In a letter addressed to the Lesotho Lawyers for Human Rights, the Commander of the Lesotho Defense Force (LDF), Lt. Gen. Mojalefa Letsoela, outlines a false choice between the rule of law and national security. He suggests that the protection of human rights must be “balanced” with national security interests, implying that these two principles are inherently in conflict. This is a dangerous oversimplification that misrepresents the role of law in a democratic society.
The rule of law is not a competing interest to national security—it is the foundation upon which any legitimate security policy must be built. When the Commander argues that human rights and security must be “balanced,” he implies that upholding the law may compromise security. This is a classic false choice, framing the situation as if we must choose one over the other.
In reality, a nation cannot have true security without the rule of law. When the state acts outside of legal bounds, it undermines the very stability it seeks to protect. The rule of law ensures that power is exercised fairly, and that security measures are subject to checks and balances. National security interests cannot be used as a justification to erode the rights and protections afforded to citizens under the law.
Furthermore, framing this as a dichotomy between security and rights paints a misleading picture of what is at stake. The preservation of human rights is not an obstacle to national security but a guarantee that the state’s power will not be abused. Countries that fail to protect human rights in the name of security often find themselves in more turmoil, not less.
It is imperative that we reject the Commander’s false choice. The rule of law and national security are not mutually exclusive; they are interdependent. Sacrificing one for the other creates a slippery slope towards authoritarianism, where security becomes a pretext for unchecked power. The Lesotho Defense Force must understand that true national security is rooted in the respect for human rights and legal principles.
The rule of law is NOT NEGOTIABLE. It is the backbone of our democracy, ensuring that security efforts are lawful, legitimate, and in the best interest of the public. The lawyers of Lesotho should stand firm in rejecting any attempts to weaken this principle under the guise of balancing it with security concerns.
We must hold our institutions accountable to the law—not the other way around.
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Oa Ha Maama
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