Constitution of Lesotho, 1993
Decision of questions as to membership of Parliament
- Jurisdiction
- Lesotho
- Provision
- 69
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source69. Decision of questions as to membership of Parliament
(1) The High Court shall have jurisdiction to hear and determine any question whether -
(a) any person is validly nominated or designated as a Senator under section 55 of this
Constitution;
(b) any person has been validly elected as a member of the National Assembly; or
(c) the seat in Senate or the National Assembly of any member thereof has become
vacant.
(2) An application to the High Court for the determination of any question under
subsection (1)(a) may be made by any Senator or by any person who is registered as an
elector in elections to the National Assembly or by the Attorney-General and, if it is made
by a person other than the Attorney-General, the Attorney-General may intervene and
may then appear or be represented in the proceedings.
(3) An application to the High Court for the determination of any question under
subsection (1)(b) may be made by any person qualified to vote in the election to which
the application relates or by the Attorney-General and, if it is made by a person other than
the Attorney-General, the Attorney-General may intervene and may then appear or be
represented in the proceedings.
(4) An application to the High Court for the determination of any question under
subsection (1)(c) may be made by any member of the National Assembly or by any
person registered as an elector in elections to the National Assembly or by the Attorney-
General and, if it is made by a person other than the Attorney-General, the Attorney-
General may intervene and may then appear or be represented in the proceedings.
(5) Parliament may make provision with respect to -
(a) the circumstances and manner in which and the conditions upon which any
application may be made to the High Court for the determination of any question
under this section; and
(b) the powers, practice and procedure of the High Court in relation to any such
application,
but, subject to any provision in that behalf made by Parliament under this subsection, the
practice and procedure of the High Court in relation to any such application shall be
regulated by rules made by the Chief Justice.
(6) The determination by the High Court of any question under this section shall not be
subject to appeal.
Source record
Source and verification
Constitution of Lesotho, 1993 · gov.ls · Retrieved 18 August 2026.
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