MASERU – A civil society group, the Advocates for the Supremacy of the Constitution (SECTION 2), has welcomed a recent High Court judgment that reaffirmed the supremacy of the Constitution of Lesotho while also raising serious concerns about the conduct of Finance Minister Retšelisitsoe Matlanyane.
In a statement issued on March 8, SECTION 2 said it had carefully studied the judgment delivered on March 5, 2026 in the case involving Teboho Mojapela and others against the Speaker of the National Assembly and several respondents.
The organisation said the court’s decision strongly reaffirmed a foundational constitutional principle contained in Section 2 of the Constitution of Lesotho, namely that the Constitution is the supreme law of the land and binds all branches of government including the Executive, the Judiciary, and Parliament.
According to SECTION 2, the ruling serves as a reminder that while Parliament is an independent and co-equal branch of government, its independence does not place it above the Constitution.
“The court’s ruling underscores a vital constitutional truth that Parliament does not have a right to disobey the Constitution,” the organisation said in its statement.
The court also held that a majority vote in Parliament cannot be used to defeat a clear constitutional obligation, particularly when the Constitution itself requires specific legislative action.
SECTION 2 said the judgment reinforces the role of the courts as the ultimate guardians of the Constitution. The organisation noted that the judiciary has both the authority and the duty to intervene when constitutional obligations are ignored by any branch of government.
The group added that the ruling strengthens its resolve to continue monitoring Parliament’s compliance with constitutional duties.
However, beyond welcoming the judgment, SECTION 2 also expressed what it described as “grave concern” regarding the conduct of the Minister of Finance, Dr Matlanyane.
The organisation argued that the minister has repeatedly failed to properly account to Parliament for the utilisation of previously approved public funds. According to the group, this failure constitutes a serious breach of fiduciary responsibilities associated with the office of Minister of Finance.
Under Lesotho’s constitutional and financial management framework, the Minister of Finance serves as the custodian of the Consolidated Fund and other public monies. The office is responsible for ensuring transparent and accountable management of state resources in accordance with the Public Financial Management and Accountability Act.
SECTION 2 said repeated non-compliance with parliamentary accountability requirements undermines transparency and exposes public funds to unacceptable risk.
The organisation further stated that when assuming office, a minister takes an oath to uphold and defend the Constitution and to execute duties faithfully in accordance with its provisions.
It argued that persistent failure to meet constitutional and statutory accountability obligations may amount to a violation of that oath.
“The Minister’s conduct directly contravenes the supreme law she is sworn to protect,” the statement said.
The High Court judgment that prompted the statement has drawn significant attention in legal and political circles, particularly because it deals with the limits of parliamentary authority and the duty of lawmakers to comply with constitutional requirements.
The case is expected to influence future debates on governance, parliamentary conduct, and accountability within Lesotho’s constitutional framework.
