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HomeOpinionOp-edConstitutionality of Mpopo Tsoele's appointment under scrutiny

Constitutionality of Mpopo Tsoele’s appointment under scrutiny

The recent appointment of Mpopo Tsoele as Principal Secretary for Local Government has sparked celebration and enthusiasm in certain circles. It is noteworthy that Tsoele is married to Minister Nthati Moorosi. While one would typically expect appointments to high-ranking public roles to foster confidence and optimism, this specific instance has left me quite worried. My concerns stem not only from Tsoele’s marital connection but also from how effortlessly the Basotho overlook principles when political loyalties are at stake. Once more, we must face the uncomfortable reality of our country’s inconsistent standards.

First, the appointment itself presents significant legal and constitutional issues. The Constitution of Lesotho was revised by removing section 97 and replacing it with a new provision that governs the appointment of Permanent Secretaries. The reformed section clearly stipulates that a Permanent Secretary must be appointed by the Public Service Commission through a transparent, meritocratic, fair, and competitive method, as specified in an Act of Parliament. This amendment was substantial, it aimed to professionalise the public service, limit favouritism, and restore public trust in government appointments.

In the case of Tsoele’s appointment, there is no evidence available to the public indicating that such a transparent and competitive process was undertaken. There was no public announcement, no shortlist created, no open interviews, and no clear communication from the Public Service Commission clarifying how the constitutional requirements were met. Whether or not Tsoele is qualified is irrelevant. The key issue is that the law seems to have been breached in both its spirit and application. When constitutional provisions are enforced selectively, they no longer act as safeguards and instead become mere decorative elements.

Moreover, the public’s reaction is even more concerning. The Basotho have demonstrated considerable inconsistency in their judgments of similar scenarios based on who holds power. During former Prime Minister Pakalitha Mosisili’sadministration, the appointments of Semano Sekatle and PontsoSekatle, a husband and wife, elicited public outrage. One served as a Minister, while the other was a Principal Secretary. The nation erupted in response. Protests erupted, media campaigns were launched, insults disseminated, and political pressure intensified. Mosisili was depicted as the personification of nepotism and misconduct while in office. The Sekatles faced humiliation, and their appointments were used as evidence of moral and political failure. They both eventually served as Ministers in Mosisili’s administration, with him seen as insensitive to the public’s concerns.

Ironically, over time, Semano became Minister while Pontsowas appointed Ambassador during Prime Minister MotsoahaeThabane’s government, and this was never challenged. Nevertheless, the criticism regarding their early appointments remains deeply rooted in our political memory, at least when it suits us. 

Now, looking at the present, we have Tšeliso ’Mokela acting as Managing Director of the Lesotho Electricity Company, a position appointed by Prime Minister Ntsokoane Matekane’sadministration. His wife, Teboho ’Malisebo ’Mokela, currently holds the powerful role of Government Secretary within the public service. Once again, we see a husband-and-wife pair occupying significant offices simultaneously. However, this time, there is a lack of opposition. In fact, we observe admiration. Applause is given. Justifications abound.

What has changed? Certainly not the governing principle. The only distinction is the political favouritism involved. When Basotho disapprove of a leader, they meticulously examine every action, amplify every error, and assume the worst possible intentions. Conversely, when they support a leader, they readily excuse behaviours they previously condemned with moral zeal. This represents a failure of accountability and partisanship disguised as patriotism.

This pattern highlights a more profound national issue. We profess to denounce nepotism, corruption, and misuse of power, but only when it is convenient for us. We reference the Constitution when it disadvantages our rivals and disregard it when it poses challenges for our allies. Such selective outrage undermines the rule of law and reduces public debate to a struggle of loyalties instead of principles and ideas.

Prime Minister Matekane is, without a doubt, a fortunate individual. He receives a level of goodwill and presumption of innocence that his predecessors did not benefit from. Actions that would have ignited widespread anger in prior administrations are now justified, normalized, or conveniently overlooked. However, luck and popularity cannot replace constitutional governance. A democratic society cannot thrive solely on admiration; it necessitates consistency, integrity, and respect for the rule of law.

If Basotho are genuinely committed to establishing a fair and accountable government, we must discard double standards. The Constitution should apply uniformly, irrespective of who holds the Prime Minister’s office. Nepotism must be uniformly condemned or not at all. Appointments need to be open and transparent, or we should acknowledge that our calls for reform are insincere.

Until we are willing to critique our favoured leaders with the same vigour we direct at those we oppose, we will continue to be ensnared in cycles of hypocrisy and no amount of enthusiasm about new appointments can alter that uncomfortable reality.

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