Transformation Resource Centre v Speaker of the National Assembly (CONSTITUTIONAL CASE 14 of 2017) [2017] LSHC 33 (7 September 2017)

Transformation Resource Centre v Speaker of the National Assembly (CONSTITUTIONAL CASE 14 of 2017) [2017] LSHC 33 (7 September 2017)

Public participation in the legislative process is not a constitutional imperative under the Constitution of Lesotho; Standing Orders are directory, not mandatory, and non-compliance does not invalidate legislation. A Bill rejected by the Senate without amendments may be presented for Royal assent without further National Assembly action. The applicants' challenge fails as the legislative process was constitutionally compliant.

Citation
[2017] LSHC 33
Parties
Applicant: Transformation Resource Centre; Applicant: Development for Peace Education; Respondent: Speaker of the National Assembly; Respondent: President of Senate; Respondent: Clerk to the National Assembly; Respondent: Minister of Law, Human Rights and Constitutional Affairs; Respondent: Senate House of Parliament; Respondent: National Assembly House of Parliament; Respondent: Portfolio Committee on Law and Public Safety of the National Assembly; Respondent: His Majesty King Letsie III; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
7 September 2017
Case Number
CONSTITUTIONAL CASE 14 of 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
Application dismissed
Legal Topics
Locus Standi, Legislative Process, Public Participation, Separation of Powers
Source Language
English
Constitutional Law Administrative Law Locus Standi Legislative Process Public Participation Separation of Powers

Case Brief

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Parties

Transformation Resource Centre

Applicant

Development for Peace Education

Applicant

Speaker of the National Assembly

Respondent

President of Senate

Respondent

Clerk to the National Assembly

Respondent

Minister of Law, Human Rights and Constitutional Affairs

Respondent

Senate House of Parliament

Respondent

National Assembly House of Parliament

Respondent

Portfolio Committee on Law and Public Safety of the National Assembly

Respondent

His Majesty King Letsie III

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether public participation in the legislative process is a constitutional imperative under the Constitution of Lesotho
  2. 2 Whether denial of public participation renders the legislative process and resulting law invalid
  3. 3 Whether a Bill rejected by the Senate without amendments must be reconsidered by the National Assembly before Royal assent

Ratio Decidendi

Public participation in the legislative process is not a constitutional imperative under the Constitution of Lesotho; Standing Orders are directory, not mandatory, and non-compliance does not invalidate legislation. A Bill rejected by the Senate without amendments may be presented for Royal assent without further National Assembly action. The applicants' challenge fails as the legislative process was constitutionally compliant.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • There is no order as to costs.