Browsing by Author "Nyane, H."
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Item Assignment of functions to local authorities in Lesotho(UTS ePress, 2016-12) Nyane, H.In Lesotho the adoption of the new constitution in 1993 made provision for local development. These constitutional provisions were only operationalised in 1997 through an Act of parliament (Local Government Act 1997). The question of how functions are assigned between the central and local governments has always been an area of dispute. The Act attempted to demarcate the assignments through the Schedules to the Act which embody the functions of local authorities at various levels – community councils, urban councils and district councils. However, local development and service delivery continue by and large to be undertaken by central government despite the demarcation. The purpose of this paper, therefore, is to critically analyse the challenges of assignment of functions to local authorities in Lesotho. The paper contends that as the assignment of functions is integral to decentralisation in Lesotho, intergovernmental relations and assignment of functions should be incorporated into the country’s constitution.Item The Constitution of Lesotho by Saha, Tusha.(Lesotho Law Journal, 2014) Nyane, H.The Constitution of Lesotho constitutes a seminal contribution by a scholar 'of no mean stature like Professor Tusha Kanti Saha who coincidentally, hails from one of the most progressive jurisdictions and a mature democracy, republic of India', to use the words of Chief Justice Lehohla in his foreword to the work. This book is incontrovertibly the only work on the Constitution of Lesotho that covers the jurisprudential twists and turns of the constitutional law of the Kingdom of Lesotho. It touches on all salient features of the edifice such as the history of the Constitution of Lesotho, the notions of liberal constitutionalism like the rule of law, the Bill of Rights and all the key institutions of the design. This comprehensive approach was last employed by Palmer and Poulter in their classic work, The Legal System of Lesotho.1 The later work by Maqutu, Contemporary Constitutional History of Lesotho is an historicnarrative piece which, although it filled the void on the often downplayed history of the constitution of Lesotho, is not necessarily comparative or analytic on the contemporary trends in constitutional discourse.Item Developments of Constitutional Democracy: 20 Years of the Constitution of Lesotho.(Lesotho Law Journal, 2014) Nyane, H.The Lesotho Constitution of 1993, although it bears all the hallmarks of the erstwhile British colonies, ushered in a paradigmatic shift in the development of constitutional democracy in Lesotho. It came to break a long haul of nonconstitutionalism combined with military rule. The constitution therefore introduces a new order based on popular government and multi-partyism as opposed to militarism and one-party dictatorship; rule of law as opposed to arbitrariness and hope as opposed to despondency. The purpose of this article therefore is to evaluate not only how the doctrine of constitutional democracy permeated the post-colonial constitutional design in Lesotho, but also how it has practically fared in constitutional practice. The essay starts-off by placing the 1993 Constitution within its typology and then assesses the theory of constitutionalism. The major strands of constitutionalism are evaluated, namely; separation of powers, the rule of law and independence of the judiciary in the context of the post 1993 constitutional dispensation.Item Formation of a Government in Lesotho in the Case of a Hung Parliament(University of the Western Cape (UWC), 2016) Nyane, H.Item Interfacing Climate Change with Local Governance in Lesotho(UNDP Socio-Economic Policy Review, 2013) Nyane, H.Item Lesotho Bracing for the Second Wave of Decentralization.(UNDP Socio-Economic Policy Review, 2013) Nyane, H.Item Quota System and Political Empowerment of Women in Lesotho(UNDP Socio-Economic Policy Review, 2013) Nyane, H.Item Ramifications of 2014/2015 Budget Speech on Fiscal Decentralisation.(UNDP Socio-economic Policy Review, 2014) Nyane, H.Item Towards the National Youth Development Law in Lesotho: The Missing Link.(Lesotho Social Science Review, 2013) Nyane, H.