(MENAFN- The Post) AN opposition MP on Monday brought a private member's Bill to parliament in a push to enact a law that will specify which positions should not be given to naturalised Basotho.
Lebohang Hlaele, who is the secretary-general of the All Basotho Convention (ABC), brought the Bill to the House.

Speaker of Parliament Tlohang Sekhamane did not make the MPs vote through the ballot to ascertain the majority instead he asked those who agreed with Hlaele's motion to say“ay” and those who opposed it to say“no”.

The motion received a strong resounding of“ay”.

The case arose in the run-up to last year's general elections after a Mosotho of Chinese descent, Zhen Yu Shao, who was the leader of Basotho Pele Party, stood in the elections as a candidate.

A group of Basotho then challenged Shao's candidature arguing that a Mosotho of Chinese descent did not qualify to stand in the elections.
The Constitutional Court dismissed the main case against Shao's candidature but directed parliament to enact a law that would specify which positions should not be given to naturalised Basotho.

A coram of three Constitutional Court judges, Justices Molefi Makara, Moroke Mokhesi, and 'Mabatšoeneng Hlaele ruled that parliament should specify which positions should not be held by naturalised Basotho.

After Hlaele tabled the motion on Monday for debate, Social Development Minister Pitso Lesaoana, who was representing the government, opposed the motion.
Lesaoana argued that the government was already working on the Bill and therefore there was no need for parliament to entertain Hlaele's motion.
But Hlaele reasoned that the case had been directed by the courts and the House was bound to heed the court's order or else it would be in contempt.
Hlaele said the amendment will clarify if some categories of naturalised people can contest for the elections,“like Shao who had money to do everything, he stood a chance to be prime minister”.

He argued that some positions of significance should be preserved for indigenous Basotho.

“Justice Makara's judgement instructs this parliament to specify the positions that are prohibited from being occupied by foreigners,” Hlaele said.
The Basotho National Party (BNP) leader, Machesetsa Mofomobe, seconded the motion.

Mofomobe said the motion is important and the House should accept it.
He said it should be determined who qualifiesto be called a Mosotho.

“The naturalised citizens can even vote here in Lesotho,” Mofomobe said.

Mofomobe said the amendment will help to state that one cannot be a prime minister if naturalised.

“We should know even the businesses that are supposed to be occupied by the indigenous or the naturalised,” he said.

Lesaoana said the government is working on the Bill in which it had identified certain key positions that should be reserved for indigenous Basotho.
These included positions such as that of Speaker of Parliament, Deputy Speaker and the clerk of Parliament.

“There is no need to bring a private members Bill,” Lesaoana said.

“We are already 90 percent done with the progress on this matter,” he said.

It is not yet clear which other positions the government wants blocked from naturalised Basotho.
The Popular Front for Democracy (PFD) leader, Advocate Lekhetho Rakuoane, said parliament is bound by the court judgement.

“We do not want to appear to be defying court orders,” Rakuoane said.

Rakuoane said the private member's Bill would help the government as both sides want to accomplish the same goal.

“We cannot stop that court order in here,” he said.

Professor Nqosa Mahao, who joined the government two weeks ago, said“the laws need to be revisited to suit Basotho”.
Professor Mahao, leader of the Basotho Action Party (BAP), said“the government does not have valid reasons to refuse this amendment, especially when it comes from a court judgement”.

The motion also came after the previous two governments appointed foreigners to hold critical positions in government.
The first was Prime Minister Thomas Thabane's administration where he appointed controversial members of the Indian Gupta family to represent Lesotho abroad as trade advisers during his 2012 government.

The second one was the appointment of a Mosotho of Chinese descent, John Xie, as Thabane's economic adviser during his 2017 government.
Both appointments caused uproar in political circles, with the opposition accusing Thabane of selling Lesotho to foreigners.

Nkheli Liphoto

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