Dear Members of the Portfolio Committee on Law and Public Safety Cluster,
Subject: Proposal for Constitution Day on April 2
I hope this message finds you well. I am writing to propose an addition to the Public Holidays Bill, 2025, specifically suggesting that Lesotho declare April 2 as the Constitution Day. This proposal is inspired by the need to commemorate the nation’s foundational document and the values it encapsulates. It is unfortunate that the Public Holidays Act, 1995 omitted such a significant day in the life of Lesotho as a Nation despite being promulgated two years after the return to democratic constitutional governance.
April 2 marks the day when the Constitution of Lesotho was adopted and came into effect. This day represents a pivotal moment in the nation’s history signifying the return to constitutionalism, and the commitment to democratic principles. The day also marks a long drawn out transition from the suspension of the Constitution in 1970 and the military takeover in 1986.
Creating a public holiday to celebrate Constitution Day can promote national pride, foster national identity and collective unity, as well as educating the nation on the importance of the Constitution. This could provide an opportunity for schools, communities, and government institutions to engage in discussions, education sessions, and activities that promote constitutional literacy and civic responsibility. In fact, it would be great if the entire month of April is dedicated as Constitution Month with every institution, department and ministry that benefits from the public purse encouraged to implement activities towards constitutional literacy.
Moreover, establishing Constitution Day would serve to remind the future generations of the democratic ideals, the endurance of the Constitution and encourage participation in the on-going process of constitution and national re-building. It can also help instil a greater respect for the constitutional framework encouraging citizens to uphold the principles enshrined within the Constitution. The day should be used as a reminder that among a host of laws, the law that truly originates and reflects the will of the Nation unlike ordinary acts of parliament is the Constitution. Constitutional literacy will capacitate the citizens to protect the Constitution and democracy against abusive constitutionalism, abusive borrowing, abusive legalism, constitutional retrogression, and/ or clownstitutionalism by any of the arms of government: the Executive, Parliament and/ or the Judiciary.
I urge the Law and Public Safety Cluster to consider this suggestion for the Public Holidays Bill and look forward to your favourable response. Thank you for the continued engagement of the public in the legislative making process; it is a constitutional dictate which reflects an accountable and transparent leadership.
Yours sincerely
Mokitimi Ts’osane (Advocate)
ORCID: http://orcid.org/0000-0003-2760-2290
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