Lesotho 1993 Constitution (reviewed 2018) - Page 16 of 19

Table of Contents

CHAPTER XV. TRANSITIONAL AND TEMPORARY PROVISIONS

156. Existing law and related matters

Subject to the provisions of this Constitution, the existing laws shall continue in force and effect on and after the coming into operation of this Constitution and shall then have effect as if they had been made in pursuance of this Constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
Where any matter that falls to be prescribed or otherwise provided for under this Constitution by Parliament or by any other person or authority is prescribed or provided for by or under any of the existing laws (including any amendment to any such law made under this section), that prescription or provision shall, as from the coming into operation of this Constitution, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution) as if it had been made under this Constitution by Parliament or, as the case may be, by the other person or authority.
The King, acting in accordance with the advice of the Minister responsible for legal affairs, may by regulations made at any time within one year of the coming into operation of this Constitution make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Constitution or otherwise for giving effect or enabling effect to be given to those provisions.
The provisions of this section shall be without prejudice to any powers conferred by this Constitution or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law, and regulations made under this section may be amended or revoked by Parliament or, in relation to any of the existing laws affected thereby, by any other authority having power to amend, repeal or revoke that existing law.
In this Chapter, “existing law” means any law or instrument having force and effect as part of the law of Lesotho immediately before the coming into operation of this Constitution (and includes any such law or instrument made before that day and promulgated or otherwise coming into operation on or after that day), but does not include any such law or instrument which is repealed, by this Constitution or otherwise, on the coming into operation of this Constitution.

157. The King and the Regent

The person holding the office of King under the Office of King Order 1990 immediately before the coming into operation of this Constitution shall, subject to the provisions of this Constitution, continue to hold that office and shall take and subscribe the oath for the due execution of his office which is set out in Schedule 1 to this Constitution.
A person holding the office of Regent under the Office of King Order 1990 immediately before the coming into operation of this Constitution shall, subject to the provisions of this Constitution, continue to hold that office and shall take and subscribe the oath for the due execution of his office which is set out in Schedule 1 to this Constitution.

158. Prime Minister

On the coming into operation of this Constitution, the person who is appointed Prime Minister Designate in accordance with section 4 of the Lesotho Constitution (Commencement) Order 1993 shall, notwithstanding section 87(2), be deemed to have been appointed Prime Minister under section 87 of this Constitution, and shall take and subscribe the oath provided for by section 94.

159. The Assembly

On the coming into operation of this Constitution, the members of the National Assembly elected in the general election held under the National Assembly Election Order 1992 shall become members of the National Assembly established by this Constitution–
Notwithstanding sections 56, 67 and 74(2) of this Constitution, until the first dissolution of the National Assembly following the coming into operation of this Constitution,
1. Lesotho shall be divided into 65 constituencies as provided by the National Assembly Election Order 1992;
2. the National Assembly shall consist of 65 members; and
3. the quorum of the National Assembly shall be sixteen members.
Notwithstanding section 67(3), the Electoral Commission shall, as soon as practicable before the first dissolution of the National Assembly following the commencement of this subsection, review the boundaries of the constituencies into which Lesotho is divided in order to give effect to the provisions of section 67 and may, for the purpose of that review, take into account, modify or where necessary, repeal any review undertaken by the Constituency Delimitation Commission in existence before the commencement of this subsection.

160. Rules of Procedure of Parliament

Until rules are made by the Senate and National Assembly under section 81 of this Constitution, the rules made by the Senate and National Assembly under section 66 of the Independence Constitution of 1966 shall have effect to regulate the procedure of Parliament.

161. High Court

The High Court of Lesotho in existence immediately before the day on which this Constitution comes into operation shall, as from that day, be the High Court for the purposes of this Constitution, and any proceedings pending before the High Court of Lesotho immediately before that day may be continued before the High Court of Lesotho as hereby constituted and any judgement or order of the former High Court given, but not satisfied, before that day may be enforced accordingly.
The provisions of section 163 of this Constitution shall apply in relation to the offices of Chief Justice and judge of the High Court, and any person who, by virtue of the provisions of this subsection, hold or acts in any such office as from the coming into operation of this Constitution shall be deemed to have taken and subscribed any necessary oath under this Constitution.

162. Court of Appeal

The Court of Appeal for Lesotho in existence immediately before the day on which this Constitution comes into operation shall, as from that day, be the Court of Appeal for the purposes of this Constitution and any proceedings pending before the Court of Appeal for Lesotho immediately before that day may be continued before the Court of Appeal as hereby constituted and any judgement or order of the former Court of Appeal given, but not satisfied, before that day may be enforced accordingly.
The provisions of section 163 of this Constitution shall apply in relation to the Offices of President and Justices of Appeal of the Court of Appeal and any person who, by virtue of the provisions of this subsection, holds or acts in any such office as from the coming into operation of this Constitution shall be deemed to have taken and subscribed any necessary oath under the Constitution.

163. Existing public officers

Subject to subsection (2), every person who immediately before the day on which this Constitution comes into operation holds or is acting in an office shall, as from that day, hold or act in that office or the corresponding office established by this Constitution as if he had been appointed to do so in accordance with the provisions of the Constitution:Provided that any person who under any existing law would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.
The provisions of this section do not apply to a person who held or acted in any office established by a law repealed, by this Constitution or otherwise, on the coming into operation of this Constitution.

164. Salaries charged on the Consolidated Fund

Where under any existing law or any arrangements in force immediately before the coming into operation of this Constitution, provision is made for the salary and allowances of any person to whom section 163 applies and whose office is specified in section 115(5) such salary and allowances shall, until Parliament makes further provision in that regard, be a charge on the Consolidated Fund.
The Minister responsible for finance may, by regulations, prescribe the salaries and allowances of the offices specified in section 115(5) other than those of a person to whom subsection (1) of this section applies, and such salaries and allowances shall, until Parliament makes further provision in that regard, be a charge on the Consolidated Fund.

165. Declaration of public emergency

If, immediately before the coming into operation of this Constitution, a declaration of emergency made under section 3 of the Emergency Powers Order 1988 is in force, such declaration shall be deemed to be a declaration of a state of emergency made on the date on which this Constitution comes into operation and the provisions of section 23 shall apply accordingly.