Abstract:
The goal of this study is to document Moshoeshoe II‟s struggle against constitutional
monarchy in the period 1960-1970, during which he struggled to find a satisfactory position
in both the pre and post-independence constitutions. The first decade of his reign was marked
by his attempts to fight against Lesotho becoming a constitutional monarchy. In addressing
this issue the study relied on primary sources that include oral interviews with those closest to
Moshoeshoe II and members of political parties who were active in the 1960‟s. The study
also relied on archival material like proceedings of the Basutoland National Council, press
releases of the Government of Lesotho and newspaper articles.
This study demonstrated that the concept of constitutional monarchy in Lesotho originated in
the 1950‟s. This was a period of great political and constitutional development. The study
identified five factors which influenced the beginning of constitutional monarchy in Lesotho.
The development of three political parties in the 1950‟s was one of the first indicators that
Lesotho was heading towards constitutional monarchy because they represented alternative
leadership to the Paramount Chieftainship. During this period administrative reforms were
also introduced which greatly undermined the power of the Paramount Chieftainship. Britishconcern over native administration in Basutoland led to the formation of the Administrative
Reforms Committee which was formed to investigate native administration and make
recommendations. The exclusion of the Legislative Council from the report of the committee
led to the Basutoland National Council demanding legislative powers. This demand for
legislative power by the Council became another indicator that Lesotho was heading for
constitutional monarchy. The regent Paramount hieftainess ‟Mant e o eeiso did not do
much during this time to fight for the power of the Paramount Chieftainship. When
Moshoeshoe II became Paramount Chief in 1960, he had to perform his duties as dictated by
the constitution. A situation he was unwilling to accept.Moshoeshoe II‟s early life and education had a great impact on his struggle against
constitutional monarchy. He was a product of a polygamous family and was brought up by
his step mother the regent Paramount hieftainess ‟Mantse o and his own mother
‟Ma ereng. The two had completely different views of how he was to e raised and clashed
often. The installation of Moshoeshoe II to the Paramount Chieftainship was surrounded by
much controversy. The regent Paramount Chief and her advisors wanted his installation
delayed until he completed his studies at Oxford ut his mother ‟Ma ereng fought for his
immediate installation with the help of some of his uncles and the leader of the Marema-Tlou
Party Seepheephe S. Matete. After much struggle he was eventually installed to the
Paramount Chieftainship on the 12th March 1960. The key players in his installation became
key players in his struggle against constitutional monarchy. The main player being Chief
Leabua Jonathan who had served as one of the advisors of the Paramount Chieftainess but
had resigned and went on to form the Basutoland National Party, a party that led Lesotho into
independence.
By the time Moshoeshoe II was installed as the Paramount Chief the country had undergonepolitical and constitutional reforms that made it difficult for him to change the position of the
Paramount Chief in the Constitution. Soon after his installation in 1960 Moshoeshoe II
embarked on a series of activities in an attempt to change the constitutional position of the
Paramount Chieftainship. He had to rely on the approval of the National Council, which had
become a Legislative Council, to have the constitution amended. This presented a challenge
because at that time the Paramount Chief could only nominate fourteen members to the
Legislative Council and forty out of the eighty members of the Legislative Council were
commoners who were members by virtue of the District Council elections. In 1962, two years
after his installation to the Paramount Chieftainship, Moshoeshoe II set up a Constitutional
Commission with the aim of finding out the view of the people on the kind of constitutionhey wanted for independent Lesotho. The people who made up the commission were mostly
members of political parties who had their own views on the constitutional future of Lesotho
and the monarchy in particular. When the Commission published its report, it was with the
recommendation that the Paramount Chief in Lesotho should have powers similar to those of
the British monarch. Two constitutional conferences were held in London following the
publication of the report, the first one was in 1964 and it was followed by the 1966
Constitutional Conference. Both these conferences enforced the recommendation of the
Constitutional Commission to give the Paramount Chief limited power in government.
Despite Moshoeshoe II‟s attempts to fight against Lesotho ecoming a constitutional
monarch, on the 4th of October 1966 Lesotho gained her independence and Moshoeshoe II
became a constitutional monarch. Moshoeshoe II continued with his struggle even after
independence leading to a confrontation between him and Prime Minister Leabua Jonathan.
The overall conclusion is that after independence, the Prime Minister used the College of
Chiefs and the Senate to bring Moshoeshoe II under the control of government. He also
introduced laws like the Chieftainship Act 1968, which made it impossible for the chiefs tosupport Moshoeshoe II in his struggle against constitutional monarchy. Moshoeshoe II‟s
struggle against constitutional monarchy ended in 1970 when Prime Minister Leabua
Jonathan declared a State of Emergency and suspended the constitution.