LEGAL AND POLICY MATTERS

In order to discharge its functions effectively, the Authority, within the framework of the laws of Lesotho, uses a number of tools or instruments.

These are:

Government Policy – The first major policy document which urshered-in the current communications landscape in Lesotho, is the Lesotho Telecommunications Policy of 1999. It was followed by the ICT Policy for Lesotho of 2005 and the Lesotho Communications Policy of 2008 which preceeded the promulgation of the new Communications Act 2012 whose commencement date is 27th April 2012 as per Legal Notice No. 58 of 2012.

The policy is effected through principal and subsidiary legislation. Principal legislation is adopted and promulgated at Parliamentary level through an Act of Parliament. Subsidiary legislation is made in the form of regulations and rules. Regulations are delegated legislation which is made by the Minister responsible for the administration of the Act while the rules can be made by the Authority as prescribed by the Act. All subsidiary legislation should be consistent with the principal legislation.

It should be noted that the Authority in discharging its functions under the Communications Act No. 4 of 2012 and the subsidiary legislation may issue enforcement orders, conditions of service to service providers, guidelines and prescribe procedures for licensing and dispute resolution. The Authority may also adapt international best practices from international treaties and activities of regional organisations to which Lesotho is a party in the formulation of legislation.