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The LCA will serve as an independent regulator. In making its decisions, LCA will act in a
manner free from political interference, influence, or considerations. In addition, LCA will show
no favouritism to any licensee, including any entity in which the Government continues to have an
ownership interest.
Such regulatory independence is mandated by Lesotho's international
obligations, and is consistent with international best practice.2 Moreover, maintaining regulatory
independence is essential to ensure the confidence of both foreign donors and private sector
investors, who must play a critical role in the development of Lesotho's communications sector.
At the same time, LCA will act in a manner that is consistent with the provision of the
Communications Act, and any other applicable legislation, as well as the policies established by
the Minister. The Act will establish measures that ensure that the Authority is held accountable
for its actions.
3.1.2
Measures to Balance Regulatory Independence and Accountability
The Act will embody provisions designed to strike the proper balance between regulatory
independence and accountability.
Board Selection
The powers of the Authority will continue to be exercised by the Chief Executive and the Board of
Directors. The Chief Executive, following the recommendation by the Board of Directors, will be
appointed by the Minister on a contract of not more than three-years duration. The Minister may
remove the CEO, for cause. The CEO will be eligible for a contract extension.
The Minister will nominate the six members to serve on the Board, including the Chairman. The
Minister will be required to solicit recommendations and to nominate qualified persons with a
broad range of views and technical skills. The Minister's nominations must be approved by a
simple majority vote of the National Assembly. Once approved, the Chairman and the other
members of the Board will serve for a three-year term, and may only be removed, for cause, by a
two-thirds vote of the National Assembly. The Chairman and the other members of the Board will
be eligible for re-nomination to additional three-year terms.
The principle of regulatory independence is embodied in the Southern Africa Development
Community Protocol on Transport, Communications, and Meteorology, to which Lesotho is
a signatory ("Member States shall . . . establish autonomous, independent national regulatory
bodies . . .."), to which Lesotho is a signatory, as well as in the World Trade Organization's
Telecommunications Reference Paper (telecommunications regulatory bodies must be
"separate from, and not accountable to any supplier of basic telecommunications services").