PARLIAMENT OF THE KINGDOM OF LESOTHO
NOTICE PAPER NO. 477
Saturday, 8th July, 2022
NOTICE OF AMENDMENTS TO THE ELEVENTH AMENDMENT TO THE CONSTITUTION BILL, 2022.
Notice given on Saturday, 8th July, 2022.
Hon. Minister of Justice and Law –
- In postponed Clause 10 sub-clause 65B (2) (c), line 1, delete the words “a member” and substitute with “two members”.
- In postponed Clause 10 sub-clause 65B (2) (e), delete the whole sub-clause.
- In postponed Clause 10 sub-clause 65B (2) (f), delete the whole sub-clause and substitute with the following:
“(f) two Senators nominated by members of Senate one representing Principal Chiefs and another representing nominated members”.
- In Clause 10, after sub-clause 65A (3), add a new sub-clauses as follows:
“(4) The allocation of the budget appropriation contemplated in Section 112 of this Constitution to the Parliamentary Service shall be fixed at a percentage as may be prescribed by an Act of Parliament.
(5) The Parliamentary Service shall be self-accounting and its finances shall be subject to the law regulating public financial management”
5. In postponed Clause 20 sub-clause 96 (2) (a), line 3, delete the words “Public Service Commission” and substitute with the word “Parliament”
6. In postponed Clause 21 sub-clause 97 (2), delete the whole sub-clause and renumber sequentially.
7. In postponed Clause 21 sub-clause 97 (3) (a), line 1, before the word “recommended” insert the words “appointed by the Prime Minister from a shortlist of three names”.
8. In postponed Clause 22, delete the whole Clause and renumber sequentially.
9. In postponed Clause 23 sub-clause 93A, delete the whole sub-clause.
10. In postponed Clause 23 sub-clause 99 B-99E, delete the word “National” wherever it appears.
11. In postponed Clause 23 sub-clause 99 B(1), line 1, delete the word “a’ and substitute with the word “the” and in line 2, delete the words “Prosecuting Authority” and substitute with “the office of public prosecutions”
12. In postponed Clause 23 sub-clause 99 (c), insert new sub-clauses as follows and renumber sequentially:
“(1) The Director of Public Prosecutions shall have the following functions:
- to institute any criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed by any person;
- to take over or continue any criminal proceedings that have been instituted by any person or authority; and
- to discontinue any criminal proceedings instituted or undertaken by any other person or authority, at any state before judgment is delivered.
(2) Notwithstanding sub-section (1), nothing in this section, shall preclude a court from exercising jurisdiction in relation to any question whether the Director of Public Prosecution has exercised those functions in accordance with the law”.
13. In postponed Clause 23 sub-clause 99C (i), line 1, delete the word “The” and substitute with the word “Additional”, and in line 2, delete the words “as may be”.
14. In postponed Clause 27 sub-section 106C (2), delete the whole sub-clause.
15. In postponed Clause 28 sub-clause 116, delete sub-clauses (2), (3), (4) and (5) and renumber sequentially.
16. In postponed Clause 39 sub-clause 146 (4), line 2, delete the words “King and its advice shall be tendered in writing” and substitute with the words “Prime Minister”.
17. In postponed Clause 39, sub-clauses 146 (5) and (6), delete the whole sub-clauses and renumber sequentially.
- In postponed Clause 42 sub-clause 149N (4), line 2, delete the words “as may”.
- In postponed Clause 43 sub-clause 153A (2) (c), delete the whole sub-clause.
- In postponed Clause 43 sub-clause 153A (3), delete the whole sub-clause.
- In postponed Clause 49, insert a new Clause as follows and renumber sequentially:
“Schedule 1 of the Constitution is deleted and substituted with the following:
SCHEDULE 1 TO THE CONSTITUTION (SECTION 51)
(Oath or Affirmation for the due execution of the office of King of Lesotho)
I ___________________________do swear (or solemnly affirm) that I, in the office of King of Lesotho will, under the Constitution of Lesotho, preserve, protect and defend the said Constitution; that I will, as King, govern the people of Lesotho according to the said Constitution and other laws of Lesotho; that I will, as King preserve the character of the Monarchy as a symbol of unity of the Basotho Nation; and that I will, as King and so far as lies within my power, cause law and justice to be administered in mercy to the people of Lesotho.
So help me God.
Sworn before me at ………………… on this
the ………… day of ………………………….”
- In postponed Schedule 4, delete 1-4.