…as it boycotts national reforms
Mohloai Mpesi
OPPOSITION parties have petitioned the Southern African Development Community (SADC), accusing the government of systematically defying binding court orders and undermining the rule of law, while simultaneously pursuing constitutional reforms.
The opposition argues that the government’s continued “disregard”for judicial decisions has eroded the very constitutional principles that the ongoing reforms are intended to strengthen.
The Lesotho Times has seen a letter written by the Leader of the Opposition in Parliament, Mathibeli Mokhothu, addressed to SADC Executive Secretary, Elias Magosi.
The petition was submitted ahead of Prime Minister Sam Matekane’s planned attendance at the 46th Ordinary SADC Summit of Heads of State and Government, scheduled for 17 August 2026 at the Durban International Convention Centre in South Africa.
The summit will be held under the theme, “Resilient, Sustainable and Inclusive Industrialisation through Infrastructure Development, Agricultural and Critical Minerals Transformation in Pursuit of a Just World”.
South African President, Cyril Ramaphosa, will host and chair the summit, marking the beginning of South Africa’s one-year tenure as SADC chairperson. The meeting follows the 45th summit in Madagascar last year and comes as the regional bloc continues to grapple with instability in some member states.
Mr Mokhothu, who is also leader of the Democratic Congress (DC), said the government’s persistent failure to comply with court orders threatened both judicial independence and the constitutional framework the reforms were designed to strengthen.
“It is out of our commitment to these shared values that we consider it necessary to seek the attention and intervention of SADC. Your Excellency will recall that the multi-sector national reforms process was initiated with the support of SADC following periods of political and constitutional instability in Lesotho.
“The reforms were intended to strengthen constitutional governance, entrench the rule of law, reinforce the independence of democratic institutions and prevent future constitutional crises.
“These objectives cannot be realised where binding decisions of the courts are disregarded by state institutions. The continued failure to implement judicial decisions threatens not only the authority of the courts but also the constitutional architecture that the reforms seek to strengthen.”
He added: “Respect for judicial authority is an indispensable component of democratic governance and is consistent with the principles and objectives contained in the SADC Treaty, the SADC Principles and Guidelines Governing Democratic Processes, and the broader regional commitment to constitutionalism, good governance and the rule of law.”
Organ institutions
Mr Mokhothu cited the case of Ombudsman Advocate Tlotliso Polaki, who remains locked out of her office despite a Constitutional Court order allowing her to continue serving pending the final determination of her case.
The dispute stems from the Tenth Amendment to the Constitution, which provides that office holders affected by the transition remain in office until the process is completed.
“Recent developments reveal an alarming pattern of non-compliance with court orders, including the following: on 29 June 2026, the Constitutional Court in Adv Tlotliso Polaki (Ombudsman) vs The Prime Minister and Others (CC 0005/2026) ordered that the Ombudsman continue serving in office pending the final determination of the matter.
“Despite this binding order, she remains unable to access her office after the office locks were changed, thereby preventing her from discharging her constitutional mandate.”
This is not the first time Mr Mokhothu has raised these concerns.
In a three-page letter to Parliament dated 20 July 2026, he catalogued what he described as a growing list of unimplemented court orders, accusing the Revolution for Prosperity (RFP)-led coalition government of mounting a sustained assault on the Constitution and steering the country towards authoritarianism.
He also cited the case of Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, who has been suspended and locked out of her office since September last year.
“On 25 September 2025, the Constitutional Court in The Law Society vs The Prime Minister and Others (CC/0016/2025) declared the suspension of the Director of Public Prosecutions, Adv Hlalefang Motinyane, unlawful and ordered her reinstatement.
“Upon reporting for duty, she was reportedly denied access to her office after the office locks had been changed. Although she was subsequently suspended through Legal Notice No. 141 of 2025, that suspension remains the subject of pending litigation while the original judgment has never been meaningfully implemented.”
Mr Mokhothu further cited the case of former Revenue Services Lesotho (RSL) Commissioner General ‘Mathabo Mokoko, who obtained a Labour Court order reinstating her pending the determination of her case.
“On 17 December 2025, the Labour Court in Adv ‘Mathabo Mokoko vs The RSL Board and 8 Others (LC/106/2025) ordered the reinstatement of the Commissioner General of Revenue Services Lesotho pending determination of the principal application. That order remains unimplemented.
“On 7 November 2025, the Court of Appeal in Lietsiso Mothala and 76 Others vs Director General, National Security Service and Others (C of A (CIV) 60/2025) ordered the reinstatement of 77 National Security Service officers. That judgment likewise remains unimplemented.
“Despite an order of the Labour Court issued on 2 July 2026 in ‘Mating Mahooana vs The Principal Secretary, Local Government and Others (LC/28/2026), Ms Mahooana was dismissed from the Public Service in circumstances inconsistent with the court’s order.”
Opposition pulls out of reforms
In a separate letter addressed to Prime Minister Sam Matekane, Mr Mokhothu announced that the opposition was suspending its participation in the national reforms process, including all meetings, consultations and related engagements.
The national reforms process began in 2016 after SADC intervened to help Lesotho address recurring political and security instability, including the attempted military coup of 2014 and a series of politically motivated killings. The reforms have suffered repeated delays and are currently being pursued through the Omnibus Constitutional Bill under the RFP-led coalition government.
“Accordingly, I hereby formally communicate that, with immediate effect, the Opposition is suspending its participation in all national reforms processes, including all reform-related meetings, consultations and engagements, until such time as the Government fully complies with all outstanding court orders.
“This decision reflects the Opposition’s firm position that meaningful constitutional reform cannot proceed in an environment where binding judicial decisions are openly disregarded.
“The Opposition cannot, in good conscience, continue to participate in a process intended to strengthen constitutional democracy while the Government itself demonstrates contempt for the rule of law and the authority of the courts. Continued participation under these circumstances would undermine the credibility and legitimacy of the reforms process and compromise the very constitutional principles that the reforms are intended to uphold.”
Opposition closes ranks against govt
The opposition yesterday convened a joint press conference in Maseru, where party leaders accused the government of violating the Tenth Amendment to the Constitution Act, 2025.
All Basotho Convention (ABC) leader Nkaku Kabi said the government had delayed implementing the constitutional transition despite the amendment having been enacted a year ago.
“The government is not serious about the national reforms. The Tenth Amendment was enacted in August 2025; it is now 2026, 12 months on. It is clear which institutions should be formed for the reforms to be implemented smoothly.
“The government has not even allocated a budget for the reforms. We support the reforms, but the people we are relying on to implement them are not ready. This government is run by law-breakers, yet we are a nation governed by law. Institutions meant to protect the law are keeping quiet and watching.”
He said the government’s refusal to obey court orders risked plunging the country into lawlessness.
“Various court orders have been issued, but the government has chosen to disregard them, yet it is the government’s duty to uphold the rule of law. It is not too late; we must first complete the Tenth Amendment and move on to the Eleventh, then turn to development.”
Basotho National Party (BNP) leader Machesetsa Mofomobe said the opposition wanted Lesotho returned to SADC’s Troika agenda after it was removed following the enactment of the Tenth Amendment in August 2025.
“We are asking to be returned to the SADC Troika through this letter because SADC ought to know what is happening as part of the reforms process.”
Mr Mofomobe also criticised Deputy Prime Minister Nthomeng Majara, a former Chief Justice, accusing her of failing to defend the rule of law.
“The woman who swore she would leave the government the moment it defied a court order is now leading that very defiance. Everyone expects better from a former Chief Justice.
“It is wrong for police officers to be used this way. The DPP was locked out by police, and the Ombudsman was locked out on the instruction of the Minister of Law and Justice, who directed office official ‘Mabasia Lepota to lock her out. We cannot defend this Constitution today, yet expect it to defend us in future.”
Popular Front for Democracy (PFD) MP Advocate Lekhetho Rakuoane said the Ombudsman’s dispute centred on the Tenth Amendment’s transition provisions.
“The Tenth Amendment is at the heart of the Ombudsman’s case because it grants her a transition period. This is not simply a legal dispute — the amendment itself is being violated.
“The Ombudsman argues that a transition exists and that the Prime Minister knew she would remain in office during that period. Parliament made that law, and it should carry authority. Yet the government invokes the Tenth Amendment only when convenient. The law seems to apply only when a judge speaks.
“I worry whether we will even go to elections under these conditions. Will the government respect the outcome of elections when it will not respect court orders?”
State capture
Mpulule Political Summit leader Remaketse Sehlabaka accused the government of capturing key public institutions.
“The Prime Minister is completely silent while the public is being persecuted. The government has captured all institutions, including public ones. I expect the Law Society to act, since it is meant to be the guardian of the law, but I fear no one is willing to come forward.
“We are heading toward a trajectory where this country could face an uprising, and we would not know how to stop it because there would be no Ombudsman to turn to.”
He said opposition leaders had repeatedly advised Mr Matekane without success.
“We have advised Mr Matekane man to man. He has never once chaired the leaders’ meetings himself; he is always represented by the former Chief Justice. This nation has been captured. I have never seen a leader violate human rights, national laws and his oath so freely.”
A flawed government
United Africans Transformation (UAT) leader, Dr Mahali Phamotse, said the government had displayed authoritarian tendencies from the outset.
“I have always said this is a flawed government. Signs of lawlessness were there from the early days of the RFP, when it blocked its own nominated constituency candidates from standing for election. That showed the Constitution was never their guiding book.
“The Constitution is meant to protect those who are not in power. When you see signs of dictatorship in someone seeking office, without regard for the Constitution, that is wrong. Ms Majara once said they would trample on the Constitution and end democracy.
“The signs were always there, and we ignored them, perhaps out of political expediency, believing things would improve — not knowing we were heading for the worst situation yet.
“When we talk about a flawed government, we mean one that is failing at the very things it is meant to deliver — economic growth and job creation — because everything is being decided by the executive alone.”
Contacted for comment, Prime Minister’s Press Attache, Thapelo Mabote, confirmed receipt of the opposition’s letter but said Mr Matekane would respond accordingly.
