Report on Assessment Council of Lesotho Bill, 2026

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PARLIAMENT OF KINGDOM OF LESOTHO

SENATE

LEGISLATION COMMITTEE

REPORT ON ASSESSMENT COUNCIL OF LESOTHO BILL, 2026

REPORT N0:  15                                                                               JUNE 2026

PART I

  1. INTRODUCTION

The Assessment Council of Lesotho Bill, 2026, was referred to the Legislation Committee on Wednesday, 27th May 2026. Pursuant to Standing Order 51 (3), the Bill was then transmitted to the Committee for consideration.

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

PART II

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 their 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. Motšoene

14.     Hon. Senator S.S. Nkuebe

3.0 SECRETARIAT

Ms. ‘Maliako Lehloenya                                              Committee Clerk

Mr. Steven Mokoaqo                                                   Committee Clerk

Mr. Tsěliso Papiso (Adv.)                                                Legal Officer

PART III

4.0 OPERATIONS OF THE COMMITTEE

The Committee deliberates on the Bills referred from the National Assembly in line Standing Order 51 and Subordinate laws referred in accordance with Section 27B of the Interpretation (Amendment) Act, No. 4 of 1993.

PART IV

5.0 STAKEHOLDERS SUBMISSION

On Tuesday the 2nd June 2026, the Committee invited the Ministry of Education to provide a brief on the Bill. The Ministry brought along stakeholders whom they considered relevant in the Bill. Among the present stakeholders were Examinations Council of Lesotho (ECoL), Council of Higher Education (CHE), Member of TVET Board.

5.1 MINISTRY OF EDUCATION AND TRAINING

The Ministry presented to the Committee that the Bill was established under the Examination Council Regulations of 1986. The Bill proposes to continue the Assessment Council in existence. The Bill further proposes for the autonomy of the Council with its own legal status to sue or be sued, acquire its property, have its own funds, keep its own funds and its books of accounts and report to the Minister.

Ministry outlined that, according to the Bill, the Council is the apex body whose functions are among others to develop and conduct examinations, national tests and systematic assessment studies on behalf of the Ministry, award certificates to successful candidates, manage and determine examinations, and other related matters and approve a code of conduct to be observed by schools and centres registered by the Council as examinations centres.

The Ministry further illustrated to the Committee that the Bill proposes for the position of the Chief Accounting Officer of the Council as the Chief Executive Officer who shall among other duties be in charge of the day-to-day running and administration of the Council. Moreover, the Bill provides for the appointment of the Council’s staff as well as their benefits. 

According to the Bill, a person who before coming into operation of this Act was already employed by the Council, on commencement, shall be allowed to choose to either stay with the Ministry or be an employee of the Council.

Lastly, the Ministry indicated that the Bill provides that any  property or asset which immediately before the coming into operation of the Act was a property of the Council shall, vest in the Council subject to conditions, liabilities or obligations upon or under which it was vested prior to coming into operation of this Act.

5.2 COUNCIL ON HIGHER EDUCATION (CHE)

Council on Higher Education submitted that The Bill shall serve as a key legal framework when turned into law.  It shall establish the Assessment Examinations Council as an independent statutory body corporate, with clearly defined governance structures and accountability mechanisms and introduce examination malpractice provisions and regulatory powers. However, the Council noted that there are several areas that required refinement in the bill to strengthen institutional independence, governance, accountability, some of which are presented below.

  • Council under interpretation clause should mean Assessment Examinations Council of Lesotho established (Clause 3)
  • One authority in Lesotho should do verification and evaluation of qualifications in Lesotho. There is a Cabinet Directive to establish Qualifications Authority in Lesotho. The Assessment Council of Lesotho should only provide verification and evaluation information to the designated authority.
  • Representatives from institutions like Council on Higher Education and Technical and Vocational Department (also known as the TVET Department) as they are direct stakeholders of Basic education in Lesotho should be added as Members of the Assessment Council of Lesotho, to ensure harmonisation and alignment of basic education with higher education (Clause 6)
  • The Bill should expand the mandate of Assessment Examinations Council to include quality assurance beyond examinations/assessment so that the gap that leads to basic education qualifications being brought to CHE for quality assurance can be plugged. The synergy between ECOL and the Curriculum Centre/ Development Agency with the latter being the lead in terms of curriculum should be entrenched in the law (Clause 5).
  • In Clause 10 (2) (c), there is drafting inconsistencies. For example, “Deputy Vice Chairperson.” Either its Vice Chairperson or Deputy Chairperson.
  • In Clause 10 sub clause 10 (b), the Council Secretary should be a separate officer appointed by the Governing Body.
  • There should be a clause on Data Protection and Confidentiality. This aligns with good corporate governance principles.
  • Clause 8 provides grounds for vacation of office but does not adequately regulate removal procedure; right to be heard; investigation process and recommendation;
  • The Bill defines examination malpractice but appears not to provide a detailed enforcement framework.
  • REPRESENTATIVE FOR THE CATHOLIC SCHOOLS

Among other stakeholders present were representatives from Catholic schools who submitted that:

5.3.1 The word “Proprietor” be defined in the Interpretation

5.3.2 In Clause 6 (1) (a) (ix) the word “one” be substituted with “two

PART V

6.0 OBSERVATIONS

  • The Committee noted that there is a need to fast track the development of Regulations after the passing of the Bill.
  • In the Schedule of Offences, (1) (O) (i) Fines also be written in numerical form.

7.0 RECOMMENDATIONS

  • That the Bill be allowed to come into operation

8.0 CONCLUSION

Subject to Standing Order 52 (3), the Legislation Committee wishes to submit the Report on Assessment Council of Lesotho Bill, 2026 for adoption by the House.