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| Title: | Chieftaincy and the search for relevant constitutional and institutional models in Lesotho: historical perspective |
| Author: | Mahao, Nqosa Leuta |
| Year: | 1993 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 9 |
| Issue: | 1 |
| Pages: | 149-169 |
| Language: | English |
| Geographic term: | Lesotho |
| Subjects: | chieftaincy constitutional reform |
| Abstract: | Is chieftaincy a viable alternative to the Westminister parliamentary system of government and better suited to resolve the crisis of constitutional government in Lesotho or not? In order to address this question, the present article looks at the Sotho chieftaincy both as a political institution and as a constitutional framework of government. It focuses on the social basis of chieftaincy and tackles the common assumption that traditional Sotho society was undifferentiated, arguing the class character of chieftaincy and its consolidation as a ruling oligarchy within the Moshoeshoe family with the rise of the indigenous State in Lesotho in the 19th century. Accession to the office of chief was governed by the principle of primogeniture and confined to males. All authority was vested in the chief alone. However, freedom of speech was a constitutional right. This, together with the 'pitso' (a convocation to which all full male members of the community were invited) and the 'lekhotla la baeletsi' (council of advisers), formed an institutional check on the potential abuse of chiefly power and afforded a participatory and direct form of government which modern liberal democracy has yet to achieve. In sum, some of the features of chieftaincy are in line with contemporary political discourse, others are not. Notes, ref. |