THE constitution of this country is the supreme law designed to protect Basotho. It is meant to ensure that Basotho are guaranteed employment and that they are not discriminated against based on the applicant’s race, colour, religion, sex, or political opinion. A few years ago, I was dismissed from the Lesotho Revenue Authority (LRA) because of discrimination based on my historical political opinion.
This is something I do not wish on anyone. I am sad and disappointed to have read that Basotho are still being discriminated against because of their political opinion. Employment discrimination encompasses a wide array of scenarios that may include firing, hiring, promotions, transfer or remuneration practices.
Our constitution speaks against discrimination. Section 18 (2-3): Subject to the provisions of subsection (6), no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
The National Reform Authority (NRA) was created by an Act of Parliament and derives its whole mandate from this Act. The broad task of the Authority is to serve as an instrument for national reforms. Basotho are seeking for a more progressive dispensation in its governance set-up, and to consolidate the new order in a firm constitutional arrangement. As a nation we started a new learning process; a process of consultation among ourselves; a process of fundamental reflection; a process of identification of and dedication to new values.
Finally, the sanctity of such values has to be reduced to the print of the law, to the formulation of a new constitutional instrument. During consultations it was clear that Basotho are frustrated when their kids are discriminated against especially when it comes to employment. Their wish is for this country to provide equal opportunity for all and do away with discrimination.
It is unfortunate that having gone through the new learning process where we identified new values as a nation, the body trusted with turning those values into law and constitution is starting on a wrong footing. Last week we watched on social media the interviews of different candidates for the NRA CEO position. When I was applauding the effort to become transparent in delivering these interviews little did I know that there were several people who were chopped on the list of shortlisted persons done by the Institute of Development Management (IDM).
The IDM was appointed as a consultant and they argue that the NRA included candidates who never made it in the IDM shortlist. The NRA should have respected the process enough to not tamper with it. It is wrong for the NRA to have inserted their preferred candidates who did not make the cut in terms of our agreed terms of reference. I want to question the anti-revolutionary tone of some elements in the NRA. It appears that the NRA is full of counter-revolutionaries who are stuck in the old ways of doing things.
I was shocked because some of these people who were chopped have served this country well. I am not saying the NRA should have unfairly shortlisted Thotanyana and Majakathata if they did not qualify. I am saying Thotanyana and Majakathata’s work experience, professional training, and educational background should determine if they should appear on the shortlist.
A professional organisation found them worth of being shortlisted. My argument is about giving anyone who qualifies an equal opportunity to employment, not that the NRA should have hired Thotanyana or Majakathata. The process should have determined if Majakathata and Thotanyana were worth having jobs at the NRA.
But in this particular case the NRA played the man and not the ball. Due process was not followed. The NRA is supposed to be an exemplary organisation that we look up to for a new ways of doing things in Lesotho. This is an organisation entrusted with the national reforms programme.
It is supposed to usher a new way of doing business. In this country it is normal for those seeking employment to get political connections. Nepotism and corruption have stolen employment opportunities for many young citizens. But I expected the NRA to be different. I expected it to go against the grain and demonstrate a new way of doing things.
But they started on a wrong footing by taking people who were never shortlisted. That desirable model we all wanted is starting with manipulation and corruption.
According to our constitution, Thotanyana and Majakathata have a right to employment. Our constitution is very clear on section 29 (1): Lesotho shall endeavour to ensure that every person has the opportunity to gain his living by work which he freely chooses or accepts.
Furthermore, can people that were favoured in the process of their hiring, be entrusted to eradicate nepotism and favouritism? When we watched candidates being interviewed, in full view of the entire nation, I thought it a milestone that we were privy to the interview process.
This was contrary to the norm in our country where interviews are just a formality that does not carry much weight. In which the candidate that is to get the job is already known, and all those who come for the interview are merely accompanying the predetermined candidate, for it to seem as if due process was followed. I thought, now we finally can judge the performance of the candidates, which ought to ease suspicions regarding these appointments.
However, on learning that some candidates that had been shortlisted were denied the opportunity for interview, I thought the intention to publicise these interviews was not genuine, and it was merely to create a facade of transparency. The lack of sincerity we see here, makes all future attempts by this organisation questionable.
Is that all that the NRA claims to stand for and is about genuine? Is this organisation going to produce, or are they just pulling off a show? The unexplained cutting of the shortlist and the addition of people who weren’t initially on the shortlist gives the impression of an organization that would go a long way to portray transparency, that is not authentic. Which beckons the questions: What else are they pretending about? Will they continue to deceive us in the future? How are we to get the transformation we require and are in dire need of, as a nation?
It is very important that we know that those who drive the vehicle that is NRA were appointed correctly and it is important that the process is void of nepotism and political influence. These are issues that are on the national agenda because we have a high rate of unemployment in Lesotho.
It is not only ironic but demoralising that the entity we believe would spearhead the fight against these practices seems unable to rid itself of such practices, giving the impression that they are an addition to an existing problem. The NRA’s conduct must be beyond reproach. For goodness sake, this an institution that is supposed to address this morass of stagnation, polarisation, dissipation, discrimination, underdevelopment and politicisation of public positions
Ramahooana matlosa