Constitution of Lesotho, 1993
Exercise of the King's functions
THE EXECUTIVE Contents
- Jurisdiction
- Lesotho
- Provision
- 91
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source91. Exercise of the King's functions
(1) Subject to the provisions of section 137(4) of this Constitution, the King shall, in the
exercise of his functions under this Constitution or any other law, act in accordance with
the advice of the Cabinet or a Minister acting under the general authority of the Cabinet
except in cases where he is required by this Constitution or any other law to act in
accordance with the advice of any person or authority other than the Cabinet.
(2) Where the King is required by this Constitution to do any act in accordance with the
advice of the Council of State and the Council of State is satisfied that the King has not
done that act, the Council of State may inform the King that it is the intention of the
Council of State to do that act after the expiration of a period to be specified by the
Council of State, and if at the expiration of that period the King has not done that act, the
Council of State may do that act themselves and shall, at the earliest opportunity
thereafter, report the matter to Parliament; and any act so done by the Council of State
shall be deemed to have been done by the King and to be his act.
(3) Where the King is required by this Constitution to do any act in accordance with the
advice of any person or authority other than the Council of State, and the Prime Minister
is satisfied that the King has not done that act, the Prime Minister may inform the King that
it is the intention of the Prime Minister to do that act himself after the expiration of a period
to be specified by the Prime Minister, and if at the expiration of that period the King has
not done that act the Prime Minister may do that act himself and shall, at the earliest
opportunity thereafter, report the matter to Parliament; and any act so done by the Prime
Minister shall be deemed to have been done by the King and to be his act.
(4) No act of the King shall be valid to the extent that it is inconsistent with an act deemed
to be his act by virtue of subsection (2) or (3).
(5) Without prejudice to the generality of section 155(8) of this Constitution, where the
King is required by this Constitution to act in accordance with the advice of any person or
authority, the question whether he has received or acted in accordance with such advice
shall not be enquired into in any court.
(6) in this section, references to a requirement in this Constitution to act in accordance
with the advice of some person or authority include references to the advice of, and a
recommendation by a tribunal and to the appointment to a tribunal of persons selected by
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recommendation by, a tribunal and to the appointment to a tribunal of persons selected by
any person or authority and any such reference shall be construed as a requirement to
act in accordance with such advice, recommendation or selection.
Source record
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Constitution of Lesotho, 1993 · gov.ls · Retrieved 18 August 2026.
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