GB 0101 ICS 129 - Lesotho Constitution, 1992

Identity area

Reference code

GB 0101 ICS 129

Title

Lesotho Constitution, 1992

Date(s)

  • 1992 (Creation)

Level of description

Extent and medium

1 file (14pp)

Context area

Name of creator

Biographical history

On October 4, 1966, the Kingdom of Lesotho attained full independence, governed by a constitutional monarchy with a bicameral parliament consisting of a Senate and an elected National Assembly. Early results of the first post-independence elections in January 1970 indicated that the Basotho National Party (BNP) might lose control. Under the leadership of Prime Minister Chief Leabua Jonathan, the ruling BNP refused to cede power to the rival Basotholand Congress Party (BCP), although the BCP was widely believed to have won thee elections. Citing election irregularities, Prime Minister Leabua Jonathan nullified the elections, declared a national state of emergency, suspended the constitution, and dissolved the Parliament. In 1973, an appointed Interim National Assembly was established. With an overwhelming pro-government majority, it was largely the instrument of the BNP, led by Prime Minister Jonathan. In addition to the Jonathan regime's alienation of Basotho powerbrokers and the local population, South Africa had virtually closed the country's land borders because of Lesotho support of cross-border operations of the African National Congress (ANC). Moreover, South Africa publicly threatened to pursue more direct action against Lesotho if the Jonathan government did not root out the ANC presence in the country. This internal and external opposition to the government combined to produce violence and internal disorder in Lesotho that eventually led to a military takeover in 1986.
Under a January 1986 Military Council decree, state executive and legislative powers were transferred to the King who was to act on the advice of the Military Council, a self-appointed group of leaders of the Royal Lesotho Defense Force (RLDF). A military government chaired by Justin Lekhanya ruled Lesotho in coordination with King Moshoeshoe II and a civilian cabinet appointed by the King.
In February 1990, King Moshoeshoe II was stripped of his executive and legislative powers and exiled by Lekhanya, and the Council of Ministers was purged. Lekhanya accused those involved of undermining discipline within the armed forces, subverting existing authority, and causing an impasse on foreign policy that had been damaging to Lesotho's image abroad. Lekhanya announced the establishment of the National Constituent Assembly to formulate a new constitution for Lesotho with the aim of returning the country to democratic, civilian rule by June 1992. Before this transition, however, Lekhanya was ousted in 1991 by a mutiny of junior army officers that left Phisoane Ramaema as Chairman of the Military Council.
Because Moshoeshoe II initially refused to return to Lesotho under the new rules of the government in which the King was endowed only with ceremonial powers, Moshoeshoe's son was installed as King Letsie III. In 1992, Moshoeshoe II returned to Lesotho as a regular citizen until 1995 when King Letsie abdicated the throne in favor of his father. After Moshoeshoe II died in a car accident in 1996, King Letsie III ascended to the throne again.
In 1993, a new constitution was implemented leaving the King without any executive authority and proscribing him from engaging in political affairs. Multiparty elections were then held in which the BCP ascended to power with a landslide victory. Prime Minister Ntsu Mokhehle headed the new BCP government that had gained every seat in the 65-member National Assembly. In early 1994, political instability increased as first the army, followed by the police and prisons services, engaged in mutinies. In August 1994, King Letsie III, in collaboration with some members of the military, staged a coup, suspended Parliament, and appointed a ruling council. As a result of domestic and international pressures, however, the constitutionally elected government was restored within a month.

Archival history

GB 0101 ICS 129 1992 Collection (fonds) 1 file (14pp) Qhobela , Maselebalo L G , fl 1992

On October 4, 1966, the Kingdom of Lesotho attained full independence, governed by a constitutional monarchy with a bicameral parliament consisting of a Senate and an elected National Assembly. Early results of the first post-independence elections in January 1970 indicated that the Basotho National Party (BNP) might lose control. Under the leadership of Prime Minister Chief Leabua Jonathan, the ruling BNP refused to cede power to the rival Basotholand Congress Party (BCP), although the BCP was widely believed to have won thee elections. Citing election irregularities, Prime Minister Leabua Jonathan nullified the elections, declared a national state of emergency, suspended the constitution, and dissolved the Parliament. In 1973, an appointed Interim National Assembly was established. With an overwhelming pro-government majority, it was largely the instrument of the BNP, led by Prime Minister Jonathan. In addition to the Jonathan regime's alienation of Basotho powerbrokers and the local population, South Africa had virtually closed the country's land borders because of Lesotho support of cross-border operations of the African National Congress (ANC). Moreover, South Africa publicly threatened to pursue more direct action against Lesotho if the Jonathan government did not root out the ANC presence in the country. This internal and external opposition to the government combined to produce violence and internal disorder in Lesotho that eventually led to a military takeover in 1986.
Under a January 1986 Military Council decree, state executive and legislative powers were transferred to the King who was to act on the advice of the Military Council, a self-appointed group of leaders of the Royal Lesotho Defense Force (RLDF). A military government chaired by Justin Lekhanya ruled Lesotho in coordination with King Moshoeshoe II and a civilian cabinet appointed by the King.
In February 1990, King Moshoeshoe II was stripped of his executive and legislative powers and exiled by Lekhanya, and the Council of Ministers was purged. Lekhanya accused those involved of undermining discipline within the armed forces, subverting existing authority, and causing an impasse on foreign policy that had been damaging to Lesotho's image abroad. Lekhanya announced the establishment of the National Constituent Assembly to formulate a new constitution for Lesotho with the aim of returning the country to democratic, civilian rule by June 1992. Before this transition, however, Lekhanya was ousted in 1991 by a mutiny of junior army officers that left Phisoane Ramaema as Chairman of the Military Council.
Because Moshoeshoe II initially refused to return to Lesotho under the new rules of the government in which the King was endowed only with ceremonial powers, Moshoeshoe's son was installed as King Letsie III. In 1992, Moshoeshoe II returned to Lesotho as a regular citizen until 1995 when King Letsie abdicated the throne in favor of his father. After Moshoeshoe II died in a car accident in 1996, King Letsie III ascended to the throne again.
In 1993, a new constitution was implemented leaving the King without any executive authority and proscribing him from engaging in political affairs. Multiparty elections were then held in which the BCP ascended to power with a landslide victory. Prime Minister Ntsu Mokhehle headed the new BCP government that had gained every seat in the 65-member National Assembly. In early 1994, political instability increased as first the army, followed by the police and prisons services, engaged in mutinies. In August 1994, King Letsie III, in collaboration with some members of the military, staged a coup, suspended Parliament, and appointed a ruling council. As a result of domestic and international pressures, however, the constitutionally elected government was restored within a month.

The source of acquisition by ICS is not known

Letters from Mrs Maselebalo L G Qhobela, Butha-Buthe, Lesotho, to Baroness Chalker of Wallasey, Minister of State UK Foreign and Commonwealth Office, urging the immediate restoration of King Moshoeshoe II of Lesotho, before the country's forthcoming elections.

Chronological

Open although advance notice should be given. Access to individual items may be restricted under the Data Protection Act or the Freedom of Information Act.

A photocopying service is available, at the discretion of the ICS Library staff. Copies are supplied solely for research or private study. Requests to publsuh, or to quote from original material should be submitted to the Information Resources Manager.
English

None

Presumed to be held in Foreign and Commonwealth Office files.

ICS holds correspondence and papers of Bernard Leeman on planned coup against the Prime Minister of Lesotho, Chief Leabua Jonathan, 1970 (ICS 46).

Compiled by Alan Kucia as part of the RSLP AIM25 Project. General International Standard Archival Description ISAD(G), 2nd edition, 2000. National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997. Oct 2001 Chalker , Lynda , b 1942 , Baroness Chalker of Wallasey , politician Constitutional law Constitutions Elections Electoral systems Foreign and Commonwealth Office Government Internal politics Lesotho Monarchy Moshoeshoe II , 1938-1996 , King of Lesotho Political systems Public administration Public law Qhobela , Maselebalo L G , fl 1992 Southern Africa

Immediate source of acquisition or transfer

The source of acquisition by ICS is not known

Content and structure area

Scope and content

Letters from Mrs Maselebalo L G Qhobela, Butha-Buthe, Lesotho, to Baroness Chalker of Wallasey, Minister of State UK Foreign and Commonwealth Office, urging the immediate restoration of King Moshoeshoe II of Lesotho, before the country's forthcoming elections.

Appraisal, destruction and scheduling

Accruals

System of arrangement

Chronological

Conditions of access and use area

Conditions governing access

Open although advance notice should be given. Access to individual items may be restricted under the Data Protection Act or the Freedom of Information Act.

Conditions governing reproduction

A photocopying service is available, at the discretion of the ICS Library staff. Copies are supplied solely for research or private study. Requests to publsuh, or to quote from original material should be submitted to the Information Resources Manager.

Language of material

  • English

Script of material

  • Latin

Language and script notes

English

Physical characteristics and technical requirements

ICS holds correspondence and papers of Bernard Leeman on planned coup against the Prime Minister of Lesotho, Chief Leabua Jonathan, 1970 (ICS 46).

Finding aids

None

Allied materials area

Existence and location of originals

Existence and location of copies

Related units of description

Related descriptions

Publication note

Notes area

Note

Alternative identifier(s)

Access points

Place access points

Name access points

Genre access points

Description control area

Description identifier

Institution identifier

Institute of Commonwealth Studies

Rules and/or conventions used

General International Standard Archival Description ISAD(G), 2nd edition, 2000. National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.

Status

Level of detail

Dates of creation revision deletion

Language(s)

  • English

Script(s)

    Sources

    Accession area