Section 2 Blasts 'State Of Disaster'

(MENAFN- The Post) MASERU – SECTION 2, an advocacy group that seeks to defend the Constitution, has criticised the government's decision this week to declare unemployment a state of disaster calling the move“legally untenable”.

Acting Prime Minister Justice Nthomeng Majara issued the gazette on Monday declaring youth unemployment and the widespread job losses in Lesotho a state of national disaster.

The gazette says the declaration was being made in line with Section 3 of the Disaster Management Act of 1977.

It states that the Deputy Prime Minister was declaring a state of disaster on the socio-economic effects of high rates of youth unemployment and job losses, which threaten the livelihood of Basotho.

The declaration is set to remain in force for a period of two years, effective from the date of publication to 30th June 2027.

In a statement issued yesterday, Section 2 said the promulgation of Legal Notice No. 102 of 2025 is not only unprecedented in scope, but also“legally untenable, politically expedient, and constitutionally precarious”.

The group said under Section 2 of the Disaster Management Act, 1997 (Act No. 2 of 1997), a“disaster” is clearly defined as a“progressive or sudden, widespread or localised, natural or man-made event,” including but not limited to droughts, floods, fires, snowfalls, landslides, and major accidents.

It said the legislation's focus and intent are unambiguous to address events of immediate or imminent physical disruption that demand humanitarian intervention or an emergency response.

“By contrast, youth unemployment and job losses, however regrettable and severe, do not fit the statutory construct of a“disaster” under the Act,” Section 2 said.

“These are longstanding, structural socio-economic phenomena, the cumulative outcome of policy inertia, systemic underinvestment in education and skills development and the absence of robust, inclusive labour market strategies.”

It said the challenge of youth unemployment and joblessness call for legislative and policy reforms not the“invocation of emergency powers under disaster law”.

It criticised what it called the“apparent instrumentalisation of the Disaster Management Act to circumvent normal administrative and legislative processes, centralise executive authority and potentially evade scrutiny for the government's economic and developmental failures”.

The declaration grants sweeping powers to the government for a period of two years“raising grave concerns about the normalisation of emergency governance in a constitutional democracy where checks and balances remain fragile and parliamentary oversight (is) inconsistent”.

Section 2 said if the government is convinced that the current state of the economy now constitutes a disaster, then it should amend the Disaster Management Act through“a transparent, consultative parliamentary process”.

And that any expanded executive authority should be subject to“constitutional safeguards, judicial oversight and clear limitations both in scope and time”.

Without these reforms, this week's declaration would be“unlawful and susceptible to judicial review”.

It said what Lesotho's youths need is meaningful economic empowerment, evidence-based policy reform and long-term strategic investment in their potential.

“Unemployment is not a disaster, it is a failure of governance,” Section 2 said.“And no amount of legal gymnastics can disguise that reality.”

Nkheli Liphoto

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