Committe Report on Lesotho Citizenship (Amendment Bill,2024

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PARLIAMENT OF KINGDOM OF LESOTHO

SENATE

LEGISLATION COMMITTEE

REPORT ON THE LESOTHO CITIZENSHIP (AMENDMENT) BILL, 2024

REPORT N0:2                                                                          SEPTEMBER 2025

  1. INTRODUCTION

The Citizenship Bill, 2024, was referred to the Committee on 1st April 2024 and subsequently referred to the legislation Committee. The referral is done pursuant to Standing Order 51 (3) that provides that the Bill shall stand referred to the Legislation Committee for consideration.

The report presents a summary of the Committee’s deliberations and recommendations on the Bill.

1.1 TERMS OF REFERENCE

The terms of reference of the Legislation Committee are provided as follows in Standing Orders (90):

  • There shall be established under this Standing Order a Legislation Committee which shall continue for the term of the Senate.
  • The Legislation Committee shall, in accordance with these Standing Orders:-
  • Consider bills, subordinate laws tabled in accordance with section 27A of the Interpretation Act No. 19 of 1977 as amended, or other matters which are referred to it by the President or by resolution of the Senate;
  • Consider and investigate the constitutionality, legality, conflicting provisions and offensiveness of bills or subordinate laws or any provision thereof; and
  • Perform other functions, tasks and duties as may be resolved by the Senate.
  • The Legislation Committee may:-
  • Call for papers, hear oral evidence, which may, by resolution of the committee, be recorded and transcribed;
  • Consult and liaise with Government ministries and departments;
  • Ensure the attendance of any person at a meeting of the committee in terms of the Parliamentary Powers and Privileges Act of 1994; and
  • Establish sub-committees
  • Upon conclusion of business laid down for its consideration, the Legislation Committee must adopt a report and may make recommendations to the Senate which shall then take final decisions.

2.0 COMPOSITION OF THE LEGISLATION COMMITTEE

1.       Hon. Senator S. Motsamai –         Chairperson

2.       Hon. Senator K.L.K. Theko

3.       Hon. Senator B.G.  Api

4.       Hon. Senator M. Kanetsi

5.       Hon. Senator Dr T. Lebese

6.       Hon. Senator L.M.  Seeiso

7.       Hon. Senator M.M. Moshoeshoe

8.       Hon. Senator T. D.  Bereng

9.       Hon. Senator P.L.P.  Peete

10.     Hon. Senator S.B. Seeiso

11.     Hon. Senator L. Khoaele

12.     Hon. Senator M.T Mohale

13.     Hon. Senator J.A. Motsoene

14.     Hon. Senator S.S. Nkuebe

3.0 SECRETARIAT

Ms. ‘Maliako Lehloenya                      Committee Clerk

Mr. Steven Mokoaqo                          Committee Clerk

Mrs. ‘Maseephephe Matete (Adv)         Chief Legal Officer

Mr. T’seliso Papiso (Adv)                   Legal officer

4.0 OPERATIONS OF THE COMMITTEE

The Committee deliberates on the Bills referred from the National Assembly and subordinate laws referred in line with the Interpretation Act.

PART A

5.0 BRIEF BY STAKEHOLDERS

5.1 HON. LEBOHANG HLAELE (MP) (SPONSOR)

Hon L. Hlaele presented that the purpose of the Bill is to amend Section 22 of the Lesotho Citizenship Order No. 16 of 1971 with a view to regulate positions that a person who acquires the citizenship of Lesotho by naturalization or registration shall not hold in line with Section 41 (2) (b) of the Eighth Amendment to the Constitution, 2018, and in compliance with the Order of court penned by Justice Mokhesi (Justices Makara & Hlaele concurring) in the case of Christian Advocates and Ambassadors .

He therefore proposed that there be an amendment of Section 22 of The Lesotho Citizenship Order 1971 by inserting Section 22A to read

       “22A Any person who is a citizen of any country who acquires the citizenship of Lesotho by naturalization or registration shall not hold the following positions;

  1. The office of the Prime Minister
  2. The office of the Deputy Prime Minister
  3. The office of the Chief Justice
  4. The office of the President of the Senate
  5. The office of the deputy President of the Senate
  6. The office of the Speaker of the National Assembly
  7. The office of the deputy Speaker of the National Assembly
  8. The office of the Clerk of the National Assembly
  9. The member of the National Assembly
  10. The member of Senate
  11. Minister
  12. The Command of the Army
  13. The office of the Commissioner of Police
  14. The office of the Director of National Security Service
  15. The office of the Director of Public Prosecution
  16. The office of the Governor of Central Bank of Lesotho.
  17. The office of the head of Directorate of Corruption and Economic offences
  18. The office of the Director of Immigration
  19.  The office the Ombudsman
  20. Ambassadors
  21. Consular Generals
  22. The office of the Commissioner of Lesotho Correctional  service
  23. The office of Attorney General ”

STAKEHOLDERS SUMISSIONS

On 13th August 2025 Committee invited the Independent Electoral Commission together with the Ministry of Home Affairs to provide their views on the Bill.

5.2 THE INDEPENDENT ELECTORAL COMMISSION (IEC)

 The IEC provided that proposed restrictions on naturalized and registered citizens might impact on the eligibility of the electorates for electoral processes and the holding of certain public offices. It further outlined that the proposed legislative changes do not inadvertently infringe on political rights and democratic principles.

 IEC welcomed and endorsed the Citizenship Bill as written and presented. However, the Commission raised the following observations and recommendations regarding some aspects of the Bill:

  1. One-Sidedness

The Commission opined that the Citizenship Bill in its current form, appears to be one-sided. It specifically prohibits naturalized citizens from occupying the key positions listed in the Bill, while making no reference to individuals who hold dual citizenship.

 It proposed that individuals with dual citizenship should also be prohibited from holding such high-level public positions. The concern of the Commission was to the effect that allegiance of dual citizenship holders is questionable. The Commission further reiterated that the dual status may compromise the integrity and impartiality required for these roles in those high public offices.

Furthermore, the IEC recommended that individuals who have formally and legally renounced any foreign citizenship and retained sole citizenship of Lesotho should be deemed eligible to occupy the positions outlined in the Bill.

  • Inclusion of IEC Commission (Commissioners and Chairperson) in the List of Restricted Positions

The IEC proposed that the positions of Commissioner and Chairperson of the Independent Electoral Commission should also be included in the list of offices that are prohibited from being occupied by individuals who hold dual citizenship or are not indigenous Basotho.

5.3 MINISTRY OF HOME AFFAIRS

The Ministry of Home Affairs expressed full endorsement of the Citizenship Bill, 2024. The Ministry noted that the Bill provides much-needed clarity by explicitly stipulating the positions that individuals who acquire Lesotho citizenship by naturalization or registration shall not be eligible to hold. These positions are clearly listed in the Bill, and their inclusion aligns with the objective of ensuring consistency with Section 41(2) (b) of the Eighth Amendment to the Constitution, 2018.

The Ministry further indicated that its endorsement of the Bill is grounded in the collaborative process through which it was developed, having worked closely with Hon. Lebohang Hlaele, the sponsor of the Bill. This close cooperation ensured that the proposed amendments are both practical and aligned with existing legal and constitutional frameworks.

Moreover, the Ministry emphasized that the Bill serves a critical national interest by safeguarding the integrity of key public offices and, by extension, protecting the sovereignty and welfare of Basotho. In addressing potential concerns, the Ministry clarified that the provisions of the Bill do not contravene Section 18 of the Constitution of Lesotho, which prohibits discrimination. According to the Ministry, the restrictions outlined in the Bill are not based on arbitrary or prejudicial grounds but are instead justified by the legitimate aim of preserving public trust in sensitive national roles, and therefore, meet the permissible limitations under the Constitution.

The Ministry was not in agreement with the IEC in that dual citizenship takes away one’s patriotism. They maintained that a person’s origin is very important and is hardly disregarded by the dual citizenship holder. They brought to the attention of the Committee that citizens who have acquired dual citizenship are referred to be in the diaspora as they have not renounced their citizenship.

PART B

6.0 OBSERVATIONS

  • The Bill seeks to regulate citizenship matters in Lesotho. Its primary aim is to safeguard national interests and ensure that individuals occupying key positions demonstrate full allegiance to the Kingdom of Lesotho.
  • The sponsor of the Bill has worked hand in hand with the relevant offices during the development of the Bill.
  • The Bill does not seem to contravene with any provisions of the Constitution of Lesotho and any other law.

7.0 RECOMMENDATIONS

  • That the Office of the Parliamentary Counsel arranges the list of the state positions that appears in Clause 2 “22A” in a hierarchical order.
  • That the Chairpersons and Commissioners of the statutory bodies form part of the list in Clause 2 “22A”.
  • That the Bill be allowed to pass.

8.0 PROPOSED AMENDMENTS TO THE BILL

1. In Clause 2 “22A” Insert the following to the list “Chairpersons” and “Commissioners of the statutory bodies”

9.0 CONCLUSION

Subject to Standing Order 52 (3), the Legislation Committee wishes to accept Citizenship (Amendment) Bill, 2024 for adoption by the Senate.