ABC deputy leader, Professor Nqosa Mahao ditched the party earlier in April to form his own Basotho Action Party (BAP), he left with nine other members.
Asked to comment on the motion, ABC deputy chairperson, Chalane Phori was not sure whether or not he would vote against the motion, expressing his great affection for Dr Moleleki.
A certain section of the public is also discontent with local politicians, describing them as greedy individuals who are both selfish and hungry for power. LeNA