Revised Constitution of Ledgersia

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Revision as of 03:42, 2 August 2010

CHAPTER 1 — The Federation

1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of _____.

(2) The Federal Republic of _____ shall not be governed, nor shall any persons or group of persons take control of the Government of _____ or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void

2. (1) All sovereign authority belongs to the people of _____ and may be exercised only in accordance with this Constitution.

(2) The people may exercise their sovereign authority either directly or through their democratically elected representatives.

3. (1) _____ is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of _____.

(2) _____ shall be a Federation consisting of twenty-five (25) States, that is to say,

4. _____ shall be the seat of Government of the Federation.

5. (1) English shall be the official language of the Federation.

(2) Subject to subsection (1) hereof, any other language may be used as a medium of instruction in schools or other educational institutions or for legislative, administrative or judicial purposes as may be prescribed by law.

6. _____ shall not adopt a state religion.

7. The national flag, the national coat of arms, the public seal, the national anthem and the seals of the courts of judicature in use immediately before the coming into force of this Constitution shall continue to be in use.

CHAPTER — The Executive

PART I — The President and the Vice-President

1. (1) There shall be for the Federation a President.

(2) The President shall —
(a) be the Head of State, the Head of Government, and the Commander-in-Chief of the Armed Forces of the Federation;
(b) be a symbol of national unity, and have the responsibility to —
(i) promote and enhance the unity of the nation;
(ii) safeguard the sovereignty of the Federation;
(iii) promote and respect the diversity of the people and the communities of _____; and
(c) uphold, safeguard, and respect this Constitution and ensure the protection of human rights and fundamental freedoms and the rule of law.

(3) The powers of the President shall be exercised in accordance with this Constitution and the laws.

2. Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President if that person —
(a) is a citizen of _____ by birth; and
(b) has attained the age of thirty-five years.

3. (1) The President shall be elected in accordance with the provisions of this Constitution and subject thereto.

(2) Election of the President shall be —
(a) by direct, universal and equal suffrage; and
(b) conducted in accordance with principles and procedures to be determined by Act of Parliament:

Provided that no person shall be elected as President unless he received more than fifty percent of the votes cast and the necessary number of ballots shall be conducted until result is reached.

(3) An election to the said office shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(4) For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.

(5) The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament:

Provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.

4. No person shall be eligible for nomination as a candidate for election as President if that person —
(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(b) has been declared insolvent or adjudged or otherwise declared bankrupt under any law for the time being in force in _____ and has not been discharged, or has made a composition with his creditors and has not paid his debts in full;
(c) is certified to be insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in _____;
(d) is the holder of a public office or a member of Parliament, unless that person first resigns;
(e) is a serving member of the Armed Forces of the Federation;
(f) is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
(g) has, within the last ten years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; or
(h) has, within the last ten years, been convicted by a competent court of any violation of any law relating to election of the President or election of the members of Parliament.

5. (1) A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the following oath:

“I.....do solemnly swear that I will maintain the Constitution of _____ and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of _____. So help me God.”

(2) The oath aforesaid shall be administered by the Chief Justice of _____ or the person for the time being appointed to exercise the functions of that office.

(3) Instead of taking an oath, the President may, if he thinks fit, make an affirmation which shall be in the like form with the substitution of “affirm” for “swear”, and the omission of the final sentence.

(4) A person elected to be President shall be sworn into office, in accordance with subsection (1), within thirty days of being elected.

(5) The President shall hold office until such time as his successor is sworn in.

6. The President shall hold office for a period of five years from the date upon which he takes the oath prescribed in section five, and shall, on the termination of his period of office, be eligible for re-election:

Provided that a President who has held office for two terms shall not be eligible for re-election for a third term of office.

7. There shall be for the Federation a Vice-President.

8. (1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.

(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.

9. (1) Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President.

(2) If the office of President —
(a) becomes vacant in circumstances in which there is no Vice-President; or
(b) is vacant whilst the Vice-President is absent from _____ or is, by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section two of this Constitution, be performed by such Minister as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.

(3) Any person performing the functions of the office of President by virtue of subsection (1) or (2) of this section shall not exercise the power of the President to dissolve Parliament.

10. (1) Whenever the President is absent from _____ or considers it desirable to do so by reason of illness or any other cause he may, by directions in writing, authorize —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or is, by reason of physical or mental infirmity, unable to perform the functions of his office, some other Minister, to discharge such of the functions of the office of President as he may specify, and the Vice-President or other Minister may discharge those functions until his authority is revoked by the President.

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform those functions —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his office, such Minister as the Cabinet shall appoint, shall perform the functions of the office of President.

(3) A person performing the functions of the office of President under this section shall not exercise the power of the President to dissolve Parliament.

(4) A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.

(5) For the purposes of this section, a certificate of the Chief Justice that —
(a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform the functions of his office; or
(b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:

Provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he is about to resume the functions of the office of President.

10. (1) The President or Vice-President shall be removed from office where the President or Vice-President, as the case may be, has been indicted and convicted by impeachment.

(2) The procedure for impeachment shall be as laid down by the Standing Orders of Parliament, provided that they are in full accord with the principles of natural justice and that —
(a) indictment and conviction by impeachment shall only be on the grounds of serious violation of the Constitution or serious breach of the written laws of the Republic that either occurred or came to light during the term of office of the President or the Vice-President;
(b) indictment on impeachment shall require the affirmative vote of two-thirds of the members of the House of Representatives in a committee of the whole house;
(c) conviction on impeachment shall require the affirmative vote of two-thirds of the members of both Chambers;
(d) conviction in cases of impeachment shall cause the removal, and disqualification from future office, of the office holder; and
(e) conviction by way of impeachment shall not act as a bar to legal proceedings.

11. The President and Vice-President shall receive such salary or allowance as may, from time to time, be determined by an Act of Parliament and shall have such adequate number of residences and personal staff, at State expense, as an Act of Parliament may prescribe.

PART II — Executive Government

12. (1) The executive power of _____ shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.

(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.

(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

13. (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.

(2) The Public Seal shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of _____.

14. (1) A decision by the President under the authority of this Constitution or of any other legislation shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.

(2) The signature of the President on any instrument shall be confirmed as provided in section thirteen.

15. (1) As the Head of State, the President shall uphold, protect and defend the Constitution as the Supreme Law, and shall perform with dignity and leadership all acts necessary, expedient, reasonably and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of _____, which he is constitutionally obliged to protect, to administer and to execute.

(2) In accordance with the responsibility of the executive branch of Government to the legislative branch, the President and the Cabinet shall each year during the consideration of the official budget attend Parliament. During such session the President shall address Parliament on the state of the nation and on the future policies of the Government, shall report on the policies of the previous year and shall be available to respond to questions.

(3) Without derogating from the generality of the functions and powers contemplated by subsection (1), the President shall have the power, subject to this Constitution to —
(a) assent to Bills and promulgate Bills duly passed by Parliament;
(b) convene and preside over meetings of the Cabinet;
(c) dissolve the House of Representatives by Proclamation in the circumstances provided for in section _____;
(d) determine the times for the holding of special sessions of the House of Representatives, and to prorogue such sessions;
(e) establish and dissolve such Government departments and ministries as the President may at any time consider to be necessary or expedient for the good government of _____;
(f) appoint commissions of inquiry;
(g) refer disputes of a constitutional nature to the Supreme Court;
(h) appoint the following persons —
(aa) the Prime Minister;
(bb) Ministers and Deputy Ministers;
(cc) any other person or persons who are required by any other provision of this Constitution or any other law to be appointed by the President.

(4) The President shall also have the power, subject to this Constitution, to appoint —
(a) on the recommendation of the Judicial Service Commission —
(aa) the Chief Justice and other Judges of the Federal Supreme Court;
(bb) the Ombudsman;
(cc) the Prosecutor-General;
(b) on the recommendation of the Public Service Commission —
(aa) the Auditor-General;
(bb) the President of the Treasury Board;
(c) on the recommendation of the National Security Council —
(aa) the Chief of the Armed Forces;
(bb) the Director-General of the National Intelligence Service;
(cc) the Inspector-General of Police.

(5) Appointments under subsection (4) shall be subject to the approval of the Senate.

(6) Subject to the provisions of this Constitution dealing with the signing of any laws passed by Parliament and the promulgation and publication of such laws in the Gazette, the President shall have the power to —
(a) sign and promulgate any Proclamation which by law he is entitled to proclaim as President;
(b) initiate, in so far as he or she considers it necessary and expedient, laws for submission to and consideration by the House of Representatives.

16. (1) The President, in his capacity as Commander-in-Chief of the Armed Forces of the Federation, may, subject to such conditions as may be prescribed by or under any law —
(a) mobilize and call out the Armed Forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
(b) confer commissioned ranks in the Armed Forces on any person serving or qualified to serve therein and give to such person a commission under his hand.

(2) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the Armed Forces any of the powers mentioned in subsection (1) of this section.

17. (1) If, at any time, the President considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.

(2) An Act of Parliament may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.

18. (1) The President shall be responsible for —
(a) the conduct of relations with other states and international organizations;
(b) the reception of envoys accredited to _____ and the appointment of the principal representatives of _____ abroad;
(c) the negotiation and, subject to ratification by the National Assembly, the conclusion of treaties and other international agreements;
(d) subject to the prior approval of the National Assembly, the declaration of war and the making of peace.

(2) _____ shall not —
(a) enter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of the National Assembly;
(b) become a member of any international organization unless the National Assembly is satisfied that it is in the interest of _____ and that membership does not derogate from its sovereignty.

(3) The National Assembly may, by resolution establish procedures for the ratification of treaties and other international agreements.

19. The President may —
(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.

20. (1) The President may, after consulting the Committee established by subsection (2), confer honors and awards, including honorary honors and awards to friends of ______.

(2) The shall be a Committee to advise the President on the exercise of his or her powers under this section which shall consist of not more than five, and not less than three, persons appointed by the National Assembly.

21. (1) At a time of national disaster or during a state of national defense or public emergency threatening the life of the nation or the constitutional order, the President may by Proclamation in the Gazette declare that a state of emergency exists in _____ or any part thereof.

(2) A declaration under subsection (1) hereof, if not sooner revoked, shall cease to have effect —
(a) in the case of a declaration made when the National Assembly is sitting or has been summoned to meet, at the expiration of a period of seven (7) days after publication of the declaration; or
(b) in any other case, at the expiration of a period of thirty (30) days after publication of the declaration;
unless before the expiration of that period, it is approved by a resolution passed by the House of Representatives by a two-thirds majority of all its members.

(3) Subject to the provisions of subsection (4) hereof, a declaration approved by a resolution of the House of Representatives under subsection (2) hereof shall continue to be in force until the expiration of a period of six (6) months after being so approved or until such earlier date as may be specified in the resolution:

Provided that the House of Representatives may, by resolution by a two-thirds majority of all its members, extend its approval of the declaration for periods of not more than six (6) months at a time.

(4) The House of Representatives may by resolution at any time revoke a declaration approved by it in terms of this section and the President shall forthwith, by Proclamation published in the Gazette, revoke such declaration.

(5)(a) During a state of emergency in terms of this section or when a state of national defense prevails, the President shall have the power by Proclamation to make such regulations as in his or her opinion are necessary for the protection of national security, public safety and the maintenance of law and order.
(b) The powers of the President to make such regulations shall include the power to suspend the operation of any rule of the common law or statute or any fundamental right or freedom protected by this Constitution, for such period and subject to such conditions as are reasonably justifiable for the purpose of dealing with the situation which has given rise to the emergency:

Provided that nothing in this subsection shall enable the President to act contrary to the provisions of section _____ hereof.
(c) Where any regulation made under paragraph (b) hereof provides for detention without trial, provision shall also be made for an Advisory Board, to be appointed by the President on the recommendation of the Judicial Service Commission, and consisting of no more than five (5) persons, of whom no fewer than three (3) persons shall be Judges of the Supreme Court or qualified to be such. The Advisory Board shall perform the function set out in section _____ (2)(c) hereof.

(6) Any regulations made by the President pursuant to the provisions of subsection (5) hereof shall cease to have legal force if they have not been approved by a resolution of the House of Representatives within fourteen (14) days from the date when the National Assembly first sits in session after the date of the commencement of any such regulations.

(7) The President shall have the power to proclaim or terminate martial law. Martial law may be proclaimed only when a state of national defense involving another country exists or when civil war prevails in _____:

Provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the House of Representatives.

PART III — The Cabinet

22. (1) There shall be a Cabinet which shall consist of the President, the Vice-President, the Prime Minister, the Ministers, and the Attorney-General.

(2) The Cabinet shall regulate the procedure of its meetings.

(3) The Cabinet shall exercise the powers and functions assigned to it by this Constitution or an Act of Parliament and shall be responsible for advising the President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President.

(4) There shall preside at meetings of the Cabinet —
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, such Minister as the President may designate.

(5) The Cabinet may act notwithstanding any vacancy in its membership.

23.

(2) The Cabinet shall exercise the powers and functions assigned to it by this Constitution or an Act of Parliament and shall be responsible for advising the President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President.

(3) There shall preside at meetings of the Cabinet —
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, such Minister as the President may designate.

(4) The Cabinet may act notwithstanding any vacancy in its membership.

23. (1) There shall be a Secretary to the Cabinet who shall be appointed by the President and whose office shall be public office and who shall —
(a) have charge of the Cabinet office;
(b) be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes of the Cabinet;
(c) convey the decisions of the Cabinet to the appropriate persons or authorities; and
(d) have such other functions as the Cabinet may direct.

(2) The Secretary to the Cabinet —
(a) may be removed from office by the President; or
(b) may resign from office in writing, addressed to the President, and the resignation shall take effect on the receipt of the letter by the President.

(3) On the assumption to office of a new government, the person holding office as Secretary to the Cabinet shall cease to hold that office.

24. (1) There shall be a Prime Minister who shall be appointed by the President in accordance with the provisions of this section.

(2) The President shall appoint as Prime Minister a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of the House:

Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament stands dissolved, a person who was a member of the House of Representatives immediately before the dissolution may be appointed to the office of Prime Minister.

(3) The Prime Minister shall be accountable to the President and shall, under the general direction of the President —
(a) be the Leader of Government business in Parliament;
(b) co-ordinate the work of the Cabinet;
(c) perform or cause to be performed such other duties as the President may direct; and
(d) perform such other functions as are conferred by this Constitution and any other functions as the President may assign.

(4) In the absence of the Prime Minister, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President in that behalf.

(5) The term of office of the Prime Minister shall continue until —
(a) the Prime Minister dies, resigns or is dismissed from office; or
(b) the next person appointed Prime Minister following an election assumes office.

(6) The Prime Minister may at any time by notice in writing addressed to the President resign his office.

25. (1) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of _____ as may be established by Parliament or, subject to any provision made by Parliament, by the President.

(2) The President shall appoint the other Ministers from among the members of the House of Representatives:

Provided that if occasion arises for making an appointment to the office of Minister other than Prime Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the House of Representatives may be appointed to the office of Minister.

(3) Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department and, subject to such direction and control, every department of Government shall be under the supervision of the Principal Secretary whose office shall be an office in the public service:

Provided that two or more government departments may be placed under the supervision of one Principal Secretary.

(4) The President may appoint Deputy Ministers of any specified department of Government or of such other description as the President may determine.

(5) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.

(6) The President shall appoint the Deputy Ministers from among the members of the House of Representatives:

Provided that if occasion arises for making an appointment to the office of Deputy Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the House of Representatives may be appointed to the office of Deputy Minister.

(7) A Minister or a Deputy Minister may at any time by notice in writing addressed to the President resign his office.

26. The office of the Prime Minister, Minister or Deputy Minister shall become vacant —
(a) if he ceases to be a member of the House of Representatives otherwise than by reason of a dissolution of Parliament;
(b) if, when the House of Representatives first meets after a dissolution of Parliament, he is not then a member thereof;
(c) if the President so directs;
(d) if the holder of the office dies or resigns from office; or
(e) when the next person appointed to that office assumes office.

27. (1) Appointments under this Part shall be made by the President by instrument under the Public Seal.

(2) A person appointed under this Part shall, before assuming the duties of his office, make and subscribe before the President or a person designated by him for the purpose, an oath in such form as the President may determine.

28. (1) There shall be the office of Attorney General, who shall be the principal legal adviser to the Government.

(2) Such powers as are vested in the office of the Attorney General may be exercised by the person appointed to that office or such other persons in the public service, acting as subordinates of that person and in accordance with his general and specific instructions.

(3) Appointment to the office of Attorney General shall be made by the President.

(4) The office of Attorney General shall become vacant after the person holding that office has served for five years, or on his resignation or retirement, whichever is sooner, provided that the person holding that office may be nominated for such further terms, not exceeding five years, as the President considers appropriate.

(5) The office of Attorney General may either be the office of a Minister or may be a public office.

(6) The Attorney General shall be subject to removal by the President on the grounds of incompetence, incapacity or being compromised in the exercise of his duties to the extent that his ability to give impartial legal advice is seriously in question.

29. (1) The Cabinet shall meet at least once a month.

(2) The quorum at a meeting of the Cabinet shall be one half of all the members of the Cabinet.

(3) A decision by the Cabinet shall be in writing.

(4) A decision of the Cabinet shall not be valid, and shall not be implemented, unless it is signed by the President.

(5) Members of the Cabinet shall collectively and individually, be accountable to Parliament for —
(a) the exercise of their powers and the performance of their functions; and
(b) the administration and implementation of legislation assigned to them.

(6) A Minister shall attend before Parliament, or a committee of Parliament, when required to do so and shall answer any question concerning a matter assigned to that Minister.

(7) Members of the Cabinet shall provide Parliament with full and regular reports concerning matters under their control.

The King may, acting in accordance with the advice of the Council of State, remove the Prime Minister from office—
(a) if a resolution of no confidence in the Government of Lesotho is passed by the National Assembly and the Prime Minister does not within three days thereafter, either resign from his office or advise a dissolution of Parliament; or
(b) if at any time between the holding of a general election to the National Assembly and the date on which the Assembly first meets thereafter, the King considers that, in consequence of changes in the membership of the Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the Assembly.

(6) The office of the Prime Minister shall become vacant—
(a) if he ceases to be a member of the National Assembly otherwise than by reason of a dissolution of Parliament; or
(b) if, when the National Assembly first meets after a dissolution of Parliament, he is not then a member thereof.

28. The office of a Minister other than the Prime Minister shall become vacant—
(a) if he ceases to be a member of either House of Parliament otherwise than by reason of a dissolution of Parliament; or
(b) if he becomes a Senator other than a Senator nominated under section 55 of this Constitution; or
(c) if, when the two Houses of Parliament first meet after a dissolution he is not then either a member of the National Assembly or a Senator nominated under section 55 of this Constitution; or
(d) if the King, acting in accordance with the advice of the Prime Minister, so directs; or
(e) if the Prime Minister resigns from office within three days after the passage by the National Assembly of a resolution of no confidence in the Government of Lesotho or is removed from office under subsection (5); or
(f) on the appointment of any person to the office of Prime Minister.

(8) A resolution of no confidence in the Government of Lesotho shall not be effective for the purposes of subsections (5)(a) and (7)(e) unless it proposes the name of a member of the National Assembly for the King to appoint in the place of the Prime Minister.

18. (1) The President may remove the Prime Minister from office —

(5) The King may, acting in accordance with the advice of the Council of State, remove the Prime Minister from office—
(a) if a resolution of no confidence in the Government of Lesotho is passed by the National Assembly and the Prime Minister does not within three days thereafter, either resign from his office or advise a dissolution of Parliament; or
(b) if at any time between the holding of a general election to the National Assembly and the date on which the Assembly first meets thereafter, the King considers that, in consequence of changes in the membership of the Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the Assembly.

(6) The office of the Prime Minister shall become vacant—
(a) if he ceases to be a member of the National Assembly otherwise than by reason of a dissolution of Parliament; or
(b) if, when the National Assembly first meets after a dissolution of Parliament, he is not then a member thereof.

(7) The office of a Minister other than the Prime Minister shall become vacant—
(a) if he ceases to be a member of either House of Parliament otherwise than by reason of a dissolution of Parliament; or
(b) if he becomes a Senator other than a Senator nominated under section 55 of this Constitution; or
(c) if, when the two Houses of Parliament first meet after a dissolution he is not then either a member of the National Assembly or a Senator nominated under section 55 of this Constitution; or
(d) if the King, acting in accordance with the advice of the Prime Minister, so directs; or
(e) if the Prime Minister resigns from office within three days after the passage by the National Assembly of a resolution of no confidence in the Government of Lesotho or is removed from office under subsection (5); or
(f) on the appointment of any person to the office of Prime Minister.

(8) A resolution of no confidence in the Government of Lesotho shall not be effective for the purposes of subsections (5)(a) and (7)(e) unless it proposes the name of a member of the National Assembly for the King to appoint in the place of the Prime Minister.

95. The Council of State (1) There shall be in and for Lesotho a Council (to be styled the Council of State) to assist the King in the discharge of his functions and to exercise such other functions as are conferred by this Constitution. (2) The Council of State shall consist of— (a) the Prime Minister; (b) the Speaker of the National Assembly; (c) two judges or former judges of the High Court or Court of Appeal who shall be appointed by the King on the advice of the Chief Justice; (d) the Attorney-General; (e) the Commander of the Defence Force; (f) the Commissioner of Police; (g) a Principal Chief who shall be nominated by the College of Chiefs; (h) two members of the National Assembly appointed by the Speaker from among the members of the opposition party or parties. In making this appointment the Speaker shall appoint the leader of the opposition and the leader of the opposition party or coalition of parties having the next greatest numerical strength. If there is only one opposition party the Speaker shall appoint another member of that party; (i) not more than three persons who shall be appointed by the King on the advice of the Prime Minister, by virtue of their special expertise, skill or experience: Provided that no person shall be appointed under this paragraph if he is disqualified to be elected as a member of the National Assembly under section 59 of this Constitution; (j) a member of the legal profession in private practice who shall be nominated by the Law Society established by the Law Society Act 1983, or by some other professional body established under any law replacing the Law Society Act 1983. (3) A person who is not a citizen of Lesotho shall not be eligible to sit as a member of the Council of State. (4) Subject to subsection (5), a member of the Council of State referred to in subsection (2)(c), (g), (i) or (j) shall hold office for a period of six years but shall be eligible for re-appointment as a member of the Council of State. (5) A member of the Council of State shall vacate his office— (a) in the case of a member referred to in subsection (2)(a), (b), (d), (e) or (f), if he ceases to hold the office by virtue of which he became such a member; (b) in the case of a member referred to in subsection (2)(c) if the King, acting in accordance with the advice of the Chief Justice, so directs; (c) in the case of a member referred to in subsection (2)(g), if he is removed by the College of Chiefs; (d) in the case of a member referred to in subsection (2)(h), if he ceases to be such leader as is mentioned in subsection (2)(h) or when the National Assembly first meets after a dissolution of Parliament, whichever first occurs; (e) in the case of a member referred to in subsection (2)(i), if he is removed by the King on the advice of the Prime Minister: Provided that the provisions of section 142 (4) to (7) shall apply to any such member as they apply to a person holding the office of Auditor-General; (f) in the case of a member referred to in subsection (2)(j) if he is removed by the Law Society or such other professional body as is mentioned in subsection (2)(j). (6) The quorum of the Council of State is eight and subject thereto the Council may act notwithstanding any vacancy in its membership. (7) Meetings of the Council of State shall be summoned by the King and its advice shall be tendered in writing. (8) If the King does not call a meeting of the Council of State for consideration of any matter on which the advice of the Council is required, the Prime Minister shall summon a meeting of the Council of State, failing which any member of the Council, supported by not less than seven other members, may call a meeting of the Council of State. (9) The King may attend any meeting of the Council and, if he does attend, shall preside; in the absence of the King the Prime Minister or such other member as may be prescribed by its rules of procedure shall preside at meetings of the Council. (10) The Council of State may request any public officer or any other person holding or acting in any office established by or under this Constitution or any authority so established to assist it in the exercise of its functions (whether by way of attendance before the Council or otherwise) and any such officer or authority shall comply with any such request. (11) Subject to the provisions of this section, the Council of State may regulate its own procedure.

CHAPTER — The Legislature

PART I — General

1. (1) The legislative power of _____ shall be vested in a Federal Parliament, which shall have the powers and responsibilities set out in this Constitution, and which is herein-after called “The Parliament,” or “The Parliament of the Federation.”

(2) An Act of Parliament shall have primacy over other forms of law, but shall be subject to the Constitution.

(3) Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides.

2. (1) For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the House of Representatives, the Senate and the President as Head of State.

(2) Unless otherwise provided in this Constitution, an “Act of Parliament” shall be a Bill which has —
(i) been laid before and passed by a majority of the House of Representatives;
(ii) been laid before and passed by a majority of the Senate; and
(iii) been assented to by the President in accordance with this Chapter.

(3) “Chamber” means either the Chamber of the House of Representatives or of the Senate.

PART II — The House of Representatives

3. (1) The House of Representatives shall consist of one hundred and fifty (150) members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section _____.

(2) The members shall be elected on the system of preferential voting.

4. At any general election of members of the House of Representatives under this Constitution, all polls shall be take on one and the same day in all the electoral divisions throughout the Federation, such day to be appointed by the President.

5. (1) At intervals of not less than five years and not more than ten years, the President shall appoint a delimitation commission consisting of three judges of the Supreme Court of _____, which shall divide each State into so many electoral divisions that their number bears, as nearly as possible, the same ratio to one hundred and fifty as, in terms of the current voters' lists, duly corrected up to the latest possible date, the number of voters in that State bears to the total number of voters in the Federation.

(2) In dividing a State into electoral divisions in terms of sub-section (1) the said commission shall act in accordance with the provisions of section _____.

6. (1) For the purposes of any division of the States into electoral divisions, the quota of each State shall be obtained by dividing the total number of voters in the State as ascertained from an examination of the current voters' lists by the number of members of the House of Representatives to be elected therein.

(2) Each State shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3), contain a number of voters as nearly as may be equal to the quota of the province.

(3) The delimitation commission shall give due consideration to —
(a) community or diversity of interests;
(b) means of communication;
(c) physical features;
(d) boundaries of existing electoral divisions;
(e) sparsity or density of population,
in such manner that, while taking the quota of voters as the basis of division, the commission may depart therefrom whenever it is deemed necessary, but in no case to any greater extent than fifteen per cent more or fifteen per cent less than the quota.

7. (1) A commission constituted under the provisions of section _____ shall submit to the President —
(a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division;
(b) a map or maps showing the electoral divisions into which the States have been divided;
(c) such further particulars as it considers necessary.

(2) The President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.

(3) The President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a re-division, the electoral divisions as named and defined shall be the electoral divisions of the Federation in the States.

(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.

8. Any alteration in the number of members of the House of Representatives to be elected in the several provinces, and any re-division of the States into electoral divisions, shall, in respect of the election of members of the House of Representatives, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.

9. No person shall be qualified to be a member of the House of Representatives, unless he —
(a) is a citizen of _____;
(b) has attained the age of twenty-one years;
(c) is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
(d) is able to speak the English language with a degree of proficiency sufficient to enable him to take part in the proceedings of Parliament; and
(e) has made such declaration of his assets to the Independent Electoral Commission as is required in accordance with section _____.

10. (1) Every House of Representatives shall continue for five years from the day on which its first session commences.

(2) The President —
(a) may dissolve the House of Representatives by proclamation in the Gazette at any time; and
(b) shall so dissolve the House of Representatives if —
(i) the House of Representatives by a majority of all its members passes a motion of no confidence in the Cabinet within any period of 14 days; or
(ii) the House of Representatives rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Cabinet.

11. Whenever the seat of a member becomes vacant, whether in consequence of his resignation or otherwise, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Federation, the presiding member may issue the writ.

12. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.

(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Parliament.

13. (1) The House of Representatives shall be a directly elected Chamber the primary purpose of which shall be legislative and which shall have power, subject to this Constitution, to —
(a) receive, amend, accept or reject Government Bills and Private Bills;
(b) initiate Private Member's Bills on the motion of any member and amend, accept or reject all Private Member's Bills;
(c) receive, amend, accept or reject any Bills remitted from the Senate;
(d) debate and vote motions in relation to any matter including motions to indict and convict the President by impeachment;
(e) exercise such other functions and powers as are conferred on it by this Constitution; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.

(2) For the purposes of this Constitution —
(a) a Government Bill shall be a Bill promulgated by the Government and introduced to Parliament on behalf of the Government;
(b) a Private Bill shall be —
(i) promulgated by an agency that is not part of the Government; and
(ii) introduced to Parliament on behalf of that agency where that agency is mandated by an Act of Parliament so to do;
(c) a Private Member's Bill shall be —
(i) promulgated by a member of Parliament; and
(ii) introduced by that member in the Chamber of which he is a member in accordance with the procedure of that Chamber.

PART III — The Senate

14. (1) The Senate shall consist of two (2) members from each State referred to in section 102 hereof, to be elected from amongst their members by the State Legislature for such State.

(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.

15. The qualification of a senator shall be the same as those of a member of the House of Representatives.

16. (1) Members of the Senate shall hold their seats for five years from the date of their election and shall be eligible for re-election.

(2) When a seat of a member of the Senate becomes vacant through death, resignation or disqualification, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six (6) months before the expiry of the term of the Senate, in which instance such vacancy need not be filled. Such election shall be held in accordance with the procedures referred to in subsection (2) of section _____ hereof.

17. (1) The Senate shall, before proceeding to the dispatch of any other business, elect from its members a Chairman and a Vice-Chairman. The Chairman, or in his absence the Vice-Chairman, shall preside over sessions of the Senate. Should neither the Chairman nor the Vice-Chairman be present at any session, the Senate shall elect from amongst its members a person to act as Chairman in their absence during that session.

(2) The Chairman or the Vice-Chairman, as the case may be, shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of the Senate, or he may resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Congress.

18. The Senate shall be an indirectly elected Chamber the primary purpose of which shall be deliberative and which shall have power, subject to this Constitution, to —
(a) receive, scrutinize and amend Bills from the House of Representatives;
(b) vote motions to confirm or remit Bills passed by the House of Representatives;
(c) debate any issue on its own motion, initiate Private Member's Bills and vote motions in respect of any matter, including motions to indict or convict the President by impeachment;
(d) exercise such other functions and powers as are conferred on it by this Constitution;
(e) carry out such other functions as may be delegated to it by an Act of Parliament; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.

PART IV — House of Representatives and Senate

19. Notwithstanding any dissolution of the House of Representatives or the Senate, whether by effluxion of time or otherwise —
(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;
(b) the said body shall remain competent to perform its functions; and
(c) the President shall have power to summon Congress for the dispatch of business;
during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.

20. A Minister or Deputy Minister shall have the right to sit and speak both in the House of Representatives and in the Senate but shall vote only in the House of Representatives.

21. (1) A member of the House of Representatives who is elected as a Senator shall vacate his seat as a member of the House of Representatives with effect from the day on which he becomes a member of the Senate.

(2) A member of the Senate who is elected as a member of the House of Representatives shall vacate his seat as a Senator with effect from the date on which he becomes a member of the House of Representatives.

22.

PART V — General Powers and Procedure

(1) The Legislature shall have power to make laws, to be entitled “Acts”, for the peace, order, and good government of the Federation with respect to —
(i) Accounts of the Government of the Federation, and of offices, courts, and authorities thereof, including audit of those accounts;
(ii) Aviation, including airports, safety of aircraft and carriage of passengers and goods by air;
(iii) Awards of national titles of honor, decorations and other dignities;
(iv) Banking, other than State banking; also State banking extending beyond the limits of the State concerned;
(v) Bankruptcy and insolvency;
(vi) Bills of exchanging and promissory notes
(vii) Borrowing money on the public credit of the Federation;
(viii) Bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Federation;
(ix) Census and statistics;
(x) Citizenship, naturalization and aliens;
(xi) Copyrights, patents, trade marks, trade or business names, industrial designs and merchandise marks;
(xii) Creation of States;
(xiii) Currency, coinage and legal tender;
(xiv) Customs and excise duties;
(xv) Defense;
(xvi) Deportation of persons who are not citizens of _____;
(xvii) Diplomatic, consular and trade representation;
(xviii) Exchange control;
(xix) Export duties;
(xx) External affairs;
(xxi) Extradition;
(xxii) Fisheries in _____ waters beyond territorial limits;
(xxiii) Foreign corporations, and trading or financial corporations formed within the limits of the Federation;
(xxiv) Immigration into and emigration from _____;
(xxv) Legal proceedings between Governments of States or between the Government of the Federation and Government of any State or any other authority or person;
(xxvi) Lighthouses, lightships, beacons and buoys;
(xxvii) Maritime shipping and navigation;
(xxviii) Military (Army, Navy and Air Force) including any other branch of the armed forces of the Federation;
(xxix) Mines and minerals, including oil fields, oil mining, geological surveys and natural gas;
(xxx) Nuclear energy;
(xxxi) Passports and visas;
(xxxii) Pensions, gratuities and other-like benefit payable out of the Consolidated Revenue Fund or any other public funds of the Federation;
(xxxiii) Posts, telegraphs and telephones;
(xxxiv) Public debt of the Federation;
(xxxv) Public relations of the Federation;
(xxxvi) Public service of the Federation including the settlement of disputes between the Federation and officers of such service;
(xxxvii) Quarantine;
(xxxviii) Railways;
(xxxix) Recognition throughout the Federation of the laws, the public Acts and records, and the judicial proceedings of the States;
(xl) Service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States;
(xli) Trade and commerce between _____ and other countries;
(xlii) Weights and measures;
(xliii) Any other matter with respect to which the Legislature has power to make laws in accordance with the provisions of this Constitution.

(2) The Legislature shall further have the power and function, subject to this Constitution —
(a) to approve budgets for the effective government and administration of the country;
(b) to provide for revenue and taxation;
(c) to agree to the ratification of or accession to international agreements which have been negotiated and signed in terms of section _____;
(d) to receive reports on the activities of the Executive, and from time to time to require any senior official to appear before any of the committees of the Legislature to account for and explain his acts and programs;
(e) to debate and to advise the President in regard to any matters which by this Constitution the President is authorized to deal with; and
(f) generally to exercise any other functions and powers assigned to it by this Constitution or any other law and any other functions incidental thereto.

The National Assembly shall not pass a Bill-

(a) to establish a one party state;

(b) to establish any religion as a state religion; or

(c) to alter the decision or judgement of a court in any proceedings to the prejudice of any party to those proceedings, or deprive any person retroactively of vested or acquired rights, but subject thereto, the National Assembly may pass Bills designed to have retroactive effect.

CHAPTER — Miscellaneous

Prime Minister

1. (1) There shall be a Prime Minister of the Federation who shall be appointed by the President in accordance with the provisions of this section and who, before assuming his office, shall take and prescribe before the President such oath of office of Prime Minister as may be prescribed by Parliament.

(2) As soon as possible, and in any event within fourteen days after assuming his office, the President shall appoint a Member of Parliament elected from a constituency from a political party having a majority of Members of Parliament in the National Assembly or, if no political party has a majority, who appears to have the support of the majority of the Members of Parliament, to be Prime Minister of the Federation, and he shall not assume office until his appointment is first confirmed by a resolution of the National Assembly supported by a majority vote of Members of Parliament.

(3) Subject to the other provisions of this Constitution, the Prime Minister shall hold the office of Prime Minister until —
(a) the day the President-elect takes the oath of office; or
(b) the day he dies while in office; or
(c) the day he resigns; or
(d) the day the President appoints another Member of Parliament to hold the office of Prime Minister; or
(e) he ceases to hold the office of Prime Minister in accordance with the other provisions of this Constitution.

2. (1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government of the Federation.

(2) The Prime Minister shall be the Leader of Government Business in the National Assembly.

(3) In the exercise of his authority, the Prime Minister shall perform or cause to be performed any matter or matters which the President directs to be done.

3. (1) Subject to the provisions of this Constitution, the Prime Minister shall be accountable to the President for the exercise of his authority.

(2) The Executive of the Federation, under the authority of the President, shall be the organ having the power to determine the policy of the Government in general, and Ministers under the leadership of the Prime Minister, shall be collectively responsible to the National Assembly for the execution of the affairs of the Government of the Federation.

4. (1) Notwithstanding the provisions of section _____ of this Constitution, the National Assembly may pass a vote of no confidence in the Prime Minister if a motion proposing in that behalf is moved and passed in accordance with the provisions of this section.

(2) Subject to the other provisions of this section, any motion for a vote of no confidence in the Prime Minister shall not be moved in the National Assembly if —
(a) either it has no relation with the discharge of the responsibilities of the Prime Minister in accordance with article _____ of the Constitution or there are no allegations that the Prime Minister has contravened the law concerning the ethics of public leaders;
(b) six months have not lapsed since he was appointed;
(c) nine months have not lapsed since a similar motion was moved in and rejected by the National Assembly.

(3) A motion for a vote of no confidence in the Prime Minister shall not be passed by the National Assembly save only if —
(a) a written notice, signed and supported by not less than twenty percentum of all the Members of Parliament is submitted to the Speaker, at least fourteen days prior to the day on which the motion is intended to be moved before the National Assembly;
(b) the Speaker satisfies himself that the provisions of the Constitution governing the moving of the motion have been complied with.

(4) A motion which satisfies the provisions of this section shall be moved before the National Assembly as soon as possible in accordance with the Standing Orders of the National Assembly.

(5) A motion for a vote of no confidence in the Prime Minister shall be passed only if it is supported by a majority of the Members of Parliament.

(6) In the event the motion for a vote of no confidence in the Prime Minister is supported by a majority of the Members of Parliament, the Speaker shall submit that resolution to the President, and as soon as possible and in any event within two days from the day the National Assembly passed the vote of no confidence in the Prime Minister, the Prime Minister shall be required to resign, and the President shall appoint another Member of Parliament to be Prime Minister.

5. (1) All Ministers who are members of the Cabinet by virtue of section _____ shall be appointed by the President after consultation with the Prime Minister and they shall be responsible for such offices as the President may, from time to time, by writing under his hand and the Public Seal, establish.

(2) In addition to the Ministers referred to in subsection (1) the President may, after consultation with the Prime Minister, appoint Deputy Ministers. All Deputy Ministers shall not be members of the Cabinet.

(3) The President may appoint any number of Deputy Ministers who shall assist Ministers in the discharge of their duties and functions.

(4) All Ministers and Deputy Ministers shall be appointed from among Members of Parliament.

(5) Notwithstanding the provisions of subsection (4), in the event that the President is obliged to appoint a Minister or a Deputy Minister after dissolution of Parliament then he may appoint any person who was a Member of Parliament before Parliament was dissolved.

6. A Minister or a Deputy Minister shall not assume his office until he has first taken and subscribed, before the President, the oath of allegiance and such other oath for the due discharge of the duties of his office as may be prescribed by a law enacted by Parliament.

7. (1) The tenure of office of a Minister or a Deputy Minister shall commence on the date he is appointed to hold that office.

(2) The Office of a Minister or a Deputy Minister shall become vacant upon the occurrence of any of the following —
(a) if the incumbent resigns or dies;
(b) where the incumbent ceases to be a Member of Parliament for any reason not connected with the dissolution of Parliament;
(c) where the President revokes the appointment thereby removing the incumbent from office;
(d) where he is elected Speaker;
(e) where the Prime Minister resigns or his office becomes vacant for any other reason;
(f) immediately before the President elect assumes office;
(g) where the Ethics Tribunal makes a decision confirming that he has contravened the law concerning ethics of public leaders.

8. Ministers and Deputy Ministers shall hold office during the pleasure of the President, and shall be paid a salary, allowances and other remuneration in accordance with a law enacted by Parliament.