Constitution of Lesotho, 1993
Interpretation
MISCELLANEOUS Contents
- Jurisdiction
- Lesotho
- Provision
- 154
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source154. Interpretation
(1) In this Constitution, unless the context otherwise requires -
"Chief" does not include the King but includes Principal Chief, and Headman and any
other chief whose office is recognised by section 103(1) of this Constitution, and
references to a Chief are references to the person who, under the law for the time being in
force in that behalf, is recognised as entitled to exercise the functions of the office of that
Chief;
"Commonwealth" means Lesotho and any country recognised by the Commonwealth
Secretariat situated in London as a member of the Commonwealth and any dependency
of any such country;
"court-martial" means any court-martial established by Parliament under section 127 of
this Constitution;
"customary law" means the customary law of Lesotho for the time being in force subject to
any modification or other provision made in respect thereof by any Act of Parliament;
"financial year" means the period of twelve months ending on 31st March in any year or
on such other day as Parliament may prescribe;
"high judicial office" means the office of a judge of a court of unlimited jurisdiction in civil
and criminal matters in some part of the Commonwealth or in any country outside the
Commonwealth that may be prescribed by Parliament or the office of a judge of a court
having jurisdiction in appeals from such a court;
"Gazette" means the Lesotho Government Gazette;
"law" includes -
(i) any instrument having the force of law made in exercise of a power conferred by a
law; and
(ii) the customary law of Lesotho and any other unwritten rule of law,
and "lawful" and "lawfully" shall be construed accordingly;
"local authority" means a person or body of persons established by law, responsible for
the administration of local government or of local affairs, and shall include a chief;
"oath" includes affirmation;
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"oath of allegiance" means the oath of allegiance set out in Schedule 3 to this
Constitution or such other oath as may be prescribed by Parliament;
"Principal Chief" means a chief whose office is among those set out in Schedule 2 to this
Constitution;
"public office" means any office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"public service" means, subject to the provisions of this section, the service of the King in
respect of the government of Lesotho;
"session" means the period beginning when the two Houses of Parliament first
meet after the coming into operation of this Constitution or after Parliament has at any,
time been prorogued or dissolved and ending when Parliament is prorogued or when
Parliament is dissolved without having been prorogued;
"sitting" means, in relation to a House of Parliament, the period during which that House
is sitting continuously without adjournment and includes any period during which it is in
committee;
"subordinate court" means any court of law established for Lesotho other than-
(a) the Court of Appeal;
(b) the High Court;
(c) a court-martial; and
(d) a tribunal exercising a judicial function.
(2) Unless otherwise indicated, any reference in this Constitution to -
(a) a section, Chapter or Schedule shall be read and construed as a reference to a
section or Chapter of or Schedule to this Constitution;
(b) a subsection shall be read and construed as a reference to a subsection of the
section in which the reference is made;
(c) a paragraph shall be read and construed as a reference to a paragraph of the
Schedule, subsection or definition in which the reference is made.
(3) In this Constitution, unless the context otherwise requires, references to an office in
the public service shall be construed as including references to the office of a judge of
Court of Appeal, of a Judge of the High Court and the office of a member of any
subordinate court or tribunal (being an office the emoluments attaching to which, or any
part of the emoluments attaching to which, are paid directly out of the monies provided by
Parliament) but shall not be construed as including references to the office of assessor in
any court.
(4) In this Constitution references to a public office shall not be construed as including -
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(a) references to the office of King, the Regent, the President or Speaker or the Vice-
President or Deputy Speaker of either House of Parliament, the Prime Minister or
any other Minister, an Assistant Minister or a member of either House of Parliament;
or
(b) references to the office of a member of the Public Service Commission or the
Judicial Service Commission, a member of the Council of State, a Chief or a
member of the College of Chiefs; or
(c) save in so far as may be provided by Parliament, references to the office of a
member of any other council, board, panel, committee or other similar body
(whether incorporated or not) established by or under any law.
(5) In this Constitution unless the context otherwise requires,
(a) words and expressions importing the masculine gender include the feminine;
(b) words and expressions in the singular include the plural and words and
expressions in the plural include the singular;
(c) where a period of time is expressed -
(i) to begin on or to be reckoned from a particular day, that day shall not be
included in the period;
(ii) to end or to be reckoned to a particular day, that day shall be included in the
period;
(d) where the time limited for the doing of any thing expires or falls upon a Saturday,
Sunday or public holiday the time so limited shall extend to and the thing may be
done on the first following day that is not a Saturday, Sunday or public holiday.
Source record
Source and verification
Constitution of Lesotho, 1993 · gov.ls · Retrieved 18 August 2026.
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