THE National Peace and Unity Commission Bill of 2021 has stirred a lot of convulsion among civil society organisations and political parties, especially the newly formed Basotho Action Party (BAP), whose leader Professor Nqosa Mahao is a direct victim of political upheavals in the country.

Prof Mahao is the older brother of the late commander of the Lesotho Defence Force (LDF), Lieutenant General Maaparankoe Mahao who was allegedly assassinated by fellow soldiers on the night of June 25, 2015.

The slain army chief was on his way from his home village Mokema on the outskirts of Maseru, when armed soldiers pounced on him.

Prof Mahao has always fought tooth and nail to get justice for his younger brother and his party now argues that the establishment of the commission patronises the families of all the victims of the political murders.

In a statement released on Wednesday, the party says it is shocked by the way the government and the accused in all the murder cases of political crimes work hard to form the commission.

The party says both the government and the accused want to use the commission as a platform where they can launder their criminal acts while ordinary citizens have to shoulder the responsibility of their crimes.
It says is it clear that political leaders who face law suits do not want to let justice take its course but want to establish the commission that will serve their personal interests by letting them walk free, “not taking into consideration the victims and families of those brutally murdered”.
It says the commission is only intended to glorify the crimes, adding it is both unconstitutional and a bad precedence of selective justice.
BAP suspects that the bill was never certified by the Attorney General like it is supposed to be.

It says the Attorney General should know that Section two of the Constitution of Lesotho states that any law that contradicts the Constitution is null and void, adding that the bill contradicts Section 19 of the Constitution which talks about the right to equality before the law and equal protection of the law.
“The National Peace and Unity Bill also negates section 18 of the Constitution of Lesotho which says ‘no law shall make a provision that is discriminatory either of itself or its effect’, and this is only apprehending the powers that the Director of Public Prosecutions (DPP) office is vested with by the same Constitution. Section 99 is clear that no one has powers to sue or withdraw a criminal case except the DPP,” the party also says.

The bill was tabled before parliament last week, by Minister Lekhetho Rakuoane.