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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Legal aspects of the Lesotho constitutional crisis
Authors:Stein, M.H.
Stein-MacGinley, Eileen
Periodical:East African Law Journal
Geographic term:Lesotho
state of emergency
Abstract:After the election of 27th January, 1970, Lesotho's Prime Minister, Chief Leabua Jonathan, declared Lesotho to be in a state of emergency and suspended the Constitution, pending the drafting of a new one. The conclusion of the author is that this declaration of the state of emergency probably was not made in conformity with the Constitution, though its constitutionality could not have been effectively challenged in court. The purported suspension of the Constitution was clearly illegal, so that the orders issued by Chief Jonathan and the Cabinet since 30th January are ultra vires and of no legal effect. Parts of the article: 1. Background - 2. Requirements for a declaration of emergency - 3. Suspension of the Constitution - 4. Suspension of sittings of the High Court - 5. Post-suspension legal notices - 6. The Lesotho Order, 1970 - 7. Other postemergency 'legislation' - 8. Conclusion.