The recent escalation of the local business community’s fight to the High Court over the government’s reluctance to implement the Business Licensing Registration Regulations (2020) is not just a legal battle; it is a glaring indictment of the government’s failure to uphold the laws it enacts. This failure raises serious questions about the government’s commitment to law and order and its trustworthiness in the eyes of its citizens.
The Business Licensing Registration Regulations were designed to protect local businesses from unfair competition, particularly from foreign nationals. By reserving 47 business sectors exclusively for Basotho, the regulations aimed to prioritize the interests of local entrepreneurs and foster a more equitable economic landscape. However, the Ministry of Trade, Industry, and Business Development has shown a consistent reluctance to implement Section 34 of these regulations. This reluctance is ostensibly to avoid scaring away foreign investors, but it comes at the expense of local business owners who are left vulnerable to the very competition the law was designed to mitigate.
The government’s hesitancy and inaction have not gone unnoticed. Local businesspeople, particularly the Meat Traders Association, have been left feeling “shattered” by the government’s unwillingness to enforce the law. “I aver that we were satisfied that new laws were formulated to regulate our businesses and protect them in particular from unfair business practices, particularly by foreigners,” said Maliemiso Rasunyane, deputy chairperson of the Meat Traders Association. Yet, despite these laws being in place, foreign-owned businesses continue to operate with impunity, undermining the legal protections meant for Basotho.
This situation reached a boiling point when the meat traders planned a strike on 22 May 2024 to petition Prime Minister Sam Matekane. Their intent was to force the ministry to impose the ban on foreign businesses operating in sectors reserved for Basotho. However, the government preemptively thwarted their efforts by revoking the strike permit, citing “security purposes.” This action not only silenced a legitimate protest but also highlighted the government’s disregard for the democratic right to peaceful assembly.
The broader implications of this failure to implement the regulations are deeply troubling. When a government enacts laws but fails to enforce them, it erodes public trust and undermines the rule of law. Laws are not mere suggestions; they are mandates that should be applied fairly and consistently. The selective implementation of laws, or the outright refusal to enforce them, suggests a government that is either incompetent or unwilling to fulfill its duties. This perception is damaging to the fabric of our society and the confidence that citizens place in their leaders.
Moreover, the economic impact cannot be overstated. Local businesses, the backbone of our economy, are being undercut by foreign entities operating outside the legal framework. This not only stifles local entrepreneurship but also discourages new local ventures from entering the market, knowing that the protections supposedly afforded to them are illusory.
The government’s inaction has even prompted parliament to pass a motion expressing disappointment in the non-implementation of the regulations and urging immediate enforcement. Yet, the government has ignored this motion, further displaying its disdain for both the legislative process and the will of the people.
If this trend continues, it will have far-reaching consequences. The failure to enforce the Business Licensing Registration Regulations sets a dangerous precedent. It signals to both local and foreign entities that the laws of Lesotho are flexible and can be disregarded at will. This perception is detrimental to our nation’s legal integrity and economic stability.
In conclusion, the government’s failure to implement its own laws is a profound disappointment. It is a betrayal of the trust placed in it by the citizens of Lesotho. For a nation to thrive, it must have a government that upholds the law consistently and impartially. Until the government demonstrates a genuine commitment to enforcing the laws it enacts, it cannot be trusted to maintain law and order, nor can it be seen as a reliable guardian of the nation’s welfare. The time for action is now. The government must enforce the Business Licensing Registration Regulations in their entirety and show that it is a body that respects and upholds the laws of Lesotho.
