The place of the army in the constitutional democracy in Lesotho

• Pages: 61-87
• Date: 01 January 2015
• Published date: 01 January 2015
• Author: Hoolo 'Nyane
• DOI: 10.10520/EJC177117

THE PLACE OF THE ARMY IN THE

CONSTITUTIONAL DEMOCRACY IN

LESOTHO

Hoolo ‘Nyane*

Abstract

The collapse of civilian control of the army in Lesotho as evidenced by the

refusal of the army commander to vacate office as directed by the civilian

authorities on the 29th August 2014 in Lesotho and the series of military

operations not sanctioned, tacitly or expressly, by the civilian authorities is

only symptomatic of a deeply embedded problem of poor civil military

relations. The problem is historical. This essay therefore takes historical

analysis of the key epochs in the evolution of civil military relations in

Lesotho. The central thesis of the essay is that Lesotho has lived to see civil

military relations where the natural chemistry of the army is political

vendetta against opponents. So this history which places the army

inextricably at the centre of politics has not reversed since inception of the

standing army in 1980s hitherto. The problem has been compounded by

weak constitutional democracy which has confronted insurmountable

hurdles since resumption in 1993. All the piecemeal reform attempts that

have been initiated have hardly eased the problematigue of civil military

relations in the country – instead, the situation has deteriorated to a state

where the army command can blatantly defy civilian control. The problem

is on both sides of the equation – the civilian political leaders as well as the

army.

1. Introduction

The events of the 30th August 2014

1

have illuminated the long-

standing problem of civil-military relations in Lesotho. The problem

has accompanied the development of constitutional democracy in

Lesotho for fairly a long time – since the establishment of the

* Lecturer, Constitutional Law, National University of Lesotho.

1

The panoply of what transpired on that day is discussed later in this essay.

62 The Place of the Army

standing army in the 1980s to be specific.

2

That notwithstanding,

the subject has received very scanty attention from the policy

makers and scholars in Lesotho. What seems to have attracted

much attention has been the political escapades of the army which

normally come in tranches and spasms in every electoral cycle since

independence, much to the neglect of constitutional and legal

nuances of civil-military relations in Lesotho.

3

The resurgence to

constitutional democracy in 1993, and strong emphasis on

constitutionalism and popular control of all state institutions, gave

some hope that the constitution would go a long way in taming the

army which for a good period of the pre-constitution era was

amok.

4

These hopes were only shattered a year later – in 1994 –

when the army was rocked by political infiltration and infighting

reminiscent of the pre-constitution era. The temptation of the army

to overstep the mark of military arena and the lust of civil political

players in Lesotho to exercise subjective control of the army have

persisted in Lesotho for almost the entire military history hitherto.

In a democracy which has always been brittle and staggering like

Lesotho, the subjective control of the army as an institution with

ultimate power of force and coercion would always be at the centre

of political activity.

5

The trend of civil military relations in Lesotho

2

Lesotho Paramilitary Force (LPF), which was created out of the Police Mo bile

Unit (PMU), was created as the standin g for in 1980s under the Command of

Major-General Metsing Lekhanya. Since 11th March 1986, the LPF was styled the

Royal Lesotho Defence Force(RLDF).

3

Matlosa, K. & Pule N. ‘The Military in Lesotho’ African Security Review Vol 10(2),

2001 pp 62-74; Likoti, FJ., The 1998 Military Intervention in Lesotho: SADC Peace

Mission or Resource War?’ International Peacekeeping, Vol 14(2), 2007 pp 251-263

4

Makoa, F. K. ‘Lesotho’s military kingdom: An undemocratic political experiment’.

Southern African Political and Economic Monthly 4(3-4), 1990-91. Pule, N.‘ The

military and political institutions’, Southern Africa Political and Economic Monthly

4(34), 1990-91.

5

See Kohn, RH.’ How Democracies Control the Military’. Journal of Democracy Vol

8(4) (1997) 140-153 at 141 the author pointedly argues that,

‘Fledgling democracies, with scant experience in combining popular

government and civilian control, face a tougher challenge. They must ensure

that the military will not attempt a coup d'état, or otherwise defy civilian

authority. In many former autocracies, the military has concentrated on

internal order or been deeply involved in politics, sometimes preying on

society rather than protecting it’.