Malcolm Rivera
Lesotho is a constitutional monarchy, also known as a limited monarchy, parliamentary monarchy, or democratic monarchy. Lesotho's monarchy is hereditary, with the monarch acting as a symbolic head of state, holding no executive or legislative powers. The monarch is expected to work on the advice of the government, with the majority of powers falling to the Prime Minister and their cabinet. Lesotho's current constitution, adopted in 1993, is based on the Westminster system of constitutional governance, which has been criticised as flawed and in need of reform to address the country's political instability.
| Characteristics | Values |
|---|---|
| Type of country | Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy |
| Monarch's role | A hereditary symbolic head of state who mainly performs representative and civic roles but does not exercise executive or policy-making power |
| Monarch's powers | The monarch has very little personal discretion in the exercise of their authority |
| Monarch's decision-making | The monarch is not alone in making decisions |
| Monarch's authority | The monarch exercises their authority in accordance with a constitution |
| Country's independence | Lesotho gained independence from Britain in 1966 |
| Constitution | The constitution is based on the Westminster system of constitutional governance |
| Constitution's history | The current constitution was adopted in 1993, but it is based on the 1966 constitution |
| Constitution's suitability | The constitution is considered flawed and unsuited for modern-day constitutionalism |
| Constitution's changes | There is a consensus that the constitution needs to be changed, but there is disagreement on the extent of the changes |
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What You'll Learn
Lesotho's monarch is a living symbol of national unity
Lesotho is a constitutional monarchy, also known as a limited monarchy, parliamentary monarchy, or democratic monarchy. In such a system, the monarch exercises their authority in accordance with a constitution and is not the sole decision-maker. The monarch is a hereditary symbolic head of state who primarily performs representative and civic roles but does not make policies or exercise executive power.
The Kingdom of Lesotho was formed in the 1820s after the lifaqane wars by King Moshoeshoe, and it gained independence from Britain in 1966. The country's first constitution was created in 1966, and it outlined the monarch's powers. However, in 1993, a new constitution was adopted, shifting power from the palace to the cabinet and the prime minister.
The monarch in Lesotho is a "living symbol of national unity" with no executive or legislative powers, according to the current constitution. The monarch acts on the advice of the Prime Minister, Cabinet, Council of State, Judicial Service Commission, and Public Service Commission. The monarch's role is primarily ceremonial, and they are expected to work on the advice of their government.
While the monarch in Lesotho has limited discretionary power, they can still act independently in rare cases, such as in matters related to the dissolution of parliament. This has led to ongoing debates about the extent of the monarch's powers and whether they can act on their absolute discretion.
In conclusion, Lesotho's monarch is a living symbol of national unity, playing a ceremonial role and exercising limited powers in accordance with the constitution and the advice of key institutions. The country's history, from its formation by King Moshoeshoe to the shift in power dynamics under the 1993 constitution, has shaped the role of the monarch as a symbolic figure in the nation's governance.
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The monarch has no executive or legislative powers
Lesotho is a constitutional monarchy, also known as a limited monarchy, parliamentary monarchy, or democratic monarchy. In a constitutional monarchy, the monarch exercises their authority according to a constitution and does not make decisions alone. Lesotho's monarch is a hereditary figurehead, a "living symbol of national unity" with no executive or legislative powers.
The monarch of Lesotho has no power to set public policy or choose political leaders. While the monarch may hold formal powers, such as dissolving parliament or giving royal assent to legislation, these powers are generally exercised in accordance with constitutional principles rather than personal political preferences. The monarch's role is primarily representative and civic, and any powers are exercised in accordance with the advice of five main institutions: the Prime Minister, the Cabinet, the Council of State, the Judicial Service Commission, and the Public Service Commission.
The majority of the monarch's powers fall under the category of powers performed on the advice of ministers or government officials. These are typically real executive powers, but in practice, the Prime Minister and Cabinet exercise these powers, with the monarch only "advised" on what to do. The monarch of Lesotho has very few opportunities to act alone, and even then, these powers are limited.
When Lesotho gained independence from Britain in 1966, the country's constitution enshrined a similar classification of powers as in the British system. However, the two most prominent categories of powers were those in which the King had to act on the advice of ministers or government officials and those performed by ministers and officials under the royal prerogative. While the monarch of Lesotho may have had more discretion in the past, the current view is that the King no longer has functions where he may act on his own absolute discretion.
Lesotho's constitution, adopted in 1993, shifted power from the palace to the cabinet, transferring all the prerogatives of the monarch to the Prime Minister. This has resulted in a concentration of power in the hands of the Prime Minister, leading to instability in the country. While there is a general recognition that the constitution needs an overhaul, there is disagreement about the extent and nature of the changes required.
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The monarch acts on the advice of the Prime Minister
Lesotho is a constitutional monarchy, with the current monarch, King Moshoeshoe, having founded the country in the 1820s. The monarch is a "living symbol of national unity" and holds no executive or legislative powers.
The current Prime Minister of Lesotho is Sam Matekane, who was sworn in on 28 October 2022. The Prime Minister wields executive power, which was granted to the position in 1967. The monarch acts on the advice of the Prime Minister and four other institutions: the Cabinet, the Council of State, the Judicial Service Commission, and the Public Service Commission.
The majority of the monarch's powers are performed on the advice of Ministers or government officials, with most of these powers being real executive powers. In a Westminster constitutional design, executive authority is de jure reposed in the monarch but de facto exercised by the Prime Minister and the Cabinet. This means that, in practice, the executive "advises" the monarch on what to do.
The Court of Appeal's decision in the case of Phoofolo v The Right Honourable Prime Minister ruled that, on matters related to the dissolution of parliament, the King can act on the advice of the Prime Minister alone, without needing to seek advice from the Council of State. This decision has brought into question whether there are any areas in which the King can act on his own absolute discretion.
The powers of the monarch were a captivating subject during the constitution-making process when Lesotho was preparing for independence in the early 1960s. The main question was whether the monarch would have executive powers or be titular in the British style.
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The monarch's powers are performed by Ministers and officials of the government
Lesotho is a constitutional monarchy, with a hereditary monarch as the head of state. The current monarch is King Letsie III, who ascended the throne in 1996 after the death of his father, King Moshoeshoe II. While the monarch has some discretionary powers, the majority of their powers are performed by Ministers and officials of the government.
The Kingdom of Lesotho was formed in the 1820s after the lifaqane wars and was organised around the kingship of King Moshoeshoe. When Lesotho gained independence from Britain in 1966, the country's Independence Constitution enshrined a similar classification of monarch powers as in the British system. The monarch's powers are regulated by the Constitution, specifically section 76(1) which embodies the Westminster principle that the King works on the advice of the government.
The monarch's powers can be categorised into three groups. The first category includes powers performed by Ministers and officials of the government under royal prerogative. The second, and most common, category includes powers performed by the monarch on the advice of Ministers or government officials. These powers are typically executive powers. In a Westminster constitutional design, executive authority is de jure held by the monarch but is de facto exercised by the Prime Minister and the Cabinet. As such, the Prime Minister and Cabinet "advise" the monarch on what to do in most cases.
The third and final category is where the monarch acts alone, which is very rare. The Court of Appeal's ruling in the case of Phoofolo v The Right Honourable Prime Minister reaffirmed the King's ability to act on the advice of the Prime Minister without needing to seek advice from the Council of State. This has led to questions about whether the King has any areas where he can act on his absolute discretion. While the 1966 Constitution allowed for some absolute discretion, the 1993 Constitution removed many of the King's powers, giving them instead to the Prime Minister and Cabinet.
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Lesotho's constitution is based on the Westminster system
Lesotho is a constitutional monarchy. The Constitution of Lesotho is the basic law governing the Kingdom of Lesotho. It was adopted in 1993 and has been amended five times since then. The Constitution provides the legal framework for the structure of the government and lays out the rights guaranteed to citizens.
The Westminster influence is also evident in the classification of powers. Most of the King's powers are exercised by the Prime Minister and the Cabinet, with the King acting alone in rare cases. This classification is similar to the British system, where the monarch has limited discretionary powers. The Westminster principle of separation of powers and checks and balances is also reflected in Lesotho's constitution, although it has been criticised as weak.
The rights and freedoms guaranteed to citizens in Lesotho's constitution are extensive, including the right to life, personal liberty, equality before the law, freedom from inhumane treatment, slavery, arbitrary search, seizure of property, and discrimination. These rights are guaranteed to all citizens regardless of race, sex, language, religion, political opinion, nationality, and property holdings. However, the effectiveness of these rights has been questioned due to claw-back clauses and the dominance of patriarchal norms in the country.
Overall, Lesotho's constitution, with its foundation in the Westminster system, has been criticised as flawed and in need of fundamental reform. The country has experienced political instability, with a history of coups, dictatorships, and military rule. There is a growing consensus that constitutional changes are necessary, but the extent and nature of these changes remain a subject of debate.
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Frequently asked questions
Yes, Lesotho is a constitutional monarchy.
A constitutional monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not the sole decision-maker.
The monarch in Lesotho has no executive or legislative powers and is a symbol of national unity. The majority of the powers of the monarch are performed on the advice of ministers or government officials.
The Kingdom of Lesotho was formed in the 1820s by King Moshoeshoe.
The role of the monarch in Lesotho has evolved since the country's independence from Britain in 1966. Initially, the monarch had more discretionary powers, but with the 1993 constitution, the powers shifted to the Prime Minister, who now exercises most of the prerogative powers of the King.
