Association
CSOs decry lack of meaningful participation in constitutional amendment process
On 13th August 2025, Lesotho gazetted the Tenth Amendment to the Constitution (Act No. 2 of 2025), marking a significant reform aimed at enhancing democracy, accountability and inclusivity. The amendment introduces several key provisions that directly impact CSOs and public participation. Notably, Section 22A empowers individuals and associations acting in the public interest to approach competent courts for appropriate relief when a constitutional right is infringed or threatened. This provision enhances the legal standing and capacity of CSOs to engage in public interest litigation, thereby strengthening their role as advocates for marginalised groups and environmental protection. Additionally, the amendment reconstitutes the Human Rights Commission, granting it greater independence from the executive branch, and establishes a new Independent Anti-Corruption and Ethics Commission. Media freedom is also safeguarded through the creation of a Media Council and Ombudsman.
On 17th August 2025, the Prime Minister of Lesotho presented the Tenth Amendment to the Constitution, Act No. 2 of 2025, at the 45th Ordinary SADC Summit in Antananarivo, Madagascar. SADC congratulated Lesotho for its enactment, noting that it marked “positive progress” in the country’s political and security situation and led to its removal from the Organ Troika’s agenda.
The enactment has however faced legal challenges. On 7th September 2025, the Law Society of Lesotho filed a case before the High Court, arguing that the Act was passed without following mandatory constitutional procedures, specifically, the failure to secure a two-thirds majority in Parliament or to hold a national referendum for entrenched clauses. The Law Society also challenged Sections 4, 5, and 6, claiming they weaken Section 85 of the 1993 Constitution by undermining Parliament’s independence and altering its structure.
Similarly, on 15th September 2025, activist Kananelo Boloetse filed a separate lawsuit against the National Assembly also contending that the amendment was enacted in violation of constitutional requirements.
Expression
Activist detained after criticising Prime Minister
On 15th June 2025, Ts’olo “Tjekatjeka” Thakeli, a well-known Mosotho human rights activist and lawyer, was arrested after posting a video that criticised Prime Minister Sam Matekane’s leadership. In the video, Thakeli expressed concern over Lesotho’s persistent unemployment rate and criticised Prime Minister Sam Matekane for not delivering on his promise to create 70,000 jobs after nearly three years in power. He further questioned why the country’s annual budget for 2025 lacked any job creation initiatives and accused the Lesotho Electricity Company of corruption. The day after the video was posted, police raided his home in Teyateyaneng, Berea District without a warrant, seized his phone and detained him. Initially, he was not charged, but authorities later attempted to accuse him of insulting the Prime Minister and inciting violence. These charges were eventually dropped due to lack of evidence, only for him to be re-arrested the same day and charged with sedition.
Thakeli was held under harsh conditions for two days, including exposure to cold and deprivation of basic necessities, before being released on bail.
On 4th July 2025, Thakeli appeared before the Berea Magistrates’ Court on charges of inciting public violence and disturbing the peace.
CSOs, including human rights groups in Lesotho, condemned his arbitrary arrest, stressing that it violated his rights to freedom of expression and protection from unlawful detention. The Information and Communications Technology Justice (ICTJ) and other watchdogs noted that the case demonstrates a troubling attempt to shrink civic space and silence dissent.
Journalist arrested and detained
On 29th August 2025, Mohalenyane Phakela, editor of the Lesotho Times and Sunday Express, was arrested by the Directorate on Corruption and Economic Offences (DCEO) in Maseru. He was accused of impersonating a DCEO officer to obtain documents for an investigative report alleging corruption by Lesotho Correctional Service Commissioner Mating Nkakala, who was accused of misappropriating donated plasma televisions. Phakela was interrogated for seven hours, detained overnight in harsh conditions and had his phones confiscated without a search warrant.
The DCEO later admitted that there was no evidence to support the allegations and dropped the case. Phakela, however, reported significant trauma and humiliation from the arrest. The Media Institute of Southern Africa (MISA Lesotho) condemned the detention, viewing it as an attempt to intimidate investigative journalists and undermine press freedom.