...hinder localisation of SADC model laws
LESOTHO's Parliament is unable to designate a focal person to monitor the domestication of Southern African Development Community (SADC) Model Laws due to financial constraints and a lack of full institutional autonomy.
This was revealed during a benchmarking visit to the Parliament of Lesotho by the SADC Parliamentary Forum (SADC-PF) Regional Parliamentary Model Laws Oversight Committee yesterday at the National Assembly.
Speaking during the engagement, the National Assembly's Deputy Clerk, Libuseng Majoro, said Parliament's financial limitations have hindered its capacity to appoint a dedicated officer for the task.
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"It is unfortunate that the Parliament of Lesotho is unable to designate a focal person to monitor the domestication of SADC Model Laws owing to financial constraints and lack of full autonomy. Recruitment of additional legal officers is, however, underway, and one of these officers will accordingly be designated for this assignment," Ms Majoro said.
She explained that SADC Model Laws are designed to promote legal uniformity within the region. Member States, she said, may choose to adopt them in full, modify them to suit national contexts, or use them as reference material to amend or create new laws.
"The Parliament of Lesotho recognises the importance of the SADC Model Laws as guiding instruments in enacting relevant Acts."
However, she acknowledged that Lesotho lacks a defined process or procedure for domesticating the region's Model Laws.
"Parliament does not have a specific procedure for domesticating Model Laws, but Ministries and Members of Parliament are at liberty to use them as reference material to influence legislative changes -- as they often do."
Despite the absence of a formal framework, the Parliament of Lesotho has enacted several laws aligned with SADC Model Laws. These include the Children's Protection and Welfare (Amendment) Act, 2025, which mirrors the SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage, the Sexual Offences Act of 2003, which repealed outdated legislation on sexual crimes, and the Counter Domestic Violence Act of 2022, which provides for the prevention of domestic violence and the protection of victims' rights.
Ms Majoro further highlighted that the domestication of some Model Laws has yielded positive outcomes for Lesotho, including credible elections with minimal post-election conflicts and a reduction in child marriages.
"In some rural communities, chiefs are now working with the police to curb child marriages. There has also been increased reporting of domestic violence and economic abuse at community level -- a new but encouraging trend," she said.
However, she pointed out lingering challenges, including language barriers and limited public awareness.
"All our laws are written in English and are not translated into Sesotho, which makes it difficult for rural communities to understand them. As a result, many cases of child marriage and domestic violence go unreported due to ignorance and poverty," Ms Majoro lamented.
For his part, Member of Parliament for Pela-Tšoeu constituency and Chairperson of the SADC-PF Standing Committee on Human and Social Development and Special Programmes, Mope Khati, said the benchmarking visit was an opportunity for mutual learning.
"This visit is not only an occasion to showcase our achievements but also an opportunity for collective reflection and learning.
"Domestication of SADC Model Laws reminds us that progress is not measured only by the passage of legislation, but by the impact such laws have on the lives of the people they are meant to protect," Mr Khati said.
He added that the exercise would help assess implementation challenges and explore strategies to strengthen enforcement and accountability.
"It will allow us to examine how effectively our policies translate into action and to learn from one another. In the SADC family, no nation walks alone -- we are bound by shared histories, shared values, and shared dreams for a just, inclusive, and peaceful region."
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Mr Khati emphasised that SADC Model Laws represent a collective regional commitment to human rights, gender equality, and social justice.
"By domesticating these Model Laws, we bring SADC's principles from paper into practice -- ensuring that our region moves forward as one: united, accountable, and responsive to the needs of its citizens."
Meanwhile, Chairperson of the Regional Parliamentary Oversight Committee, Chushi Kasanda, said the Committee's visit aimed to understand how the domestication process operates in Lesotho.
"In this benchmarking exercise, we seek to understand how the domestication process unfolds in Lesotho -- including in-country mechanisms triggered upon adoption of a Model Law by the Forum, prospects for future domestication, and challenges faced, particularly in collaboration between the Executive and the Legislature.
"In other words, we wish to learn from Lesotho as a case study from which lessons and good practices can be shared with other countries," Mr Kasanda said.
