THE government is not under any obligation to subsidize food prices, according to Prime Minister Sam Matekane. Matekane was responding in a case in which an association of lawyers want food subsidised. He however noted that section 25 of the constitution realises that government depending or subject to the limit of its economic capacity and development may progressively realise the principles as appear under chapter three.
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“I am also not aware of any law which provides that food prices cannot in law be permitted to shoot,” Matekane said in an affidavit.
“I am not in a position to state clearly whether government will subsidise or not,” he said.
This is the case in which the Christian Advocates and Ambassadors Association asked the Constitutional Court to declare food price increase a violation of human rights.
It came after the Lesotho Flour Mills increased the prices of maize and wheat products by 15 percent with effect from April, citing the El-Nino induced drought.
The association seeks a constitutional review that the milling company’s decision “of unilaterally raising the maize-meal (food) prices at the rate of 15 Percent without consulting” the general public be reviewed and set aside as irregular.
It also seeks a declarator that the abrupt increase of food prices by 15 percent violates people’s right to food, which is an incident of the rights to lead a healthy and dignified life.
The association says people have a right to life, dignity and good health.
It asks the court to declare that the abrupt increase of food prices by 15 percent is unfair, excessive and unreasonable in light of the prevailing poverty in the country, citizens’ and country’s less development and available resources.
It also asks for a declarator that the government must fairly, reasonably and progressively burden the socio-economic needs of the citizens in a manner proportionate to the countries’ development and available resources.
It asks that the government be directed to provide food to its members and the general public and/or subsidise the cost of maize-meal prices in so far as can reasonably be done.
The association asks the court to direct that the government should report back to it via affidavits and/or its legal representatives after every month as to the extent of its compliance with the orders to be issued.
In response to this, Matekane deposed to the affidavit denying that there is a right to food in the constitution.
“I further deny that lack of food poses a threat to life,” Matekane said in the affidavit, adding that “life is not dependent only on food as there are other contributory factors”.
“I vehemently deny that a person who has access to food leads a healthy life,” he said.
“One can have access to food, still live an unhealthy life.”
He also denied that “right to life is inclusive of emotional, intellectual or spiritual”.
“The right to life literally pertains to non-deprivation of one’s life which I must add may be deprived as captured in section 5 of the constitution,” he said.
Matekane said his government cannot commit itself to a food subsidy without first studying important factors that can make the move tenable.
He said in November last year the Lesotho Meteorological Services predicted that there would be poor rains due to El Nino in most parts of southern Africa.
The Disaster Management Authority (DMA), he said, invited stakeholders to a meeting to address interventions to curb the situation as predicted by the meteorological services.
It was agreed, he said, that the Lesotho Vulnerability Assessment Committee conducts a study first, which is conducted in three phases.
The first phase is collection of data and this is where it goes to the communities to solicit information about people’s livelihoods.
The second one is analysis of collected data while the third is issuance of its report to the government with recommendations.
“This study informs the direction which the government has to take, that is different interventions depending on the report, which may include food interventions,” he said.
Caswell Tlali
