MISA Lesotho chairperson Kananelo Boloetse

In light of this development, MISA Lesotho
Chapter and Boloetse joined a constitutional
case as second and third respondents and
Yearn for Economic Sustainability (YES) political
party as the first respondents challenging the
resurrection of the 11th Amendment of the
Constitutional Bill, 2022 from the graveyard.

and the Attorney General, were collectively and
individually prohibited from enacting into law
any bill that expired upon the dissolution of the
10th parliament.

The applicants argued that the Bill was dead as
per the dissolution of the 10th Parliament and
that the 11th Parliament could not be permitted
in law to sit in vain and expend time and labour
over nothing at the expense of the public purse.

(21)

Moreover, the king of Lesotho is barred from
granting royal assent to any unfinished Bill at the
time of the dissolution of the 10th Parliament.
In a similar fashion, two members of
Parliament, leader of the Basotho Patriotic Party
(BPP) and leader of All Basotho Convention
(ABC) also challenged the constitutionality of
the special meeting of Parliament. (22)

The High Court of Lesotho ruled that YES and
MISA Lesotho do not have locus standi and
dismissed the case. (19) Boloetse went on to
appeal and the Appeal Court ruled in his favour.

As a result of the legal challenge, the National
Assembly adjourned for an indefinite period in
November 2023. (23)

(20)

Professor Kananelo Mosito, president of the
court, decreed that the appeal be sustained and
the High Court order be suspended.

The turn of events prompted a group of
activists and journalists in Lesotho, known as
Advocates for the Supremacy of the Constitution
(ASC) to establish Section 2 — an independent,
non-partisan, mass-based social movement.

He declared that Circular No. 5 of 2023,
and Standing Order No. 10 (58) of 2022 were
unconstitutional, thereby rendering them null
and void.

The movement aims to confront the challenges
that inhibit Lesotho from reaching her full
potential, as far as reforms and good governance
are concerned.

He ruled that the respondents, comprising
the National Assembly, the Senate, speakers
of both houses, the king, the Minister of Law,

Section 2 has been actively acting as a

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