Maseru
The Transformation Resource Centre (TRC) has issued a detailed letter to the Prime Minister of Lesotho, raising critical concerns regarding the government’s recent initiatives in the fight against violent crime, the justifiable limitation of rights, and the procedure for appointing the Commissioner of Police.
Declaration of War Against Crime
The TRC commended the government’s declaration of war against violent crime, acknowledging that such an initiative was long overdue. The recent loss of life in several communities had catalyzed a public outcry and a forceful response from security agencies. However, the TRC warned that while crime prevention measures are essential, they must not undermine the Constitution or border on criminality. The TRC emphasized that security institutions must act within the legal framework to avoid infringing on citizens’ rights.
Criminal Conspiracy and Political Condonation
The TRC highlighted the infiltration of subversive organizations by criminals, noting that some political leaders and security sector authorities have acknowledged this issue. Despite this, the TRC argued that these organizations would not have been registered by the Registrar of Societies if they were indeed subversive. The TRC called for the Criminal Intelligence Division of the Police Service to share their findings with the Registrar General and the public. Evidence must be produced to link the organizations listed in Legal Notice 40 of 2024 to criminal activities, to avoid baseless human rights violation lawsuits and conspiracy theories.
The Elephant in the Room
The TRC pointed out the government’s reluctance to address the security agencies’ self-evaluation and the alleged protection of criminals by politicians. This reluctance raises questions about the government’s sincerity in the fight against crime. The TRC criticized the government’s interventions as lacking reliable intelligence and highlighted the severe resource scarcity and lack of commitment to strengthening the criminal investigation department. The TRC argued that the government’s approach turns law-abiding citizens into easy targets and victims of criminalization of constitutionally guaranteed freedoms. The use of the Internal Security Act of 1984, designed for an authoritarian regime, was particularly criticized as inappropriate for a democratic society.
Violation of Section 16 of the Constitution – Freedom of Association
The TRC argued that the Constitution allows for the limitation of rights if it is reasonable and demonstrably justified in a free and democratic society. The TRC explained the three components of the proportionality test: rational connection to the objective, minimal impairment of the right, and proportionality between the limitation’s effects and the objective. The TRC questioned whether the blanket criminalization of freedom of association, expression, and earning a livelihood by labeling Famo music groups as subversive was proportionate and necessary. The TRC concluded that the measure fails the proportionality test and is thus unconstitutional and oppressive.
Appointment Procedure of the Commissioner
The TRC stressed the importance of a transparent and accountable appointment process for the Commissioner of Police. The current process lacks transparency, potentially undermining public trust. The appointment should involve public scrutiny to ensure the individual is qualified and trusted. The TRC also urged the government to align the appointment process with the Police Service Act 1998 and relevant regulations. This alignment would legitimize the appointment without compromising the police service’s integrity.
Risk of Victimization of the Commissioner
The TRC warned that poor decision-making in senior appointments could turn candidates into scapegoats. A professional recruitment process, including advertisement, shortlisting, and interviews, was recommended. This process, already used for other significant positions like the NRA Chief Executive Officer and the Director of Elections, ensures legitimacy and public trust.
Conclusion
The TRC concluded by reminding the government of the risks associated with arbitrary decisions and the importance of adhering to democratic principles. The government was urged to ensure that measures taken to fight crime are reasonable and justifiable in a free and democratic society. The TRC emphasized that certain rights and freedoms have been unjustifiably criminalized and called for professional recruitment and appointment procedures for security service leaders.
In its final remarks, the TRC advised the Prime Minister to ensure his advice to the King is legally sound and based on comprehensive consideration of all relevant legal instruments, to prevent judicial reviews of the King’s decisions.
