Repeal citizenship law
By Editorial
In the next few months Lesotho nationals holding South African identity cards will have to decide which country they really want to belong to.
They are being forced to make this choice because South Africa has changed its citizenship laws.
The Citizens Amendment Act of 2010 says people who come from countries that prohibit dual citizenship cannot hold dual citizenship in South Africa.
This has a huge impact on the thousands of Basotho who had acquired South African IDs for convenience despite that dual citizenship is illegal under section 41 of the Lesotho constitution.
Their actions are illegal but understandable.
Job opportunities are scarce in Lesotho and the salaries are generally low.
Those who have acquired South African IDs but have opted to remain Lesotho citizens have done so for practical purposes and not the mere desire of being citizens of two countries.
We doubt many Basotho would aggressively seek to hold dual citizenship if Lesotho had the same opportunities as they are pursuing in South Africa.
We would like to believe those who have acquired South African IDs are patriotic Basotho who are only leaving this country because the grass is greener on the other side.
South Africa is their workplace but Lesotho remains their home.
To force them to choose between a country that provides them a means to earn a living and a country that is their Fatherland will be unfair.
It will be tantamount to forcing them to forsake their birthright for the sake of jobs. If they renounce their South African citizenship they are likely to find it difficult to get jobs there.
Many will have to go through the strenuous process of getting work permits.
Thousands will certainly have their applications rejected.
There is no doubt that many will have to come back to Lesotho to fight for the same limited opportunities with those who have remained here.
The departure of those Basotho will certainly affect South Africa’s industry but we doubt the impact will be calamitous.
South African companies can still tap in on the large pool of foreigners who are already jostling to get into the country.
The jobs Basotho will leave in South Africa will be taken by people from other countries.
The biggest loser will be Lesotho.
Basotho working in South Africa bring millions of rands back to Lesotho every year. They are feeding families and educating relatives.
Many are investing back home.
Allow them to be kicked out of South Africa and that steady income flowing from across the border will stop.
They will come to scramble for the few opportunities in Lesotho.
Those that opt to be South African will be a huge loss to Lesotho as a country.
This is because although they are working in South Africa they remain Basotho who would one day use their skills to develop Lesotho.
Basotho engineers, teachers, doctors, scientists and pharmacists building the South African economy remain our people.
One day they will return to serve this country.
We must remember that most of them were educated by Lesotho.
They have their roots here. Their relatives are here.
It is encouraging that the South African law does not outrightly prohibit dual citizenship.
It only applies to South African ID holders who come from countries that prohibit dual citizenship.
That means if Lesotho does not want its people to make the choice between it and South Africa then it has to repeal its dual citizenship law.
That shouldn’t be a difficult thing to do.
We don’t see the economic benefit of section 41 to Lesotho.
How does dual citizenship hurt our economy, political stability and sovereignty? What does it benefit Lesotho to cling on to a law that blocks Basotho from copious opportunities across the border?
Countries like the United States, Britain and South Africa itself allow dual citizenship.
What disaster has befallen those countries because of that policy?
The Lesotho government needs to be practical and act fast before Basotho start entering its borders in droves.
The coalition government must seek to repeal section 41 or it will be blamed when matters come to a head.
Comment by 'Mankete on 17 January 2013:
Fallacious commentary, but beautiful nonetheless. The truth is that being given the boot by South Africa would be a minor dent in their economy, but would soon result in higher gain as part of the job opportunities held by Basotho would then be vacant for SA nationals. SA unemployment rate would be deminished, etc. which is indeed a good move for a nation to bid for securing jobs for their own citizens, especially in a developing country.
The epitome of our problem as a nation is not section 41, but our various administrations which have no plans to create worth while employment, for instance, a tourism marvel such as Africa’s highest tower, or any other major construction piece which could employ thousands of people across all professions, skilled, and unskilled personnel; building of a brand new industrial city in the highlands with a railway route to Durban and Port-Elizabeth ports wouldn’t only be a massive challenge, but would also result in decades worth of jobs, and induce job creation in various industries which may at a glance seem detached from the dirty work of immense infrastructure development which the Brits have been through, the Americans, the Japanese, the Australians, the Swiss, and currently, the United Arab Emirates (U.A.E), the Chinese and a few others are doing.
http://en.m.wikipedia.org/wiki/List_of_countries_by_unemployment_rate
Comment by Shishaba Gi Poyo on 17 January 2013:
@’Mankete. Pragmatism. Repeal the law or Lesotho loses those Basotho and their resouces. I do not see the likes of Sam Monts’i, Lehlohonolo Letele, James Motlatsi and Louisa Mojela, many more others renouncing SA citizenship in favour of Lesotho. Le bana ba ‘muso e fetileng ba patileng maruo ka tsona li I’d ba tlo potlaka ka Paramenteng hore molao o fetoloe. So it is not going to happen hore Basotho to be kicked out SA. Lesotho has to change its law.
Comment by mamoqato on 17 January 2013:
Since we have ever since been ruled by jelous rulers who want to be admired and adored for their wealth, they block every opportunity that may benefit us ordinaries, if we all rich, they will have no one to watch them in full admiration. so they use lame excuses that” lesotho bo ntata’ron a ba le sirelelitse ka rhata pusong ea bokolonial, re ke ke ra fana ka lona on a silver plate” We are stupid enough to buy this arguement ebe a lowest paid lawyer in south africa o khola M40, 000 plus or minus, athe lesothonona o khola M4,000. What good is that, re be re nne re joetse hore ha re batla re tlameha ho fokotsoa? Basotho will forever be brainwashed by few fortunate individuals who managed to get it to the top, bao bana ba bona ba nang le li opportunity as far as Europe. rona bana ba rona their europe is south africa. they will never go beyond that coz we are poor and supporting rulers of our fatherland.
Ha ke ne ke na le that dual citizenship, i would definately denounce the lesotho one.
Comment by Alexis on 17 January 2013:
Ha ha ha. We change our laws to suit a few individuals! We are a disgrace unto ourselves. You can add Joang Molapo to this list. This is why he thinks this is the only solution. Why not use international instruments relating to land locked states to liberate our country instead of giving our sovereignty away becuase that is going to be the ultimate result? Basotho wake up and smell the coffee! LITHOTO KE LEFA LA BA BOHLALE.
Comment by Alexis on 17 January 2013:
@’Mankete i wish there were at least ten more people who apply themselves to issues beyond self interest. KEa pheta molao ono o tlo lokisetsoa ho thusa ba se ntse ba o robile. ‘Na le uena…ts’o! Lebaka ke hobane SA e ke ea re lumella ho fumana citizenship on a platter as most people presume that dual citizenship law in Lesotho is a gateway to SA citizenship. Ache!
Comment by SLOANZ on 17 January 2013:
please our government ere e khethileng haeke shebe taba ena ka mahlo a mabeli Thabane o re ts’episitse hare tla mo khetha hore he will sort this out.kannete owweeeee haho bolele hore ha motho a na le citizinship tse peli ke hoba a batla hoja ka mehlare e mmeli empa re ntse re e hloka eona ena ea Lesotho hoba ke haborona SA re isa ho kha moroho feela ra khutla
Comment by shh on 17 January 2013:
Both laws says so and they are aware…so who cares when minority dont abide by the rules of both countries? selfish ppl will think changing the laws will benefit Basoth will only benefit the few and Majority of South Africans (Corrupt and Elite)…so be it, they must choose as the laws stipulates…but POOR Basotho wont be eligible to SA Citizenship than SAs….watch the space
Comment by shh on 17 January 2013:
Both laws says so and they are aware…so who cares when minority dont abide by the rules of both countries? selfish ppl will think changing the laws will benefit Basoth will only benefit the few and Majority of South Africans (Corrupt and Elite)…so be it, they must choose as the laws stipulates…but POOR Basotho wont be eligible to SA Citizenship than SAs….
Comment by shh on 17 January 2013:
Just think about the Nigerians etc who will be flocking our streets…shame
Comment by shh on 17 January 2013:
Just think about the other problematic foreign nationals (i dont need to mention) who will be flocking our streets…shame
Comment by Kliketso on 17 January 2013:
I saw it coming! When the Tail (Lesotho) had all the opportunity to wag the Dog (SA) it did not. Now the time has come for the Dog (SA) to wag the Tail (Lesotho) and it is not going to be fun. NB. The 3rd World War will be over water, it has started on your door steps – it is about Lesotho’s water finish ‘n clarrr! Nkmemele le ba o potileng do the honourable thing, repeal Section 41 and let those who can vote with their feet do so! Ebe Tau-ea-Thaba le ba ntlo ea hae ba tla bona ba entse joang if Section 41 stays?
Comment by S.R.K on 17 January 2013:
So ripe a time for dual citezenship, which unfortunastely do not seem to be top priority even for this New Coalition Administration.
Comment by mofokeng on 17 January 2013:
Ke lumellana le uena @Alexis. Ha ho shejoe International Laws tse ka thusang naha tse kang ena ea bo rona.
Doesn’t it mean that le oona Ma SA a tla fumana dual citizenship ea Lesotho, joale ebe re shoeletse ruri!!!
True, ba ruileng ba tla tla Lesotho hee, ho theha mesebetsi and so on, joale ebe re hatelloa ke Machina le ma SA, ba rekisa makoenya, parafini le mollo, ha .0001% of Basotho ba na le dual citizenship!!
Ha ke utluisise.
KHOTSO PULA NALA
Comment by Tlhase on 17 January 2013:
Citizenship is a process whereby one applies for it and needs to qualify for it. Even SA does not just dish out dual citizenship to every Tom, Dick and Harry! The country after due process then awards such citizenship after an intensive assessment, interviews, clearances and due diligence. Enforcement of other Immigration laws is not impacted in any way. Dual citizenship shall not suddenly make Nigerians or whoever to roam our streets if they were not already doing so! It makes Economic sense to repeal this section that bars dual citizenship in the interests of Basotho – educated and elite (we need their skills to help us out of our least developed country status!) and Basotho – poor (so that they gain from the jobs, that would be a direct economic spin-off from SA based basotho and other skilled foreign nationals who love this country and its people and want to invest in it)
Comment by Sandile on 17 January 2013:
Once the elite south africans gain our citizenship after allowing dual citizenship, they will buy our land until we are left with nothing. We will remain their gardeners forever. A key area that they will be interested in will be the mines. As citizens licences will be easy to access and 100 years down the line our children will be crying foul like mugabe when the economy of lesotho is fully in the hands of white south africans.
Comment by mofokeng on 17 January 2013:
My point exactly Sandile, But hei, COME WHAT MAY.
KHOTSO PULA NALA
Comment by Percy on 17 January 2013:
In Economical terms this is not a joke really. Lesotho has no enough market for jobs or investment opportunities to offer those people if they are kicked out of SA.I wonder why it has taken this long for Lesotho to amend the citizenship law so that it accommodate dual citizenship. After all Lesotho has always been a duplicate of SA.Why is Lesotho making it difficult for Basotho who have SA IDs, yet there is nothing to offer them here. Please do something quick and do it ASAP. We do not want increased crime in this country. We want more improved standard of living, not a deteriorating one.
Comment by Selomo on 17 January 2013:
First, people who legitimately have South African citizenship and have permanent jobs there have nothing to lose by renouncing their Lesotho citizenship. I spend the Christmas holiday in Maseru with my South African cousins who have never claimed their Lesotho citizenship even though their parents were born and raised here.
Secondly, do not confuse having a South African ID with having South African citizenship. There are many Basotho who carry Lesotho passports, and have South African IDs as permanent residents (not citizens) of South Africa (e.g. Pakalitha Mosisili). They will not have to apply for work permits to keep their jobs in the RSA.
The Constitution of Lesotho may be amended tomorrow to permit dual citizenship by the legislature, but that will not solve the problem. It is South African that wants rid of Basotho, not the other way round. So the solution is under Table Mountain not on top of Mpilo Hill.
Hands up all those who have South African IDs and work for the Government of Lesotho!!!!!!!
Comment by monahali on 17 January 2013:
South Africa e tla lula e re esta tjena hoba le rata ho matha kamora eona.haekare ha re qeta ho chencha contitution ea khutla ka santhao, re tla etsa joang? e hlakile hore ehlile ba rata ho re rahela kantle ho meeli ea bona.
Comment by lengopa on 18 January 2013:
Jonna rale bona!!!!!! Ebe baa ba bochabela bona ba hamang maloti ba inverstor hae bona.bana le Lesotho passport motho a satsebe le morena ese bae hae sebaka setle se hlahe ha bana ba lelapa ba fihla
Comment by LERATO on 20 January 2013:
Haeka basotho le bona ba ea as far as Marikana ho ea rekisa russian le makoenya ho phelisa bana ba bona back home, phapang ke efeng ha e ka hla ea eba baahi ba moo?
Nnete ke hore basotho ba na le pride eo ke sa tsebeng na e tsoaloa ke eng haeka ba futsanehile ha kana kana. Eona 0.0001% eo, ha e ka khutlela Lesotho, ho tla etsahalang ka eona, haeka re se ntse re itlhotse tjee!
Hana khutsan’a mosotho e ka mpa ea lula e sotlehile rather than stay with adoptive parents ba ka mo hlokomelang, hobane ha se batsoali ba hae. Hore na Lesotho stays with plan A or changes to plan B, there are dire consequences. But staying with Plan A will result on manmade natural dissaster.
Comment by Noko on 20 January 2013:
Alexis and “Mankete…
U are so paranoid…. Sovereignty has never put bread on anyone’s table….Lesotho is where it is by design, that is not of our making…
Colonialists designed our fate..Bo ntata rona moholo ba sebelitse RSA ele Li Thaothe, Malaesha, Bassboy le bo matjekelane joalo ka morena Leabua…..Instate of addressing the problems we found ourselves in after independence…the leadership of the parties, (BCP, MFP(and the Royal family), and BNP started fighting over issues non beneficial to Basotho except to themselves.
We thought the military junta of 1986 would bring about change, instead connived with Pretoria to pin the final nail in the cofin…what was worse was the refusal by the 1990 cabinet to attend codesa as the then government still recognized ANC as an illegitimate(Terrorist) organisation to negotiate a way forward to a new democratic RSA…
What is sad is the fact that the current senior politicians today(TOM and MAOPE included),benefited from the inadequate clauses of Lesotho constitution, that was actually designed by themselves..
The current crop of politicians,who benefited from that fate, are examples of people who had a chance since 1986 to have brought about a meaningful change but deliberately turned a blind eye…
The whole purpose of article 41 was meant to exclude BCP stalwarts from standing as election candidates in 1993,as many had acquired citizenship from countries like RSA, Botswana, Britain and others during their exile(eg. Matlejane le Serutla from Britain)..
BCP even though had majority seats in parliament failed Basotho dismally by,failing to denounce the clause in 1992 constitutional reform parliament, and when they were a government, that was later in the hands of LCD..
People should not forget that RSA reforms this particular law after a lengthy diplomatic persuasion to the government of Lesotho…
If they suspended the law from implementation in 2010 until 6 months into the new Lesotho Coalition Government, we cannot blame them now after giving Lesotho such a long grace period; and unfortunately the new government priorities lied somewhere else..It does not require a budged to make changes in the laws….
Coming back to Alexis and ‘Mankete, the noble ideas hatched by “Mankete, cannot solve the current crises….they are long term projects that require proper planning which has not happened over the years….For now the crisis facing the country is worse that the 1992/96 mining retrenchments, as it cuts across the board…especially when the parastatals have been sold to RSA/ZIM companies(eg. Lesotho Bnk, LTC, Flour Mills Minet Kingsway insurance(AON now), and can no longer absorb the numbers they used to employ….
I may not be pro DC, but only the parastatals that survived privatization are those that have been under Mokola(LEC and WASA)..why, pusong ea ma Congress ene ele ha tali…
The only solution is to save what is at hand while we look for long term solution…
JOANG AMEND ARTICLE 41 OF THE CONSTITUTION AS SOON AS YESTERDAY PERIOD…This is a make or brake for political future for BNP/ABC/LCD political survival….it may even collapse the very coalition if not careful…this is a serious political ploy…
then we can look into the issue of sovereignty to cut the story short for you Alexis…which is not impossible to look into the integration of the two countries…I am not talking about the tenth province ..le se nkutloelle..!
Talking about international instruments, Alexis, as Swaziland if u want to understand…and Swaziland was snubed by Lesotho(1990 Codesa) for your information…who is the international by the ay..the beneficiaries of our pain..ANGLO AMERICAN COOPERTION) for your information is the largest beneficiary..
For your information…RSA told Swaziland to go to “HeLL”, when they tried the same instruments to negotiate for the return of Ingwavuma in Natal and Ka Ngwane in Mpumalanga which form about 2/3 of Swaziland..and had Lesotho been part of Codesa in 1990, the story would be different…refer to your history for better understading of the current situation..le ka moso…!
Comment by Makhoalibe on 20 January 2013:
AMEN!!! Noko you are the man! Patriotism my foot! How do people compare a country with family? They are quite different. Family is biology and country is politics! You really lose nothing by losing your country except your attachment to the politicians who abuse you.
Comment by Matelisi on 21 January 2013:
They said that we are working in South Africa we remain Basotho who would one day use our skills to develop Lesotho.Basotho engineers, teachers, doctors, scientists and pharmacists building the South African economy remain our people.
One day we will return to serve our country.
BullShit! Who will come back to serve peanut salaries..??? Wena??
Comment by jacopo on 17 May 2013:
Articolo molto interessante… di sicuro non sempre i soliti consigli triti e ritriti… grazie per lo spunto.