The Council of State

95. The Council of State (1) There shall be in and for Lesotho a Council (to be styled the Council of State) to assist the King in the discharge of his functions and to exercise such other functions as are conferred by this Constitution. (2) The Council of State shall consist of - (a) the Prime Minister; (b) the Speaker of the National Assembly; (c) two judges or former judges of the High Court or Court of Appeal who shall be appointed by the King on the advice of the Chief Justice; (d) the Attorney-General; (e) the Commander of the Defence Force; (f) the Commissioner of Police; (g) a Principal Chief who shall be nominated by the College of Chiefs; Page 55 (h) two members of the National Assembly appointed by the Speaker from among the members of the opposition party or parties. In making this appointment the Speaker shall appoint the leader of the opposition and the leader of the opposition party or coalition of parties having the next greatest numerical strength. If there is only one opposition party the Speaker shall appoint another member of that party; (i) not more than three persons who shall be appointed by the King on the advice of the Prime Minister, by virtue of their special expertise, skill or experience: Provided that no person shall be appointed under this paragraph if he is disqualified to be elected as a member of the National Assembly under section 59 of this Constitution; (j) a member of the legal profession in private practice who shall be nominated by the Law Society established by the Law Society Act 1983, or by some other professional body established under any law replacing the Law Society Act 1983. (3) A person who is not a citizen of Lesotho shall not be eligible to sit as a member of the Council of State. (4) Subject to subsection (5), a member of the Council of State referred to in subsection (2)(c), (g), (i) or (j) shall hold office for a period of six years but shall be eligible for re- appointment as a member of the Council of State. (5) A member of the Council of State shall vacate his office - (a) in the case of a member referred to in subsection (2)(a), (b), (d), (e) or (f), if he ceases to hold the office by virtue of which he became such a member; (b) in the case of a member referred to in subsection (2)(c) if the King, acting in accordance with the advice of the Chief Justice, so directs; (c) in the case of a member referred to in subsection (2)(g), if he is removed by the College of Chiefs; (d) in the case of a member referred to in subsection (2)(h), if he ceases to be such leader as is mentioned in subsection (2)(h) or when the National Assembly first meets after a dissolution of Parliament, whichever first occurs; (e) in the case of a member referred to in subsection (2)(i), if he is removed by the King on the advice of the Prime Minister: Provided that the provisions section 142(4) to (7) shall apply to any such member as they apply to a person holding the office of Auditor-General; (f) in the case of a member referred to in subsection (2)(j) if he is removed by the Law Society or such other professional body as is mentioned in subsection (2)(j). (6) The quorum of the Council of State is eight and subject thereto the Council may act notwithstanding any vacancy in its membership. (7) Meetings of the Council of State shall be summoned by the King and its advice shall be tendered in writing. (8) If the King does not call a meeting of the Council of State for consideration of any matter on which the advice of the Council is required, the Prime Minister shall summon a meeting of the Council of State, failing which any member of the Council, supported by Page 56 not less than seven other members, may call a meeting of the Council of State. (9) The King may attend any meeting of the Council and, if he does attend, shall preside; in the absence of the King the Prime Minister or such other member as may be prescribed by its rules of procedure shall preside at meetings of the Council. (10) The Council of State may request any public officer or any other person holding or acting in any office established by or under this Constitution or any authority so established to assist it in the exercise of its functions (whether by way of attendance before the Council or otherwise) and any such officer or authority shall comply with any such request. (11) Subject to the provisions of this section, the Council of State may regulate its own procedure.