Abstract

SHALE, Itumeleng. Implications of Lesotho's COVID-19 response framework for the rule of law. Afr. hum. rights law j. [online]. 2020, vol.20, n.2, pp.462-483. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2020/v20n2a5.

Lesotho's COVID-19 response was proactive. A state of emergency was declared prior to confirmation of any positive case of the virus in the country. The approach was two-pronged in that, first, a state of emergency was declared under section 23 of the Constitution with effect from 18 March 2020 and, second, a disaster-induced state of emergency was declared in terms of sections 3 and 15 of the 1997 Disaster Management Act with effect from 29 April to 28 October 2020. An ad hoc body aimed at oversight of the response was also established, but was disbanded after four weeks and replaced with another similarly ad hoc body. On the basis of the three core principles of the rule of law, this article interrogates the repercussions of this approach on the principle of the rule of law, in particular, compliance with international human rights obligations contained in ICCPR, the African Charter as well as municipal laws, namely, the Constitution and the Disaster Management Act. It is argued that while Lesotho had to act swiftly in order to protect lives, in so acting the existing legal and institutional frameworks were ignored in violation of the rule of law principle. The article concludes by recommending that in order to avoid similar challenges in the future, the existing legal and institutional frameworks must be strengthened rather than replaced as such duplication of institutions depletes meagre resources and creates a platform for the misuse of public funds and corruption.

Keywords : Lesotho; COVID-19; rule of law; international obligations; state of emergency; Disaster Management Act.

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