All Basotho Convention and Others v Speaker of National Assembly and Another (CONSTITUTIONAL CASE 406 of 2016) [2017] LSHC 1 (23 February 2017)

All Basotho Convention and Others v Speaker of National Assembly and Another (CONSTITUTIONAL CASE 406 of 2016) [2017] LSHC 1 (23 February 2017)

The Constitution and National Assembly Electoral Act expressly vest the power to determine and declare a vacancy of a seat in Parliament in the High Court. No law or necessary implication can confer this power on the Speaker. Any pronouncement by the Speaker on a vacancy would be inconsistent with the Constitution and therefore void.

Citation
[2017] LSHC 1
Parties
Petitioner: All Basotho Convention; Petitioner: Basotho National Party; Petitioner: Reformed Congress of Lesotho; Respondent: The Speaker of the National Assembly; Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
23 February 2017
Case Number
CONSTITUTIONAL CASE 406 of 2016
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed
Legal Topics
Separation of Powers, Vacancy of Parliamentary Seat, Principle of Legality, Statutory Interpretation
Source Language
English
Constitutional Law Parliamentary Law Separation of Powers Vacancy of Parliamentary Seat Principle of Legality Statutory Interpretation

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Parties

All Basotho Convention

Petitioner

Basotho National Party

Petitioner

Reformed Congress of Lesotho

Petitioner

The Speaker of the National Assembly

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Does the Speaker of the National Assembly have legal authority to declare a vacancy of a seat in Parliament?
  2. 2 Is the power to declare a parliamentary vacancy vested exclusively in the High Court under the Constitution and relevant statutes?

Ratio Decidendi

The Constitution and National Assembly Electoral Act expressly vest the power to determine and declare a vacancy of a seat in Parliament in the High Court. No law or necessary implication can confer this power on the Speaker. Any pronouncement by the Speaker on a vacancy would be inconsistent with the Constitution and therefore void.

Court Disposition

petition allowed

Orders

  • It is declared that the Speaker does not have the power to declare a vacancy of a seat of Parliament.
  • No order as to costs.