This is so because the number of seats for AD has dropped from 13 to 11 following the departure of two MPs, including Mokherane Tsatsanyane of Stadium Area and Tele’s Mothepu Mahapa.
Both the AD and the Lesotho Congress for Democracy (LCD) have equal number of seats.
Professor Motlamelle Kappa of the National University of Lesotho (NUL) says when analyzing politics, the only thing to look at are principles.
He says an MP becomes the official leader of opposition when his party has majority of seats in Parliament.
Hence, he notes it is not clear who between AD’s Monyane Moleleki and Mothetjoa Metsing of LCD will became the leader of opposition as they share equal number of seats in the House.
“Let’s wait and see what the Speaker of Parliament has to say about this,” Prof Kappa suggests.
The principle here, he notes is different from the case of the constituency where if there is a gap, as the Constitution stipulates that by-elections should be held.
He added however, that the people who are on the ground should know better.
For his part, Prof Hoolo ’Nyane, a Constitutional Law expert from the University of Limpopo in South Africa, says there is no direct precedent in Lesotho for a situation where two second largest parties in Parliament were equal in numerical strength.
“But if such parties have equal number of seats in Parliament, the status quo should remain the same,” he says.
Prof ’Nyane says in order for the LCD to lay a successful claim to the position, it will have to demonstrate that either on its own or in coalition with other parties, it has surpassed AD with numerical strength.
“It is the first time that we have this scenario in Lesotho's parliamentary practice, where two political parties with second numerical strength to the government are themselves equal,” he says.
He notes that the nearest the country has had was the 2017 case when the current Deputy Prime Minister Mathibeli Mokhothu was at the time the leader of opposition in Parliament and after the 2017 General Election, he lost two MPs to AD.