Ministers of Government of Lesotho

87. Ministers of Government of Lesotho (1) There shall be a Prime Minister who shall be appointed by the King acting in accordance with the advice of the Council of State. (2) The King shall appoint as Prime Minister the member of the National Assembly who appears to the Council of State to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the National Assembly: Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament stands dissolved, a person who was a member of the National Assembly immediately before the dissolution may be appointed to the office of Prime Page 51 Assembly immediately before the dissolution may be appointed to the office of Prime Minister. (3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of Lesotho (not being less than seven in number and one of which shall be the office of Deputy Prime Minister) as may be established by Parliament or, subject to any provision made by Parliament, by the King, acting in accordance with the advice of the Prime Minister. (4) The King shall, acting in accordance with the advice of the Prime Minister, appoint the other Ministers from among the members of the National Assembly or from among the Senators who are nominated as Senators by the King under section 55 of this Constitution: Provided that if occasion arises for making an appointment to the office of Minister other than Prime Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the National Assembly or such a Senator may be appointed to the office of Minister. (5) The King may, acting in accordance with the advice of the Council of State, remove the Prime Minister from office - (a) if a resolution of no confidence in the Government of Lesotho is passed by the National Assembly and the Prime minister does not within three days thereafter, either resign from his office or advise a dissolution of Parliament; or (b) if at any time between the holding of a general election to the National Assembly and the date on which the Assembly first meets thereafter, the King considers that, in consequence of changes in the membership of the Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the Assembly. (6) The office of the Prime Minister shall become vacant - (a) if he ceases to be a member of the National Assembly otherwise than by reason of a dissolution of Parliament; or (b) if, when the National Assembly first meets after a dissolution of Parliament, he is not then a member thereof. (7) The office of a Minister other than the Prime Minister shall become vacant - (a) if he ceases to be a member of either House of Parliament otherwise than by reason of a dissolution of Parliament; or (b) if he becomes a Senator other than a Senator nominated under section 55 of this Constitution; or (c) if, when the two Houses of Parliament first meet after a dissolution he is not then either a member of the National Assembly or a Senator nominated under section 55 of this Constitution; or (d) if the King, acting in accordance with the advice of the Prime Minister, so directs; or (e) if the Prime Minister resigns from office within three days after the passage by the National Assembly of a resolution of no confidence in the Government of Lesotho or Page 52 National Assembly of a resolution of no confidence in the Government of Lesotho or is removed from office under subsection (5); or (f) on the appointment of any person to the office of Prime Minister. (8) A resolution of no confidence in the Government of Lesotho shall not be effective for the purposes of subsections (5)(a) and (7)(e) unless it proposes the name of a member of the National Assembly for the King to appoint in the place of the Prime Minister.