Event Summary
On 13 August 2025, Lesotho adopted the Tenth Amendment to the Constitution Act, 2025, with several provisions that directly affect Civil Society Organisations (CSOs).
The constitutional amendment introduces a new section 22A that directly empowers individuals acting in the public interest, or associations acting on behalf of their members or society, to approach competent courts for appropriate relief when a constitutional right is infringed or threatened. This provision significantly enhances the legal standing and capacity of CSOs to engage in public interest litigation. This fundamentally alters the policy landscape by lowering barriers to justice and strengthening the principle of rule of law and access to legal remedies. For instance, CSOs can now more readily initiate legal challenges on behalf of marginalised groups or the environment, enhancing their role as watchdogs and advocates.
The Constitutional Amendment Act also reconstitutes the Human Rights Commission, granting it a higher degree of independence from the executive branch of Government. The Commission’s functions include promoting and protecting human rights, monitoring their state, and investigating alleged violations. Its composition is intended to be representative of a broad cross-section of society, including women, people with disabilities, youth, and other marginalised groups, which aligns with the advocacy focus of many CSOs. Similarly, the Lesotho Independent Anti-Corruption and Ethics Commission is also given more independence from the Executive, bolstering efforts in areas CSOs often monitor.
The constitutional amendment further introduces a new section on the media sector, outlining general principles that recognise the media’s integral role in democratisation and development, including its function in facilitating citizen participation in public affairs. Importantly, the Media Council of Lesotho, established as an independent body to regulate the media industry, will comprise persons from various sectors, explicitly including civil society and human rights, which provides CSOs with a direct formal role in media governance in Lesotho.
The Act also outlines principles for state institutions that strengthen constitutional democracy, affirming their independence, impartiality, and accountability to Parliament. Furthermore, principles governing public administration now explicitly include encouraging public participation in policy-making and ensuring responsiveness to people’s needs, directly endorsing a key function of CSOs in promoting inclusive governance.
To ensure the Amendment delivers real democratic gains, CSOs should push for prompt enactment of enabling legislation for Section 22A, advocate for independent and representative appointments to the Human Rights Commission and the Anti-Corruption and Ethic Commission, secure meaningful representation in the Media Council of Lesotho, and demand the development of concrete mechanisms for consultation.