ESG Lens · Governance · Public Institutions
A decision by the Lesotho College of Education (LCE) Governing Council to renew the contract of Registrar Marethabile Matilda Khanyane for a third term is drawing scrutiny, after earlier official documents appeared to limit the position to two terms and describe the current term as final.
Documents reviewed by Lesotho Tribune show that Khanyane was initially appointed in June 2018 on a four-year fixed-term contract, renewable on performance but subject to a maximum of two terms.
That framework appeared to guide subsequent decisions. In a letter dated 2 May 2022, the Governing Council renewed her contract for a second four-year period ending 31 May 2026, explicitly stating that this would be her last term in that regard.
However, a later letter dated 5 December 2025 confirms that Council resolved to renew her contract again for another four years, extending her tenure to 31 May 2030.
The apparent shift from a stated two-term cap to a third-term renewal has raised questions about whether institutional rules were changed, reinterpreted, or overridden.
Document Trail
Council Authority vs Earlier Contract Terms
Responding to queries, LCE Rector Solomon Chibaya defended the decision, arguing that the Governing Council acted within its legal authority.
“The governing body, the governing council, is vested with the prerogative to appoint and renew statutory positions, including that of the Registrar.”
Solomon Chibaya, LCE Rector
He added that under the Lesotho College of Education Act of 1997, there is no prescribed term limit for such positions, and that the Council’s resolution was formally communicated by the chairperson.
Chibaya further confirmed that formal performance evaluations informed the decision, and that no institutional policy in force in 2025 limited the extension of the Registrar’s contract.
“The outcomes of the performance evaluation made it possible for the council to renew the contract.”
Solomon Chibaya, LCE Rector
A Contradiction That Needs Explaining
The Rector’s explanation shifts the issue away from legality and toward governance consistency. At the centre of the matter is a clear tension between two sets of records.
Earlier Position
The original contract framework explicitly limited the appointment to two terms. The 2022 renewal letter reinforced that interpretation by describing the second term as the last.
2025 Position
Council appears to have adopted a different position, allowing a further extension, with a November 2024 resolution stating that renewals should not be limited to two terms until a formal policy is developed.
What remains unclear is how that resolution interacts with earlier contractual commitments, and whether it constituted a formal policy change or a case-specific decision.
Process, Not Just Outcome
Even if the Council is legally empowered to renew contracts without term limits, the process raises broader institutional questions.
Questions the Institution Must Answer
Why did the College formally state in 2022 that the second term would be the last, only to reverse course three years later?
Was the two-term limit merely a contractual convention, or a binding governance principle at the time?
Should a senior statutory position of this nature be renewed internally, or subjected to open competition once a fixed term expires?
These questions go beyond one individual. They speak to how public institutions balance continuity, performance, and fairness.
Performance as Justification
The institution has anchored its defence in performance. Earlier records show that Khanyane’s 2022 renewal was supported by performance appraisals rated as satisfactory or above, including assessments conducted under both previous and acting leadership. The Rector confirms that similar evaluation processes informed the 2025 decision.
That places performance at the centre of the Council’s reasoning, consistent with the November 2024 position referenced in the Registrar’s request. Whether performance alone is sufficient justification for departing from previously stated term limits is a separate question the institution has not yet fully addressed.
A Precedent in the Making
The decision may now set an important precedent for LCE and potentially other public institutions. If statutory positions are no longer bound by term limits, the question becomes whether renewals will be governed by clear policy, or handled on a case-by-case basis.
For an institution tasked with training the country’s educators, the issue is not only administrative. It is about governance credibility.
At minimum, the documents point to a shift in how LCE interprets tenure at the highest administrative level. Whether that shift reflects a necessary policy correction or an ad hoc adjustment remains a question the institution may yet need to answer more fully.
Lesotho Tribune · ESG Lens · Governance · Information Liberates
