Roma Taxi Assoc. v Officer Commanding & Others (C of A (CIV) 20/2015) AND Masupha Makoae Masupha v Molefi Libe Masupha (C of A (CIV) 41/ 2015)

• Author: T. Maqakachane
• Date: 01 January 2017
• DOI: 10.10520/EJC-bf5a85abf
• Pages: 113-122
• Published date: 01 January 2017
• Record Number: lesotho_v25_n1_a6

PUBLIC LAW

Maqakachane, T.*

ROMA TAXI ASSOCIATION V OFFICER COMMANDING AND

OTHERS (C OF A (CIV) 20 OF 2015) AND MASUPHA MAKOAE

MASUPHA V MOLEFI LIBE MASUPHA (C OF A (CIV) 41 OF 2015)

INTRODUCTION

Lesotho is a constitutional democracy based, among others, on the

hallowed principle of the separation of powers between the three

organs of the state: the judiciary, the legislature and the public

administration (executive). Consistently with the doctrine of the

separation of powers, the Lesotho 1993 Constitution divides the

state power and allocates it to the above branches of government,

respectively. The constitutional separation of powers doctrine

provides that this separation should be maintained not only at

institutional level but also at personal and functional levels of the

organs of state. Thus, at the functional level, for example, the

judiciary may not arrogate to itself the function of public

administration or determine polycentric issues which are within the

exclusive competence of public administration. Public

administration is understood “to mean the organs and functionaries

of the executive branch of the state that are concerned with the day-

to-day business of implementing law and administering policy.”

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Just as judicial determination of disputes and dispensation of justice

are the preserve of the judicial branch of the state, the

implementation of the state‟s policy and laws is within the

competence and province of the public administration.

* Public Law Lecturer, NUL. LLB (NUL); LLM (UFS);

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Cora Hoexter, Constitutional and Administrative Law, Vol.II (2002 ), p2.