Abstract
The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the Constitution itself does not provide for the substantive and procedural rules governing succession. The zenith of customary rules is that succession to kingship in Lesotho is based on the principle of primogeniture. The primogeniture rule has always presented problems of application in Lesotho; more so in the era of equality and democracy. This paper critiques the rules of succession to the office of King. It contends that by leaving the regulation of succession exclusively to customary law without clear articulation in the Constitution, the Constitution is unduly yielding to a system of law (customary law) which is not only subservient to the Constitution but also based on a different set of values. The paper recommends that the rules of succession must be codified in the Constitution and must be realigned with contemporary notions of constitutionalism and equality.
 
Highlights
The hybrid state that emerged as the outcome of the pre-independence political settlement in Lesotho was an attempt to balance the alien institutions of government with the grounded traditional institutions.[1]
The main argument made in favour of the retention of monarchism is that democracy in the mould of the Western liberal democracy is alien to African systems of governance, and it will struggle to enjoy acceptability.[7]
Authorities consulted during the present study demonstrated that ordinarily succession to the office of chief generally, and the office of king in particular, would be hereditary; based on the primogeniture rule
Summary
The hybrid state that emerged as the outcome of the pre-independence political settlement in Lesotho was an attempt to balance the alien institutions of government with the grounded traditional institutions.[1]. It is imperative to note, though, that the fact that Moshoeshoe did not accede to supremacy through primogeniture has led other commentators, chief Nkau Nkuebe,[18] to argue that succession to office of Morena e Moholo is not necessarily by right of birth. He argues that the Sesotho adage that Morena ke Morena ka Batho (the chief is chief because of the people) is a broader principle that undergirds governance in the Sesotho way. The participation of the people in the process of succession lends some democratic credence to the process
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