Direct Rule Colonial Regime
Prior to British rule, the territory known today as Lesotho was ruled by Moshoeshoe I. It was a nation constituting the Basotho Kingdom which emerged as a polity in 1822. After war with Boer settlers in 1856 and in 1886, Moshoeshoe appealed for British protection (Turner 2016). Protection was granted in 1868, however the Kingdom was annexed to Cape Colony (now South Africa) shortly afterwards in 1871, confirmed by an Order in Council of 11/03/1871.1 In 1883, it was placed under direct British rule when it was annexed as a Crown colony and governed by the High Commissioner for South Africa (Keltie 2014, Turner 2016). While by name and the fact that the territory was annexed by the British, Lesotho was a colony it was de facto a borderline case between a colony and a protectorate. It remained under direct rule by a commissioner, while effective internal power is said to have been „wielded by tribal chiefs”.2 While Moshoeshoe had been succeeded as paramount chief by his son, Letsie I, and he in turn was succeeded in 1891 by Lerotholi Letsie I, yet they acted in concert with the British representative in the country, to whom was given the title of resident commissioner.2 Furthermore, self-governance was encouraged in Basotho: Although the Commissioner possessed the authority to enact laws through Proclamation on specific matters like external affairs, defense, and the public service, these subjects were beyond the jurisdiction of the National Council. However, the Commissioner was obligated to present a draft of any Proclamation to the council and take their feedback into account. The constitution included specific provisions concerning objections raised by the council regarding particular matters.2 The British established a dual rule system that vested significant authority in the paramount chiefs: Letsie (1870-1891), Lerotholi (1891-1905), Letsie II (1905-1913), Griffith (1913-1939), Seeiso (1939–1940), and the regent ‘Mantsebo (1940–1960) – all direct descendants of Moshoeshoe I. These leaders delegated power through a hierarchy of regional chiefs selected from the royal lineage and key chiefdoms.3 Based on our observations, no multiparty executive or legislative elections were held during this period, which aligns with the observations of LIED. Political liberties were absent according to LIED and not really present according to V-Dem’s PCLI. Despite the significant role of traditional chiefs and the British strategy of governing through these local structures, Lesotho during the colonial period is best classified as operating under Direct Rule due to the lack of binding decision-making powers afforded to the chiefs within defined policy spheres. While the chiefs had some genuine authority over some aspects of local governance, the British maintained ultimate control over critical matters. Within the colonial government, the chiefs were merely afforded an advisory role and the ultimate authority remained with the resident commissioner.3 For the relevant period, V-Dem’s JCE indicates that judicial constraints on the executive are robust. At the same time, V-Dem’s LCE shows no value, which, with appropriate caution, can be interpreted as an absence of legislative constraints on the executive. From 1951-1964 they were absent.