New law to clip prime minister’s powers

The amendment is part of the national reforms agenda that seeks to depoliticise the appointment of security agencies bosses.

Over the past five decades, sitting prime ministers have often appointed their own cronies to head security agencies, which has sometimes triggered serious bouts of political instability.

Under the proposed amendment, parliament shall exercise oversight of the national security agencies.

The security agencies will fall under a National Security Commission that shall be appointed by the King by a notice published in the Government Gazette.

The commission shall consist of a member of each House of Parliament, the Judicial Service Commission, a former army commander, police commissioner, director-general of the NSS, and former director of the correctional services.

“Parliament may make provision for further functions, procedures for appointment, tenure of office, and other related matters by an Act of Parliament,” the amendment reads.

It says the commission shall recommend to the prime minister the appointment of the heads and deputy heads of the National Security Agencies within the retirement age stipulated in an Act of Parliament.

It shall ensure that the promotion policies are adhered to in the National Security Agencies and ensure that members of the National Security Agencies comply with their code of conduct and any other applicable law.

“The heads and deputies of the National Security Agencies shall be appointed by the King acting on the advice of the prime minister based on the recommendation of the Commission, following a transparent, fair, merit based and competitive process,” the amendment reads.

“The appointment process shall be conducted by the Commission, which shall shortlist and interview competent, non-partisan, patriotic, professional, and disciplined senior most candidates within a particular National Security Agency,” it reads.

It says the commission shall recommend three candidates from each National Security Agency for the prime m inister to consider and he shall advise the King which of the three candidates he is recommending for appointment.

It will also establish an Independent Security Sector Oversight, Inspectorate and Complaints Authority answerable to parliament through a relevant portfolio committee.
The authority shall consist of seven members appointed on a part-time basis.

Its chairperson shall be a former judge appointed by the National Security Commission.

Other members shall be an experienced legal practitioner of high moral integrity with a minimum of 10 years’ experience, a qualified psychologist or any other expert as may be prescribed by an Act of Parliament.

A former brigadier in the army shall oversee affairs involving the army, and it shall be so with a senior assistant commissioner of the police, a former member of the National Intelligence Service, from the rank of Director or above, and an ex-Senior Assistant Commissioner of Corrections.

“All appointments, shall be carried out through a transparent, competitive, and impartial process,” the amendment reads.

The authority shall oversee the conduct of the security agencies and carry out inspections and investigate complaints from the public and take appropriate remedial action, which shall be prescribed by an Act of Parliament.

Parliament is also likely to pass an amendment to the law governing the Foreign Service.

The amendment is in line with the national reforms agenda that seeks to professionalise the Foreign Service by introducing “professional career diplomats from the Ministry responsible for foreign affairs and international relations”.

This will severely limit the prime minister from directing government ministries from sending party cadres, family and friends to foreign embassies as a token of appreciation for backing him.
This has been the practice ever since Lesotho gained independence 58 years ago.

The amendments provide that ambassadors “shall be appointed by the King acting on the advice of the Public Service Commission, following a transparent, merit-based, fair, and competitive process as set out in the Act of Parliament”.

They also give the power to remove officers in this category to the King, acting in accordance with the advice of the Public Service Commission and the Ministry of Foreign Affairs.

“The power to discipline officers in this category shall vest in the Public Service Commission,” it reads.

Ambassadors shall serve for a period of four years, which may be renewed for a further period of four years, upon satisfactory performance.

The amendment also says the Foreign Service shall be based on a hybrid system consisting of professional career diplomats, other officers and attachés with specific expertise seconded or on special assignment from other government ministries, agencies and parastatals and direct appointments with qualified candidates who are not from within the public service.

“Appointment of career diplomats and other officers on secondment or on special assignment from other ministries, government agencies and parastatals, and other related matters, shall be regulated by an Act of Parliament.”

Last night, thepost understands that parliament was making the final touch-ups to sections that deal with Foreign Service and National Security Agencies, after which they will be sent to the Senate for review before receiving royal assent.

Staff Reporter