Revised Constitution of Ledgersia

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Revision as of 02:50, 23 July 2010

CHAPTER — The Executive

PART I — The President and the Vice-President

1. (1) There shall be for the Federation a President.

(2) The President shall —
(a) be the Head of State, the Head of Government, and the Commander-in-Chief of the Armed Forces of the Federation;
(b) be a symbol of national unity, and have the responsibility to —
(i) promote and enhance the unity of the nation;
(ii) safeguard the sovereignty of the Federation;
(iii) promote and respect the diversity of the people and the communities of _____; and
(c) uphold, safeguard, and respect this Constitution and ensure the protection of human rights and fundamental freedoms and the rule of law.

(3) The powers of the President shall be exercised in accordance with this Constitution and the laws.

2. Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President if that person —
(a) is a citizen of _____ by birth; and
(b) has attained the age of thirty-five years.

3. (1) The President shall be elected in accordance with the provisions of this Constitution and subject thereto.

(2) Election of the President shall be —
(a) by direct, universal and equal suffrage; and
(b) conducted in accordance with principles and procedures to be determined by Act of Parliament:

Provided that no person shall be elected as President unless he received more than fifty percent of the votes cast and the necessary number of ballots shall be conducted until result is reached.

(3) An election to the said office shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(4) For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.

(5) The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament:

Provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.

4. No person shall be eligible for nomination as a candidate for election as President if that person —
(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(b) has been declared insolvent or adjudged or otherwise declared bankrupt under any law for the time being in force in _____ and has not been discharged, or has made a composition with his creditors and has not paid his debts in full;
(c) is certified to be insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in _____;
(d) is the holder of a public office or a member of Parliament, unless that person first resigns;
(e) is a serving member of the Armed Forces of the Federation;
(f) is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
(g) has, within the last ten years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; or
(h) has, within the last ten years, been convicted by a competent court of any violation of any law relating to election of the President or election of the members of Parliament.

5. (1) A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the following oath:

“I.....do solemnly swear that I will maintain the Constitution of _____ and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of _____. So help me God.”

(2) The oath aforesaid shall be administered by the Chief Justice of _____ or the person for the time being appointed to exercise the functions of that office.

(3) Instead of taking an oath, the President may, if he thinks fit, make an affirmation which shall be in the like form with the substitution of “affirm” for “swear”, and the omission of the final sentence.

(4) A person elected to be President shall be sworn into office, in accordance with subsection (1), within thirty days of being elected.

(5) The President shall hold office until such time as his successor is sworn in.

6. The President shall hold office for a period of five years from the date upon which he takes the oath prescribed in section five, and shall, on the termination of his period of office, be eligible for re-election:

Provided that a President who has held office for two terms shall not be eligible for re-election for a third term of office.

7. There shall be for the Federation a Vice-President.

8. (1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.

(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.

9. (1) Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President.

(2) If the office of President —
(a) becomes vacant in circumstances in which there is no Vice-President; or
(b) is vacant whilst the Vice-President is absent from _____ or is, by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section two of this Constitution, be performed by such Minister as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.

(3) Any person performing the functions of the office of President by virtue of subsection (1) or (2) of this section shall not exercise the power of the President to dissolve Parliament.

10. (1) Whenever the President is absent from _____ or considers it desirable to do so by reason of illness or any other cause he may, by directions in writing, authorize —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or is, by reason of physical or mental infirmity, unable to perform the functions of his office, some other Minister, to discharge such of the functions of the office of President as he may specify, and the Vice-President or other Minister may discharge those functions until his authority is revoked by the President.

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform those functions —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his office, such Minister as the Cabinet shall appoint, shall perform the functions of the office of President.

(3) A person performing the functions of the office of President under this section shall not exercise the power of the President to dissolve Parliament.

(4) A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.

(5) For the purposes of this section, a certificate of the Chief Justice that —
(a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform the functions of his office; or
(b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:

Provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he is about to resume the functions of the office of President.

10. (1) The President or Vice-President shall be removed from office where the President or Vice-President, as the case may be, has been indicted and convicted by impeachment.

(2) The procedure for impeachment shall be as laid down by the Standing Orders of Parliament, provided that they are in full accord with the principles of natural justice and that —
(a) indictment and conviction by impeachment shall only be on the grounds of serious violation of the Constitution or serious breach of the written laws of the Republic that either occurred or came to light during the term of office of the President or the Vice-President;
(b) indictment on impeachment shall require the affirmative vote of two-thirds of the members of the House of Representatives in a committee of the whole house;
(c) conviction on impeachment shall require the affirmative vote of two-thirds of the members of both Chambers;
(d) conviction in cases of impeachment shall cause the removal, and disqualification from future office, of the office holder; and
(e) conviction by way of impeachment shall not act as a bar to legal proceedings.

11. The President and Vice-President shall receive such salary or allowance as may, from time to time, be determined by an Act of Parliament and shall have such adequate number of residences and personal staff, at State expense, as an Act of Parliament may prescribe.

PART II — Executive Government

12. (1) The executive power of _____ shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.

(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.

(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

13. (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.

(2) The Public Seal shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of _____.

14. (1) A decision by the President under the authority of this Constitution or of any other legislation shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.

(2) The signature of the President on any instrument shall be confirmed as provided in section thirteen.

15. (1) As the Head of State, the President shall uphold, protect and defend the Constitution as the Supreme Law, and shall perform with dignity and leadership all acts necessary, expedient, reasonably and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of _____, which he is constitutionally obliged to protect, to administer and to execute.

(2) In accordance with the responsibility of the executive branch of Government to the legislative branch, the President and the Cabinet shall each year during the consideration of the official budget attend Parliament. During such session the President shall address Parliament on the state of the nation and on the future policies of the Government, shall report on the policies of the previous year and shall be available to respond to questions.

(3) Without derogating from the generality of the functions and powers contemplated by subsection (1), the President shall have the power, subject to this Constitution to —
(a) dissolve the House of Representatives by Proclamation in the circumstances provided for in section _____;
(b) determine the times for the holding of special sessions of the House of Representatives, and to prorogue such sessions;
(c) accredit, receive and recognize ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;
(d) establish and dissolve such Government departments and ministries as the President may at any time consider to be necessary or expedient for the good government of _____;
(e) confer honors and precedence on citizens, residents and friends of _____ in consultation with interested and relevant persons and institutions;
(f) appoint commissions of inquiry;
(g) appoint the following persons —
(aa) the Prime Minister;
(bb) Ministers and Deputy Ministers;
(cc) any other person or persons who are required by any other provision of this Constitution or any other law to be appointed by the President.

(4) The President shall also have the power, subject to this Constitution, to appoint on the recommendation of the Cabinet —
(a) the Attorney-General;
(b) the Chief Justice and other Judges of the Supreme Court;
(c) the Ombudsman;
(d) the Proecutor-General; and
(e) the Auditor-General.

(5) Appointments under subsection (4) shall be subject to the approval of the Senate.

16. (1) The President, in his capacity as Commander-in-Chief of the Armed Forces of the Federation, may, subject to such conditions as may be prescribed by or under any law —
(a) mobilize and call out the Armed Forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
(b) confer commissioned ranks in the Armed Forces on any person serving or qualified to serve therein and give to such person a commission under his hand.

(2) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the Armed Forces any of the powers mentioned in subsection (1) of this section.

17. The President may —
(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.

18. (1) If, at any time, the President considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.

(2) An Act of Parliament may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.

19. (1) The President may make treaties, conventions, agreements or other arrangements between _____ and any other country, international organization or body in respect of any matter.

(2) Parliament shall make laws to govern adoption of treaties, agreements or other arrangements mentioned above.

20. The President may, with approval of Parliament, declare that a state of war exists between _____ and any other country.

21. (1) The President may, in consultation with Cabinet, by Proclamation published in the Gazette, declare that a state of emergency exists in _____ or any part of _____ if he is satisfied that circumstances exist in _____ or that part of _____ —
(a) in which _____ or that part of it is threatened by war or external attack;
(b) in which security or economic life of the country or that part is threatened by internal conflicts or natural disaster; or
(c) which make it necessary to take measures which are required to secure public safety, defense of Uganda and maintenance of public order and services essential to the life of the community.

(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
(a) in the case of a declaration made when the House of Representatives is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;
unless, before the expiration of that period, the decision is approved by a resolution passed by the House of Representatives:

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution passed by the House of Representatives.

(3) Where a declaration in terms of subsection (1):
(a) is not approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the House of Representatives has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the Gazette, revoke such declaration;
(b) is approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:

Provided that, where the House of Representatives has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.

(4) If the House of Representatives resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.

(5) The House of Representatives may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the Gazette, revoke such declaration.

(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.

(7) For the purposes of this section the House of Representatives shall be regarded as meeting for the transaction of business during a period —
(a) beginning on the day the House of Representatives first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(b) ending on the day the House of Representatives next adjourns in pursuance of a resolution the purpose of which is that the House of Representatives shall stand adjourned for more than thirty days or on the day the House of Representatives is dissolved or prorogued, whichever is the sooner.

PART III — The Cabinet

22. (1) There shall be a Cabinet which shall consist of the President, the Vice-President, the Prime Minister, the Ministers, and the Attorney-General.

(2) The Cabinet shall exercise the powers and functions assigned to it by this Constitution or an Act of Parliament and shall be responsible for advising the President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President.

(3) There shall preside at meetings of the Cabinet —
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, such Minister as the President may designate.

(4) The Cabinet may act notwithstanding any vacancy in its membership.

23. (1) There shall be a Secretary to the Cabinet who shall be appointed by the President and whose office shall be public office and who shall —
(a) have charge of the Cabinet office;
(b) be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes of the Cabinet;
(c) convey the decisions of the Cabinet to the appropriate persons or authorities; and
(d) have such other functions as the Cabinet may direct.

(2) The Secretary to the Cabinet —
(a) may be removed from office by the President; or
(b) may resign from office in writing, addressed to the President, and the resignation shall take effect on the receipt of the letter by the President.

(3) On the assumption to office of a new government, the person holding office as Secretary to the Cabinet shall cease to hold that office.

24. (1) There shall be a Prime Minister who shall be appointed by the President in accordance with the provisions of this section.

(2) The President shall appoint as Prime Minister a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of the House:

Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament stands dissolved, a person who was a member of the House of Representatives immediately before the dissolution may be appointed to the office of Prime Minister.

(3) The Prime Minister shall be accountable to the President and shall, under the general direction of the President —
(a) be the Leader of Government business in Parliament;
(b) co-ordinate the work of the Cabinet;
(c) perform or cause to be performed such other duties as the President may direct; and
(d) perform such other functions as are conferred by this Constitution and any other functions as the President may assign.

(4) In the absence of the Prime Minister, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President in that behalf.

(5) The term of office of the Prime Minister shall continue until —
(a) the Prime Minister dies, resigns or is dismissed from office; or
(b) the next person appointed Prime Minister following an election assumes office.

(6) The Prime Minister may at any time by notice in writing addressed to the President resign his office.

25. (1) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of _____ as may be established by Parliament or, subject to any provision made by Parliament, by the President.

(2) The President shall appoint the other Ministers from among the members of the House of Representatives:

Provided that if occasion arises for making an appointment to the office of Minister other than Prime Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the House of Representatives may be appointed to the office of Minister.

(3) Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department and, subject to such direction and control, every department of Government shall be under the supervision of the Principal Secretary whose office shall be an office in the public service:

Provided that two or more government departments may be placed under the supervision of one Principal Secretary.

(4) The President may appoint Deputy Ministers of any specified department of Government or of such other description as the President may determine.

(5) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.

(6) The President shall appoint the Deputy Ministers from among the members of the House of Representatives:

Provided that if occasion arises for making an appointment to the office of Deputy Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the House of Representatives may be appointed to the office of Deputy Minister.

(7) A Minister or a Deputy Minister may at any time by notice in writing addressed to the President resign his office.

26. The office of the Prime Minister, Minister or Deputy Minister shall become vacant —
(a) if he ceases to be a member of the House of Representatives otherwise than by reason of a dissolution of Parliament;
(b) if, when the House of Representatives first meets after a dissolution of Parliament, he is not then a member thereof;
(c) if the President so directs;
(d) if the holder of the office dies or resigns from office; or
(e) when the next person appointed to that office assumes office.

27. (1) Appointments under this Part shall be made by the President by instrument under the Public Seal.

(2) A person appointed under this Part shall, before assuming the duties of his office, make and subscribe before the President or a person designated by him for the purpose, an oath in such form as the President may determine.

28. (1) There shall be the office of Attorney General, who shall be the principal legal adviser to the Government.

(2) Such powers as are vested in the office of the Attorney General may be exercised by the person appointed to that office or such other persons in the public service, acting as subordinates of that person and in accordance with his general and specific instructions.

(3) Appointment to the office of Attorney General shall be made by the President.

(4) The office of Attorney General shall become vacant after the person holding that office has served for five years, or on his resignation or retirement, whichever is sooner, provided that the person holding that office may be nominated for such further terms, not exceeding five years, as the President considers appropriate.

(5) The office of Attorney General may either be the office of a Minister or may be a public office.

(6) The Attorney General shall be subject to removal by the President on the grounds of incompetence, incapacity or being compromised in the exercise of his duties to the extent that his ability to give impartial legal advice is seriously in question.

29. (1) The Cabinet shall meet at least once a month.

(2) The quorum at a meeting of the Cabinet shall be one half of all the members of the Cabinet.

(3) A decision by the Cabinet shall be in writing.

(4) A decision of the Cabinet shall not be valid, and shall not be implemented, unless it is signed by the President.

(5) Members of the Cabinet shall collectively and individually, be accountable to Parliament for —
(a) the exercise of their powers and the performance of their functions; and
(b) the administration and implementation of legislation assigned to them.

(6) A Minister shall attend before Parliament, or a committee of Parliament, when required to do so and shall answer any question concerning a matter assigned to that Minister.

(7) Members of the Cabinet shall provide Parliament with full and regular reports concerning matters under their control.

The King may, acting in accordance with the advice of the Council of State, remove the Prime Minister from office—
(a) if a resolution of no confidence in the Government of Lesotho is passed by the National Assembly and the Prime Minister does not within three days thereafter, either resign from his office or advise a dissolution of Parliament; or
(b) if at any time between the holding of a general election to the National Assembly and the date on which the Assembly first meets thereafter, the King considers that, in consequence of changes in the membership of the Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the Assembly.

(6) The office of the Prime Minister shall become vacant—
(a) if he ceases to be a member of the National Assembly otherwise than by reason of a dissolution of Parliament; or
(b) if, when the National Assembly first meets after a dissolution of Parliament, he is not then a member thereof.

28. The office of a Minister other than the Prime Minister shall become vacant—
(a) if he ceases to be a member of either House of Parliament otherwise than by reason of a dissolution of Parliament; or
(b) if he becomes a Senator other than a Senator nominated under section 55 of this Constitution; or
(c) if, when the two Houses of Parliament first meet after a dissolution he is not then either a member of the National Assembly or a Senator nominated under section 55 of this Constitution; or
(d) if the King, acting in accordance with the advice of the Prime Minister, so directs; or
(e) if the Prime Minister resigns from office within three days after the passage by the National Assembly of a resolution of no confidence in the Government of Lesotho or is removed from office under subsection (5); or
(f) on the appointment of any person to the office of Prime Minister.

(8) A resolution of no confidence in the Government of Lesotho shall not be effective for the purposes of subsections (5)(a) and (7)(e) unless it proposes the name of a member of the National Assembly for the King to appoint in the place of the Prime Minister.

18. (1) The President may remove the Prime Minister from office —

(5) The King may, acting in accordance with the advice of the Council of State, remove the Prime Minister from office—
(a) if a resolution of no confidence in the Government of Lesotho is passed by the National Assembly and the Prime Minister does not within three days thereafter, either resign from his office or advise a dissolution of Parliament; or
(b) if at any time between the holding of a general election to the National Assembly and the date on which the Assembly first meets thereafter, the King considers that, in consequence of changes in the membership of the Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the Assembly.

(6) The office of the Prime Minister shall become vacant—
(a) if he ceases to be a member of the National Assembly otherwise than by reason of a dissolution of Parliament; or
(b) if, when the National Assembly first meets after a dissolution of Parliament, he is not then a member thereof.

(7) The office of a Minister other than the Prime Minister shall become vacant—
(a) if he ceases to be a member of either House of Parliament otherwise than by reason of a dissolution of Parliament; or
(b) if he becomes a Senator other than a Senator nominated under section 55 of this Constitution; or
(c) if, when the two Houses of Parliament first meet after a dissolution he is not then either a member of the National Assembly or a Senator nominated under section 55 of this Constitution; or
(d) if the King, acting in accordance with the advice of the Prime Minister, so directs; or
(e) if the Prime Minister resigns from office within three days after the passage by the National Assembly of a resolution of no confidence in the Government of Lesotho or is removed from office under subsection (5); or
(f) on the appointment of any person to the office of Prime Minister.

(8) A resolution of no confidence in the Government of Lesotho shall not be effective for the purposes of subsections (5)(a) and (7)(e) unless it proposes the name of a member of the National Assembly for the King to appoint in the place of the Prime Minister.

95. The Council of State (1) There shall be in and for Lesotho a Council (to be styled the Council of State) to assist the King in the discharge of his functions and to exercise such other functions as are conferred by this Constitution. (2) The Council of State shall consist of— (a) the Prime Minister; (b) the Speaker of the National Assembly; (c) two judges or former judges of the High Court or Court of Appeal who shall be appointed by the King on the advice of the Chief Justice; (d) the Attorney-General; (e) the Commander of the Defence Force; (f) the Commissioner of Police; (g) a Principal Chief who shall be nominated by the College of Chiefs; (h) two members of the National Assembly appointed by the Speaker from among the members of the opposition party or parties. In making this appointment the Speaker shall appoint the leader of the opposition and the leader of the opposition party or coalition of parties having the next greatest numerical strength. If there is only one opposition party the Speaker shall appoint another member of that party; (i) not more than three persons who shall be appointed by the King on the advice of the Prime Minister, by virtue of their special expertise, skill or experience: Provided that no person shall be appointed under this paragraph if he is disqualified to be elected as a member of the National Assembly under section 59 of this Constitution; (j) a member of the legal profession in private practice who shall be nominated by the Law Society established by the Law Society Act 1983, or by some other professional body established under any law replacing the Law Society Act 1983. (3) A person who is not a citizen of Lesotho shall not be eligible to sit as a member of the Council of State. (4) Subject to subsection (5), a member of the Council of State referred to in subsection (2)(c), (g), (i) or (j) shall hold office for a period of six years but shall be eligible for re-appointment as a member of the Council of State. (5) A member of the Council of State shall vacate his office— (a) in the case of a member referred to in subsection (2)(a), (b), (d), (e) or (f), if he ceases to hold the office by virtue of which he became such a member; (b) in the case of a member referred to in subsection (2)(c) if the King, acting in accordance with the advice of the Chief Justice, so directs; (c) in the case of a member referred to in subsection (2)(g), if he is removed by the College of Chiefs; (d) in the case of a member referred to in subsection (2)(h), if he ceases to be such leader as is mentioned in subsection (2)(h) or when the National Assembly first meets after a dissolution of Parliament, whichever first occurs; (e) in the case of a member referred to in subsection (2)(i), if he is removed by the King on the advice of the Prime Minister: Provided that the provisions of section 142 (4) to (7) shall apply to any such member as they apply to a person holding the office of Auditor-General; (f) in the case of a member referred to in subsection (2)(j) if he is removed by the Law Society or such other professional body as is mentioned in subsection (2)(j). (6) The quorum of the Council of State is eight and subject thereto the Council may act notwithstanding any vacancy in its membership. (7) Meetings of the Council of State shall be summoned by the King and its advice shall be tendered in writing. (8) If the King does not call a meeting of the Council of State for consideration of any matter on which the advice of the Council is required, the Prime Minister shall summon a meeting of the Council of State, failing which any member of the Council, supported by not less than seven other members, may call a meeting of the Council of State. (9) The King may attend any meeting of the Council and, if he does attend, shall preside; in the absence of the King the Prime Minister or such other member as may be prescribed by its rules of procedure shall preside at meetings of the Council. (10) The Council of State may request any public officer or any other person holding or acting in any office established by or under this Constitution or any authority so established to assist it in the exercise of its functions (whether by way of attendance before the Council or otherwise) and any such officer or authority shall comply with any such request. (11) Subject to the provisions of this section, the Council of State may regulate its own procedure.

CHAPTER — The Legislature

(1) The Legislature shall have power to make laws, to be entitled “Acts”, for the peace, order, and good government of the Federation with respect to —
(i) Accounts of the Government of the Federation, and of offices, courts, and authorities thereof, including audit of those accounts;
(ii) Aviation, including airports, safety of aircraft and carriage of passengers and goods by air;
(iii) Awards of national titles of honor, decorations and other dignities;
(iv) Bankruptcy and insolvency;
(v) Borrowing money on the public credit of the Federation;
(vi) Census and statistics;
(vii) Citizenship, naturalization and aliens;
(viii) Copyright;
(ix) Creation of States;
(x) Currency, coinage and legal tender;
(xi) Customs and excise duties;
(xii) Defense;
(xiii) Deportation of persons who are not citizens of _____;
(xiv) Diplomatic, consular and trade representation;
(xv) Exchange control;
(xvi) Export duties;
(xvii) External affairs;
(xviii) Extradition;
(xix) Fisheries in _____ waters beyond territorial limits;
(xx) Foreign corporations, and trading or financial corporations formed within the limits of the Federation;
(xxi) Immigration into and emigration from _____;
(xxii) Legal proceedings between Governments of States or between the Government of the Federation and Government of any State or any other authority or person;
(xxiii) Maritime shipping and navigation;
(xxiv) Military (Army, Navy and Air Force) including any other branch of the armed forces of the Federation;
(xxv) Mines and minerals, including oil fields, oil mining, geological surveys and natural gas;
(xxvi) Nuclear energy;
(xxvii) Passports and visas;
(xxviii) Patents, trade marks, trade or business names, industrial designs and merchandise marks;
(xxix) Pensions, gratuities and other-like benefit payable out of the Consolidated Revenue Fund or any other public funds of the Federation;
(xxx) Posts, telegraphs and telephones;
(xxxi) Public debt of the Federation;
(xxxii) Public relations of the Federation;
(xxxiii) Public service of the Federation including the settlement of disputes between the Federation and officers of such service;
(xxxiv) Quarantine;
(xxxv) Railways;
(xxxvi) Trade and commerce between _____ and other countries;
(xxxvii) Weights and measures;
(xxxviii) Any other matter with respect to which the Legislature has power to make laws in accordance with the provisions of this Constitution.

(2) The Legislature shall further have the power and function, subject to this Constitution —
(a) to approve budgets for the effective government and administration of the country;
(b) to provide for revenue and taxation;
(c) to agree to the ratification of or accession to international agreements which have been negotiated and signed in terms of section _____;
(d) to receive reports on the activities of the Executive, and from time to time to require any senior official to appear before any of the committees of the Legislature to account for and explain his acts and programs;
(e) to debate and to advise the President in regard to any matters which by this Constitution the President is authorized to deal with; and
(f) generally to exercise any other functions and powers assigned to it by this Constitution or any other law and any other functions incidental thereto.