Maseru — A storm of controversy has erupted following the recent declaration of twelve Famo music groups as unlawful organizations by the Ministry of Local Government, Chieftainship, Home Affairs, and Police. This move, announced on May 10, 2024, through the ‘Internal Security (Declaration of Unlawful Organisation) Notice, 2024,’ has prompted a vigorous response from the Advocates for the Supremacy of the Constitution, commonly known as SECTION 2.
This independent social movement, committed to upholding the rule of law and constitutional rights, has expressed profound concern and dismay over the decision.
SECTION 2 has raised serious questions about the transparency and public consultation processes involved in this decision. According to SECTION 2, the power granted to the Minister under the Internal Security General Act of 1984 to declare organizations unlawful must be exercised with the utmost responsibility and adherence to due process. They argue that the current declaration appears to lack the necessary transparency and public involvement as mandated by law.
The Police Service Act of 1998 requires the Minister of Police, in consultation with the Commissioner of Police, to establish annual policing objectives and to prepare a comprehensive policing plan after public consultation. This plan must reflect the priorities, financial resources, and allocations for the year and be presented to Parliament within 15 days of its issuance. SECTION 2 questions whether these steps were followed in the current financial year, which began on April 1, 2024. The absence of public consultation, they assert, undermines the democratic principles foundational to Lesotho’s governance.
“Was the public adequately consulted during the drafting of this year’s policing plan?” SECTION 2’s statement inquires. “The lack of such consultation undermines the democratic principles that should underpin all governmental initiatives.”
Beyond procedural concerns, SECTION 2 alleges that the declaration violates legal and human rights principles. The organization emphasizes that the unilateral declaration of these Famo groups as unlawful, without a proper hearing or opportunity for defence, contravenes both national and international legal standards.
Section 12 of the Lesotho Constitution guarantees the right to a fair hearing and the presumption of innocence until proven guilty, a principle also enshrined in Article 10 of the Universal Declaration of Human Rights. By bypassing these rights, the Minister’s decision, according to SECTION 2, infringes on the rights of the groups’ members and sets a dangerous precedent.
“This decision not only infringes on individual rights but also undermines the rule of law in Lesotho,” SECTION 2 warns.
In light of these concerns, SECTION 2 is calling on the Ministry of Local Government, Chieftainship, Home Affairs, and Police to provide a detailed account of the processes and consultations that preceded the declaration. They demand the immediate reversal of the declaration if it is found that due process and public consultation were not followed.
“SECTION 2 stands firm in its commitment to the supremacy of the Lesotho Constitution, the rule of law, equality before the law, and the protection of fundamental rights and freedoms,” the statement reads.
The controversy escalated further on May 21, 2024, when then-Acting Police Commissioner Dr Mahlape Morai announced during a press briefing that media coverage of the banned Famogroups was prohibited. Dr Morai warned of punitive measures against media outlets or reporters covering Famo-related activities, asserting that promoting these groups was illegal. This directive has been met with strong opposition from SECTION 2, which argues that it violates press freedom.
Section 14 of the Constitution protects the freedom to receive and communicate ideas and information without interference. By barring media coverage, Dr. Morai’s directive, according to SECTION 2, infringes on this constitutional right.
Adding to the controversy, Dr Morai also cautioned the public against listening to songs by Famo artists affiliated with the banned groups. SECTION 2 highlights that this contradicts Article 27 of the Universal Declaration of Human Rights, which guarantees the right to participate in cultural life and enjoy the arts.
SECTION 2 is now calling on the newly appointed Commissioner of Police, Borotho Matsoso, to retract Dr Morai’sstatement. Failing this, SECTION 2 plans to approach the courts to declare such statements and the legal notice unconstitutional.
The organization also emphasizes the importance of addressing crime within the boundaries of the law. While acknowledging the public’s concerns over escalating violence allegedly linked to Famo groups, SECTION 2 insists that government actions must respect human rights.
