AFRICAN UNION COMMISSION
AFRICAN UNION ELECTION OBSERVATION MISSION TO THE FEBRUARY 2015 NATIONAL ASSEMBLY ELECTIONS IN THE KINGDOM OF LESOTHO
FINAL REPORT
MAY 2015 AFRICAN UNION ELECTION OBSERVATION MISSION REPORT: LESOTHO 2015
TABLE OF CONTENTS
EXECUTIVE SUMMMARY...... IV I. INTRODUCTION ...... 1 II. OBJECTIVE AND METHODOLOGY ...... 2 a. Mission Objective ...... 2 b. Methodology ...... 2 III. BACKGROUND TO THE 2015 NATIONAL ASSEMBLY ELECTIONS ...... 4 IV. PRE-ELECTION OBSERVATIONS ...... 7 a. Legal Framework for the 2015 Elections ...... 7 b. Constitution of the Kingdom of Lesotho ...... 7 c. The National Assembly Electoral Act, 2011 ...... 8 d. Electoral System ...... 8 e. Party and campaign finance ...... 9 f. Election Management ...... 10 g. Voter Registration ...... 10 h. Gender and Minority Rights ...... 11 i. Political Parties and Candidates Nomination ...... 11 j. Electoral Campaigns ...... 11 k. The Media ...... 12 l. Civic and Voter Education ...... 12 m. Security ...... 12 n. Preparedness of the Independent Electoral Commission ...... 13 V. ELECTION DAY OBSERVATION ...... 14 1. Advance Voting (21 February 2015) ...... 14 2. Election Day (28 February 2015) ...... 14 a. Opening of the Poll ...... 14 b. Voting Procedures ...... 15 c. Party Agents and Independent Observers ...... 15 d. Security personnel ...... 15 e. Closing and Counting of Votes ...... 16 VI. POST ELECTION OBSERVATION ...... 17 a. Result Tabulation ...... 17 b. Announcement of Results ...... 17 c. Inauguration of New Government ...... 19 VII. RECOMMENDATIONS AND CONCLUSION ...... 20 a. Conclusion ...... 20 c. Recommendations ...... 20 Government should:...... 20 Parliament should: ...... 20 Political Parties should: ...... 21 Annex 1: Deployment Plan ...... 22 Annex 2: Observers Briefing Plan ...... 23
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ACKNOWLEDGEMENTS
The African Union Election Observation Mission (AUEOM) wishes to express its appreciation to all stakeholders who cooperated with the Mission in the course of its activities in Lesotho.
The AUEOM is particularly grateful to The Right Honourable Raila Odinga, former Prime Minister of the Republic of Kenya, for providing a key leadership role for the Mission.
The AUEOM is further grateful to staff from the African Union Commission (AUC), the Pan-African Parliament and the Electoral Institute for Sustainable Democracy in Africa (EISA) for their technical support throughout the Mission.
Finally, the AUEOM would not have been successful without its observers, whose hard work and diligent reporting on the electoral process was crucial to the success of the Mission.
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LIST OF ABBREVIATIONS ABC: All Basotho Convention ACF: Areka Covenant Front for Development ACP: Alliance of Congress Parties ADC: All Democratic Corporation AG: Attorney General AU: African Union AUC: African Union Commission AUEOM: African Union Electoral Observer Mission AUM: Africa Unity Movement BAC: Basutoland African Congress BBDP: Basotho Batho Democratic Party BCP: Basutoland Congress Party BDF: Botswana Defence Force BDNP: Basotho Democratic National Party BDRP: Broadcasting Dispute Resolution Panel BNP: Basotho National Party CCL: Christian Council of Lesotho CSOs: Civil Society Organisations DC: Democratic Congress DPE: Development for Peace Education DPP: Director of Public Prosecutions EISA: Electoral Institute for Sustainable Democracy in Africa EMB: Electoral Management Body FPTP: First Past the Post (FPTP) IEC: Independent Electoral Commission KBP: Kopanang Basotho Party LCA: Lesotho Communications Authority LCD: Lesotho Congress for Democracy LCN: Lesotho Councils of Non-governmental Organisations LDF: Lesotho Defence Force LEP: Lesotho Education Party LMPS: Lesotho Mounted Police Service LPC: Lesotho Peoples Congress LTOs: Long Term Observers MMP: Mixed Member Proportional System OAU: Organisation of African Unity PAP: Pan-African Parliament PRC: Permanent Representative Council SADC: Southern African Development Community STOs: Short Term Observers
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EXECUTIVE SUMMMARY
African Union Election Observation Mission to the 28 February 2015 National Assembly Election in the Kingdom of Lesotho had objectives (a) to make an independent, impartial and objective assessment of the elections including the degree to which the conduct of the elections meets regional and international standards for democratic elections; (b) to offer recommendations for improvement of future electoral processes in the country; and (c) to demonstrate AU‟s solidarity and support for Lesotho‟s elections process to ensure that the conduct of genuine elections will contribute to the consolidation of peace and stability in the country.
In its assessment of the 2015 National Assembly Elections, the AUEOM made the following key findings:
The 28 February 2015 National Assembly Elections were snap elections that were necessitated by a political crisis in August 2014 that led to the failure of the coalition government that was elected in 2012. The elections took place against the backdrop of political and security uncertainties. The context preceding the election was characterised by deep-seated distrusts among the key political leaders, which also involved the security forces – the Lesotho Defence Force (LDF) and the Lesotho Mounted Police (LMP);
The elections were conducted under a legal and institutional framework that is largely accepted and respected by all electoral and political stakeholders. The conduct of the election was governed by the National Assembly Electoral Act 2011 and the 1993 Constitution of the Kingdom of Lesotho (as amended).
The AUEOM also noted that the National Assembly Electoral Act 2011 does not include campaign finance regulations with regards to spending limits;
While the Constitution of the Kingdom of Lesotho makes provision for the formation of a multi-party constitutional democracy, it does not include adequate provisions to guide coalition politics;
Voter registration in the Kingdom of Lesotho was continuous. However, the AUEOM noted with concern that the two-week period granted to update the register may have been inadequate as some voters missed the window period;
The AUEOM noted that the law governing media conduct is very vague. Electronic media is governed by law whilst the print media is not. Throughout the electoral period media exhibited their bias in the coverage of election related content;
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Voter education was delayed due to lack of sufficient funds, but the IEC and stakeholders worked together to ensure that adequate voter education was carried out;
The AUEOM noted that the opening procedures were conducted according to stipulated procedures in the presence of party agents and independent observers;
The AUEOM noted that 94% of the voting stations visited had adequate material and 83% had moderate queues. However, there were delays in the counting procedures, partly due to the elaborate transparency procedures built into the processes as well as the lack of familiarity with these procedures by some of the IEC staff. Furthermore, observers reported that in some polling stations results were not publicly posted; and
The AUEOM noted with satisfaction the low number of spoiled ballots, which was perceived to be result of the adequate voter education conducted by the IEC and stakeholders.
The AUEOM also made the following recommendations for the improvement of future elections in the Kingdom of Lesotho.
The Government should create an effective media regulatory framework that ensures adherence to international, continental, and regional standards and best practices; take measures that enhance the full participation and representation of women, youth and people with disabilities in elective office;
Parliament should undertake comprehensive and thoroughgoing constitutional reforms to address among other matters relating to coalition government mechanisms, floor-crossing in Parliament, public sector reforms and dispute resolution mechanisms; and
Political parties should take positive measures towards affirmative action to ensure full participation of women fully participate and representation at all levels in the body politic; take concrete measures to build the capacity of their membership and leadership on constitutionalism and the rule of law, and create a professional distance with the security sector of the State. This requires a visionary and transformative leadership that puts national interests above personal interests; and engages in dialogue to resolve current and future challenges, and lay foundations for consensus building and mutual trust.
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Based on its observations and findings, the AUEOM concluded that the 28 February 2015 National Assembly Election in the Kingdom of Lesotho were peaceful, and transparent. The AUEOM commended the people of Lesotho for exercising their right to vote in a peaceful manner and also congratulated the IEC for managing the electoral process professionally.
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I. INTRODUCTION
1. In response to an invitation from the Government of the Kingdom of Lesotho and the Independent Electoral Commission, the Chairperson of the African Union Commission (AUC), Her Excellency, Dr. Nkosazana Dlamini Zuma, deployed an African Union Election Observation Mission (AUEOM) to the Kingdom of Lesotho, to the National Assembly Elections that were held on 28 February 2015. The AUEOM was deployed in the country from 29 January to14 March 2015.
2. The AUEOM was led by The Right Honourable Mr. Raila Odinga, former Prime Minister of the Republic of Kenya, and comprised forty (40) observers drawn from the Permanent Representative Committee (PRC), Pan-African Parliament (PAP), Election Management Bodies (EMBs) and Civil Society Organizations (CSOs) from various African countries.1
3. The AUEOM was supported by a team of experts from the African Union Commission (AUC), the Pan African Parliament (PAP) and the Electoral Institute for Sustainable Democracy in Africa (EISA).
4. The mandate of the AUEOM to observe the 28 February 2015 National Assembly Elections is stipulated in the relevant provisions of the African Charter on Democracy, Elections and Governance (2007), which entered into force on 15 February 2012; the AU/OAU Declaration on the Principles Governing Democratic Elections in Africa (AHG/Decl.1 (XXXVIII); the African Union Guidelines for Electoral Observation and Monitoring Missions both adopted by the Assembly of the African Union Heads of State in July 2002. The AUEOM‟s mandate is further strengthened by other relevant national, regional and international instruments for election observation such as the SADC Principles and Guidelines Governing Democratic Elections; the Declaration of Principles for International Election Observation; and the legal framework for the conduct of elections in the Kingdom of Lesotho.
5. This final report presents the AUEOM‟s overall assessment of the 28 February 2015 National Assembly Elections in the Kingdom of Lesotho, and provides further details of the Mission‟s observations, findings and recommendations. The AUEOM‟s assessment of the elections is based on the principles and standards for the conduct of democratic, credible and transparent elections as enshrined in the aforementioned AU instruments.
1 Angola, Botswana, Burundi Chad, Egypt, Ethiopia, Ghana, Kenya, Liberia, Malawi, Mauritius Mauritania, Namibia, Nigeria, Rwanda, Senegal, South Africa, Seychelles, Tanzania, Uganda, Zambia and Zimbabwe. AFRICAN UNION ELECTION OBSERVATION MISSION REPORT: LESOTHO 2015
II. OBJECTIVE AND METHODOLOGY
a. Mission Objective
6. The objectives of the AUEOM to the Kingdom of Lesotho were:
to make an independent, impartial and objective assessment of the 28 February 2015 National Assembly elections in the Kingdom of Lesotho including the degree to which the conduct of the elections meets regional and international standards for democratic elections;
To offer recommendations for improvement of future electoral processes in the country; and
To demonstrate AU‟s solidarity and support for Lesotho‟s elections process to ensure that the conduct of genuine elections will contribute to the consolidation of peace and stability in the country.
b. Methodology
7. To achieve its objective, the AUEOM undertook the following activities:
Deployment of 5 Long Term Observers (LTOs) to the Kingdom of Lesotho on 29 January to observe the pre-election context and report to the African Union. The LTOs remained in the Kingdom of Lesotho until 14 March 2015. During their deployment, LTOs visited the different districts and were briefed by stakeholders at the national and district levels.
LTOs were joined by 40 Short Term Observers (STOs) from 19 February to 4 March 2015.
All observers underwent a three-day training and orientation programme from 23-25 February 2015 to prepare them for deployment. The programme served as refresher training on AU observation methodology, security and safety procedures, observer reporting, and AU code of conduct for observers before their deployment. Observers were also briefed by the Independent Electoral Commission (IEC), the police and civil society organisations (CSOs) during the programme.
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The AUEOM leadership further held extensive consultations with several stakeholders in the Kingdom of Lesotho, including His Majesty King Letsie III; the Prime Minister, leaders of political parties, the Chief Justice, heads of security agencies, CSO representatives, the media, religious leaders and some members of the Diplomatic Corps.2
The AUEOM issued a pre-election statement on the findings of LTOs on the pre-election phase and a statement of appeal3 calling for peaceful elections at a press conference held at the Lesotho Sun Hotel in Maseru on 27 February 2015.
On 25 February, 11 observer teams were deployed to the 10 districts of Lesotho, namely: Maseru, Berea, Mafeteng, Leribe, Mohot‟long, Quthing, Butha Buthe, Mohale‟s Hoek and Mohot‟long. While on the ground in their areas of deployment, observers consulted with provincial and district level stakeholders and observed the final preparations for the elections and election day procedures.
On the election day, the teams visited 125 polling stations in their areas of deployment and they observed all procedures from the opening of the poll to the counting process.
On 1 March 2015, AU observers returned to Maseru for a debriefing on their findings and also to compare notes.
The AUEOM issued a preliminary statement4 on its findings and recommendations at a press conference held at the Lesotho Sun Hotel in Maseru on 2 March 2015.
After election day, the AUEOM continued to observe the post-election processes, including the result tabulation process, the adjudication of complaints and appeals, and the announcement of results.
2 See annex2 for a summary of the mission leadership schedule. 3 See annex 4 for statement of appeal. 4 See annex 6 for preliminary statement. 3 | P a g e
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III. BACKGROUND TO THE 2015 NATIONAL ASSEMBLY ELECTIONS 8. The Kingdom of Lesotho has a long history of conducting elections that dates back to 1960 when the first indirect elections were held. The country also had a history of military intervention into politics with a seven-year period of military rule from 1986 to 1993. Since its return to democracy in 1993, politics has been characterised by violent conflicts that often necessitated regional, continental and international intervention.
9. The 2015 elections were snap elections called after the failure of the coalition government that was elected in 2012. The 2012 elections were preceded by extensive constitutional and electoral reforms aimed at preventing a recurrence of the disputes around seat allocation that were experienced during the 2007 elections as a result of a modified electoral system that was adopted at the time.5 Ahead of the 2012 elections, the ruling Lesotho Congress of Democrats (LCD) split into two, which resulted in the emergence of the Democratic Congress (DC). The splinter group, (DC) which was led by the Prime Minister Mr. Pakalitha Mosisili, defected from the LDC with 44 LCD members to form the DC, thereby transforming the DC to a majority party in parliament and the LCD to an opposition party.
10. The DC won the highest number of constituencies (48 out of 80) during the 2012 elections. It however did not attain the required majority (50% plus one) of the total number of seats in Parliament to form the government. A coalition Government was therefore formed between the All Basotho Convention (ABC), the Lesotho Congress for Democracy (LCD) and Basotho National Party (BNP).
11. The 2015 elections were preceded by a political crisis that necessitated an intervention by the Southern Africa Development Community (SADC). The 2014- 2015-transition process that culminated in the February 28 parliamentary election was facilitated and negotiated by the SADC mediation team to Lesotho, led by Mr. Cyril Ramaposa, Deputy President of the Republic of South Africa.
12. The political crisis that necessitated the snap elections saw the breakdown of the coalition government, which also compromised the political neutrality of the
5 After political dialogue among political players, Lesotho changed its electoral system from first-past-the- post (FPTP) to a mixed-member proportional representation system (MMP) in 2002. In the same year the Independent Electoral Commission (IEC) was delegated to run the 2002 elections and subsequent polls. The new electoral system was introduced to address election related conflicts, which had plagued the country since independence. 4 | P a g e
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security agencies in the country. A number of factors contributed to the failure of the coalition government amongst which was the lack of clear terms of agreement among the coalition leaders before the government was formed. This lack of agreement was evident in the difficult decision-making processes in government such as appointments and dismissal of government officials. There were complaints about unilateral decisions taken by the Prime Minister. It is also important to note that two of the three parties6 in the coalition were political rivals prior to the formation of the coalition. The coalition was therefore made up of what is referred to as “strange bedfellows”. The rule of law in the country gradually began to fade following incessant disagreements between the Prime Minister and his Deputy. This culminated from the lack of coalition agreement between the major coalition partners that should have governed the government and its decision-making processes.
13. The political crisis intensified on 10 June 2014, when King Letsie III prorogued the Parliament on the advice of the Prime Minister at a point when opposition parties in parliament were debating passing a vote of no confidence on the Prime Minister. The political context was further impacted by a security crisis that pitched the Lesotho Mounted Police Service (LMPS) and the Lesotho Defence Force (LDF). The security crisis took a fatal turn in August 2014 when armed clashes were reported between the LMPS and the LDF. The LMPS headquarters was attacked and a police officer was killed. There were reports of other attacks on the military commander‟s residence and an alleged attempt to oust the Prime Minister, which resulted in the Prime Minister and some other government officials fleeing the country to South Africa.7 The breakdown of law and order and the compromise of the security agencies necessitated foreign intervention led by SADC who appointed the Deputy President of South Africa Mr. Cyril Ramaphosa as its mediator to support the transition process and avert further degeneration of the political situation in the country.
14. As part of the SADC facilitated transition process, a peace deal was negotiated and the Maseru Facilitation Declaration and the Maseru Security Accord were signed on 2 October 2014.8 The Declaration committed all political parties to the reconvening of parliament on 17 October for the purpose of debating the budget and preparations for elections that were scheduled to take place in February. The declaration also committed all political parties to maintaining the peace and
6 Before the coalition in 2012, the ABC and LCD were political rivals because the ABC was formed by a splinter group that left the LCD in 2006. 7Seehttp://www.aljazeera.com/news/africa/2014/08/lesotho-military-attempted-coup- 201483071742178598.html. 8 http://allafrica.com/stories/201410231898.html. 5 | P a g e
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stability of the country. The Security Accord was signed by security chiefs committing themselves to proceed on leave of absence ahead of the elections. The security chiefs also made a commitment to exercise any influence on their spheres of authority in the run up to the elections.
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IV. PRE-ELECTION OBSERVATIONS
a. Legal Framework for the 2015 Elections
15. The legal framework for the conduct of the 2015 National Assembly elections comprised of the 1993 Constitution of the Kingdom of Lesotho (as amended) and the 2011 National Assembly Electoral Act (as amended).
b. Constitution of the Kingdom of Lesotho
16. Chapter II of the Constitution provides a bill of fundamental human rights and freedoms of the individual that are guaranteed by the Constitution. These include the right to personal liberty, to participate in government, to equality before the law and the protection of the law, to a fair trial, freedom of residence and of movement, expression, association, and of assembly. These fundamental freedoms are critical to the conduct of democratic elections.
17. The Constitution also makes provision for universal adult suffrage for Basotho citizens of 18 years and above in an election to be held by secret ballot.
18. Article 66 of the Constitution of the Kingdom establishes a Delimitation Commission, which is responsible for drawing up constituency boundaries for National Assembly elections in terms of article 67 of the Constitution.9
19. The AUEOM noted that while the Constitution of the Kingdom of Lesotho provides for a multi-party constitutional democracy, it does not include adequate provisions for coalition politics and government. It only mentions in passing in Article 87 the possibility of a Prime Minister being appointed from a coalition of political parties, but the constitution failed to provide for the dynamics of such a coalition.10
20. The AUEOM further noted that the tensions between Government agencies such as the security institutions during the pre-election period are indicative of shortcomings in the constitutional and legal framework of the Kingdom of Lesotho in managing the inter-relational issues with regard to these bodies.
9 Article 67 of the Constitution „For the purpose of elections to the National Assembly, Lesotho shall, in accordance with the provisions of this section, be divided into eighty constituencies having such boundaries as may be prescribed by order made by the Constituency Delimitation Commission.’ 10 Article 87 (2) of the Constitution ‘The King shall appoint as Prime Minister the member of the National Assembly who appears to the Council of State to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the National Assembly’. 7 | P a g e
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c. The National Assembly Electoral Act, 2011
21. The 2015 National Assembly elections were conducted pursuant to the National Assembly Electoral Act of 2011 (as amended). The Act regulates electoral matters in the Kingdom of Lesotho. The Act provides the framework under which the right to vote can be exercised. It provides in great detail, among other things, for the registration of voters, creation and management of the Electors‟ Register, the registration of political parties, the Independent Electoral Commission, the nomination of candidates, and the management of elections, as well as the funding of political parties. The AUEOM also noted the importance of the Maseru Facilitation Declaration as one of the contributing legal agreements in the framework for the elections.
d. Electoral System
22. Lesotho uses a Mixed Member Proportional Representation system (MMP). Under the MMP system, which is a combination of a proportional representation electoral system (PR) and the First-Past-The-Post (FPTP) designed to produce a Parliament in which the parliamentary strength of a party is proportional to the support it received at the election. The 120 member National Assembly (NA) seats are allocated the ratio of an 80:40. Whilst 80 seats are contested on a FPTP basis within constituencies, 40 seats are allocated to political parties in proportion to the number of votes received during election. Thus, Lesotho‟s electoral system translates votes into 80 constituency seats (Constituency vote) and 40 party-list seats (party vote). On Election Day, voters use only one ballot paper, which serves as the basis of firstly determining who the winner in a constituency and secondly determining the number of PR seats to be allocated to parties.
23. Article 87 of the Constitution11 provides for the appointment to the Prime Minister by the King on the advice of the Council of State pursuant to National Assembly elections. The Prime Minister shall be the person who in the opinion of the King is the leader of the political party or coalition of parties, which command a majority of the seats in the National Assembly.
24. The AUEOM noted that the Kingdom of Lesotho has had a history of multi-party elections, which in recent years have not produced a clear majority for the winning
11 Article 87(1) of the Constitution, ‘There shall be a Prime Minister who shall be appointed by the King acting in accordance with the advice of the Council of State. 8 | P a g e
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party. Coupled with a history of party splitting and floor crossing, these factors have impacted on the stability of Government in Lesotho.
e. Party and campaign finance
25. The legal framework in Lesotho allows for private and public funding of parties and their campaigns. In section 70(4) of the National Assembly Electoral Act a political party registered with the IEC is entitled to campaign funding from the State. Section 71 of the National Assembly Electoral Act12 restricts the use of public funds to expenses such as the propagation of the political parties or candidates‟ views and elector education. The Act prohibits the use of public funding for the following purposes: Defray personal expenditure not related to contesting elections; Pay a fee, reward, benefit or remuneration to any candidate or officer of a political party; Reward any elector in order to vote or to vote in a certain manner; and Directly or indirectly invest in any business or property.
26. The Act provides a tracking and reporting mechanism for public funds received by parties. Political parties are mandated to open a separate bank account and report annually on the administration and management of the fund. This requires financial statements to be submitted for audit by the Independent Electoral Commission for the financial year.
27. In terms of private funding, Section 70 of the Electoral Act13 allows parties to raise funds from local and outside sources, and are mandated to disclose donations above M200 000.
28. The AUEOM noted that the Act does not place ceilings on funds raised from private sources, nor does it provide spending limits on campaign expenditure. This gap in the legal framework in terms of regulation of party and campaign funding could open up the electoral process to undue influence of money in Lesotho politics both from national and international sources.
12 Section 71 (1) of the Electoral Act, „A political party which participated in the elections shall be entitled to funding from the Consolidated Fund on annual basis depending on the number of seats it has in the National Assembly.’ 13 Section 70 (1) of the Electoral Act, „For the purpose of financing its campaign, a political party registered with the Commission may raise donations from any person or organisation in or outside Lesotho’. 9 | P a g e
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f. Election Management
29. The AUEOM recognises the central role of IEC as a statutory body entrusted with the management of the electoral process in Lesotho. The second amendment to the Constitution provides for the mandate of the Independent Electoral Commission (IEC), which was further strengthened by Chapter X, Part 1 of the Electoral Act.
30. The three-member IEC is constitutionally mandated to organise, conduct and supervise all elections independent of any control or direction of any person or authority.
31. The Chief Electoral Officer according to article 138 of the Constitution is appointed by the King on the advice of the Council of State. The AUEOM in its consultation with stakeholders noted that the IEC generally enjoys public confidence and trust.
g. Voter Registration
32. Part II of the National Assembly Electoral Act 2011 guides the registration of voters in Lesotho. The act provides for continuous registration to be suspended on the 8th day after the commencement of the election period (section 12(2).14 In keeping with this requirement of the Act, the registration of new voters and voter transfers for the 2015 National Assembly Elections calendar was suspended on 14 December 2014. Updating of the electors‟ register had been done in November 2014 after a two-week window provided to electors for this purpose. The AUEOM was informed that there were 1, 209, 171 people on the electors‟ register for the 2015 National Assembly elections
33. The AUEOM commended the IEC for its ability to update and compile the elector‟s register that was generally acceptable to all electoral stakeholders in Lesotho within a short period of time. The Mission, however, noted with concern that the two-week period granted to voters to update their details in the register may have been inadequate, and some voters may have missed the window period, which could have potentially disenfranchised some eligible voters. There were also concerns about the names of deceased electors that continue to remain on the register. In view of this, the AUEOM urged the authorities in Lesotho to ensure that the electors‟ register is continually reviewed to ensure that names of deceased persons and double registrations are eliminated.
14 Section 12 (1) „The registration of electors including any change of registration, under this part shall be suspended during the elections period. (2) The registration of electors under this part shall be suspended on the 8th day after the commencement of the election period and shall end 90 days after the last day of that period except the Commission decides to end the suspension before the expiry of the 90 days’ 10 | P a g e
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h. Gender and Minority Rights
34. Whilst women constitute 55.8% of registered voters, their participation in the elections as candidates was very limited. Of the 1,116 contesting candidates, 337 (30.1%) were women.15
35. The AUEOM drew the attention of Basotho stakeholders to the country‟s commitment under the SADC Protocol on Gender, and urged the Kingdom to consider putting measures to increase the participation of women in politics.
36. The AUEOM noted with satisfaction that the IEC put in place provisions for visually impaired voters by preparing special templates to enable them cast their votes without a third party‟s assistance. The AUEOM however noted that provisions were not made for other categories of voters with disability.
i. Political Parties and Candidates Nomination
37. The National Assembly elections were contested by 23 registered political parties. The elections were contested by 1,106 candidates including 24 independents. Out of the total number of candidates, 775 were men and 331 were women.
38. Sections 41 to 43 of the Electoral Act stipulate the procedures for candidate registration which includes submission of nomination forms and payment of a reasonable fee. The AUEOM noted that the stipulated procedures do not pose any form of restriction to the right to stand for elections as enshrined in the law.
39. The AUEOM was further informed that the candidates‟ nomination process was largely conducted in a satisfactory manner by the IEC and the minimal disputes that emerged thereafter were resolved by the Commission‟s Dispute Resolution mechanism.
j. Electoral Campaigns
40. The Electoral Act stipulates the regulation for campaigns. For the 2015 elections, the campaigns commenced from 9 December 2014 to 27 February 2015. The AUEOM observed that all political parties were allowed to carry out their campaigns without
15 http://candidates.iec.org.ls/gender.php. 11 | P a g e
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hindrance. Furthermore, AU LTOs attended campaign rallies across the country and noted that the electoral campaigns were relatively peaceful, with the exception of a reported incident involving a shoot-out between security personnel on 2 February 2015.
k. The Media
41. The AUEOM noted that the Kingdom of Lesotho has one State owned television station and twelve (12) radio stations, of which 2 radio stations are state-owned, 2 are community radio stations, and 8 are privately-owned. There are also seven (7) newspapers in the Kingdom, only one of which is state-owned. The electronic media is statutorily regulated by law while the print media is not. The AUEOM noted that the legal framework appeared largely ineffective, and its enforcement inadequate to ensure an objective and professional coverage of political events and electoral issues. The AUEOM noted that throughout the electoral period the media exhibited bias in their coverage of election related content.
l. Civic and Voter Education
42. The National Assembly Electoral Act makes provision for continuous voter and civic education by the IEC and other stakeholders. Voter education was critical for the success of the 2015 National Assembly Elections, particularly given the political context of the elections. Furthermore, there was the need to discharge the legal obligation to conduct voter and civic education. The AUEOM commended the IEC for enlisting the support of other stakeholders on voter education in keeping with the legal framework.
43. The AUEOM noted that voter education only started late due to funding constraints. It however commended the IEC and accredited stakeholders for the efforts to ensure that voter education was conducted throughout the Kingdom.
m. Security
44. The LMPS in line with the legal framework of the Kingdom of Lesotho was responsible for providing security during the elections. However, given the political crisis that had precipitated the National Assembly Elections and the mediatory role of SADC, the responsibility for election security was supported by security personnel from SADC countries.
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45. The Lesotho Mounted Police Service (LMPS) deployed 4000 police officers who were assisted by 3000 Police Assistants16. Some 400-security personnel drawn from several Southern African Development Community (SADC) countries also helped to boost the numbers of police officers on the ground.
46. Despite the presence of the SADC security contingent in the run-up to the polls and the period over and after the polls, the elections were nevertheless held in the context of a tense political and security environment and uncertainty given the events that preceded them.
47. The AUEOM gathered from its consultations that there were concerns about security coverage for key government officials and judicial official in the run-up to the elections.
n. Preparedness of the Independent Electoral Commission
48. The IEC in its preparations for the elections was faced with funding challenges as the elections were snap elections. The IEC budget for the elections was provided by the government with some support from international development partners.
49. The AUEOM noted that the IEC put in place the requisite logistical arrangements for the conduct of the poll. Where it did not have internal resources, such as helicopters, it approached the relevant stakeholders, in this case the Lesotho Defense Force (LDF). The IEC established 2,798 voting stations for the elections.
50. In keeping with continental, regional and international benchmarks, and the national legal framework, the IEC recruited the requisite personnel for the 2015 National Assembly elections, and conducted nationwide training programmes for electoral officials, including Returning Officers, polling officials, Official Witnesses (traditional leaders), police officers and temporary police assistants.
51. The IEC also engaged and trained accredited civil society organisations‟ personnel to complement its voter education efforts across all the ten (10) districts of the Kingdom of Lesotho.
16 Police assistants are civilians trained by the IEC and the LMPS to support security personnel on Election Day at polling stations to maintain order. 13 | P a g e
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V. ELECTION DAY OBSERVATION
52. The AUEOM deployed 11 teams comprising 40 observers to cover all the districts in Lesotho. The observers visited 125 polling stations in the10 districts of the country.
1. Advance Voting (21 February 2015)
53. Part I of Chapter VI of the Electoral Act provides for advance voting. In line with the Electoral Law, advance voting took place on 21 February for Lesotho‟s diplomatic staff living abroad, members of the security forces, electoral officials and other staff in the essential services whose duties would not enable them to vote on election day. The AUEOM was informed that there were 3,700 voters who were registered as advance voters. The legal framework allows only those in these sectors to take advantage of advance voting if they make the necessary application to the IEC. This is in line with international best practice.
54. Advance voting was conducted in peaceful and calm environment. The AUEOM, however, noted that there was a significant delay in the voting process arising from some graphical security marks on the ballot paper, which raised suspicion among electors. The issue was clarified and voting proceeded smoothly thereafter. The AUEOM commended the IEC for sensitizing electors on the subject thereafter.
2. Election Day (28 February 2015)
a. Opening of the Poll
55. The AUEOM observed opening procedures in areas of deployment. The AUEOM noted that election materials were availed in adequate quantities in 94% of the polling stations visited by its teams.
56. Where the election materials were not available in the required amounts, such as instances were voting templates for blind voters were unavailable, this did not impact on the opening process.
57. The AUEOM noted that the opening process was conducted according to stipulated procedures in the presence of party agents and independent observers. 83% of the stations visited opened on time with moderate queues.
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b. Voting Procedures
58. The National Assembly Electoral Act provides in elaborate terms the opening, voting, closing and counting procedures for elections in Lesotho. The AUEOM observed that the voting procedures were followed as laid down by law.
59. Voting proceeded in an orderly manner in all the stations visited. The AUEOM noted with satisfaction that the process was conducted in accordance with the guidelines provided by the IEC. The voting procedures were simple and user-friendly, this contributed to the swift conduct of the process.
60. The AUEOM noted that the template for visually impaired voters was not available in 7 of the polling stations visited. However, voters requiring assistance were permitted to be assisted by a person of their choice. It was, however, noted that in polling officials provided assistance to voters in 17 of the stations visited, in contravention of the guidelines.
61. At polling station 0507/2 in Butha-Buthe 05 constituency, there was a ballot paper booklet that had two party logos omitted. The Commission was immediately alerted to the situation and the booklet was replaced. The AUEOM commended the Commission for its swift response.
c. Party Agents and Independent Observers
62. The presence of party agents was observed in all the stations visited by AU observers. The AUEOM further noted with satisfaction that all the 23 political parties were represented in at least eight of the polling stations visited by AU teams. Party agents were allowed to undertake their responsibilities freely. The AUEOM noted that 69% of party agents in the stations visited were women.
63. The AUEOM noted with concern the limited participation of citizen observers in the process as their presence was noted in only 24% of the polling stations visited. These observers were also allowed to undertake their responsibilities freely. It was observed that 34% of the citizen observers were women.
d. Security personnel
64. Security personnel were also visibly present in 98.5% of the stations visited by AU teams. Their presence did not interfere with the process in anyway. The AUEOM
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therefore commended the LMPS for the satisfactory conduct of its officers on Election Day.
65. The election was conducted in a peaceful and calm atmosphere and there were no reports of security breaches.
e. Closing and Counting of Votes
66. The AUEOM observed that the closing and counting procedures were generally complied with. It, however, noted that there were delays in the conduct of vote counting in some of the stations. This was in part due to the elaborate transparency procedures built into the processes, as well as lack of familiarity with those procedures by some of the staff of the IEC.
67. The AUEOM noted with satisfaction the low numbers of spoilt and rejected ballots at the end of the counting process. This is indicative of the familiarity of voters with the procedures and also a result of the voter education initiatives undertaken by the IEC and its partners.
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VI. POST ELECTION OBSERVATION
a. Result Tabulation
68. Part III of Chapter VI of the Electoral Act provides for vote counting and determination of election results. The tabulation of results takes place at the constituency level after results from polling stations have been received. The AUEOM observed after the votes had been counted and results announced at the polling station level, ballot papers and result sheets were taken to the constituency offices where tabulation of results for all the polling stations under each constituency was done in accordance with the electoral law. Following the tabulation at the constituency offices, the results were transmitted to the district offices, which in turn transmitted them to the National Results Centre in Maseru.
69. The AUEOM noted that, whereas the results were not contested at the polling station and constituency levels at the time of counting and tallying, the Basotho National Democratic Party (BDNP) contested the Machache Constituency No. 39 results when the final results were announced by the IEC at the Maseru Sun Hotel. The BDNP challenge was in connection with the allocation of the proportional representation seats (PR) where it claimed that the results in that constituency were not accurately captured and one seat, which should have been allocated to it, was instead allocated to the Lesotho People‟s Congress (LPC). Following discussion between the IEC and the BDNP the results were left unaltered as the BDNP could not substantiate its claim.
b. Announcement of Final Results
70. The IEC announced final election results and allocation of seats for the 80 constituencies and 40 PR seats on 4 March 2015. The four main parties were allocated seats as follows: the Democratic Congress (DC) 47 seats; All Basotho Convention (ABC) 46 seats; Lesotho Congress for Democracy (LCD) 12 seats and Basotho National Party (BNP) 6 seats.17 The table below shows the seat allocation in the 2015 elections.
17 http://www.iec.org.ls/election%20act/PR%20allocations.pdf 17 | P a g e
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Table 1: Final seat allocation in the 2015 National Assembly Elections
Source: http://www.iec.org.ls/election%20act/PR%20allocations.pdf
71. The AUEOM commended the IEC for the timely announcement of the final results, which was done within 4 days after polling. Section 104 of the National Assembly Electoral Act stipulates that final election results must be announced within 7 days after the elections.
72. The AUEOM noted with satisfaction that the majority of parties, with the exception of the BDNP, which resolved to pursue its complaint through legally provided channels, accepted the results and allocation of the National Assembly seats. This is in line with the spirit of Article 17 of the African Charter on Elections Democracy and
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Governance, as well as relevant provisions of the National Assembly Electoral Act, 2011 and the December 2014 SADC facilitated Electoral Pledge.
c. Inauguration of New Government
73. Following the announcement of results on 4 March 2015, a coalition comprising seven (7) political parties namely, the DC, LCD, Popular Front for Democracy (PFD), Marematlou Freedom Party (MFP), National Independence Party (NIP), Lesotho People‟s Congress (LPC) and the Basutoland Congress Party (BCP) was announced at a joint conference in Maseru by the leaders of these parties.
74. The AUEOM noted that this coalition commanded the largest number of MPs (63 seats out of the 120 National Assembly seats) and they were able to form government in terms of Section 87 (2) of the Constitution of Lesotho. The AUEOM further noted that although the election results show that the ABC had won the most constituencies (46 out of 80), its total number of seats after the proportional representation seats allocations together with the combined BNP and Reformed Congress of Lesotho (RCL) seats only amounted to 55 and therefore short of the statutory 61 seats required to form government.
75. The AUEOM commended Lesotho for a peaceful alternation of power when the outgoing Prime Minister Thomas Thabane, who is also the leader of the ABC, handed over instruments of power to the new Prime Minister and leader of the DC Pakalitha Mosisili at a ceremony at the Setsoto National Stadium in Maseru on 17 March 2015.
76. The AUEOM noted that ministerial appointments were negotiated among the coalition partners soon after the announcement of the coalition and this has resulted in formation of a seven party inclusive cabinet. The leader of the LCD was appointed Deputy Prime Minister-a position he held in the former coalition government. The leaders of the other five parties were each appointed as Ministers with the bulk of other cabinet appointments shared between the DC and LCD. As part of the coalition power-sharing arrangement, high-ranking officials from all the seven parties were also since been appointed to senior government positions.
77. The AUEOM noted that despite attaining the requisite number of seats to form government, the coalition does not have the two-thirds majority threshold required to undertake essential reforms required to address with some of the country‟s political
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problems. It, therefore, urged the new National Assembly to work in the national interest to address these issues across party lines.
VII. CONCLUSION AND RECOMMENDATIONS
a. Conclusion
78. The AUEOM concluded that the 28 February 2015 National Assembly Election in the Kingdom of Lesotho were peaceful, transparent and generally reflect the will of the Basotho Electorate. The AUEOM encourages the government of Lesotho to commit to constitutional reforms in the interest of political stability and urges all political parties to maintain peace and to resort to legal channels should they have any complaints. The AUEOM commended the people of Lesotho for exercising their right to vote in a peaceful manner. The AUEOM congratulates the IEC for managing the electoral process professionally.
c. Recommendations
Based on its observations and consultations, the AUEOM offered the following recommendations:
Government should:
Take measures that enhance the full participation and representation of women, youth and people with disabilities in elective offices, in line with Article 8 of the African Charter on Democracy, Elections and Governance;
Provide the judiciary with adequate human and financial resources; and
Parliament should:
Undertake comprehensive and thoroughgoing constitutional reforms to address among other matters coalition government mechanisms, floor- crossing in Parliament and dispute resolution mechanisms;
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Create an effective media regulatory framework that ensures the media maintains impartiality in the coverage of elections.
Take effective legislative and other measures to effect urgent security sector reform that ensures civilian control of the military and police pursuant to the Constitution of the Kingdom of Lesotho; and
Review the legal framework on political party funding to ensure that appropriate ceilings and accounting mechanisms are put in place to create a level playing field for all contenders of political office.
Political Parties should:
Take positive measures towards affirmative action to ensure that women fully participate in politics and are represented at all levels in the body politic;
Take concrete measures to build the capacity of their membership to uphold constitutionalism and the rule of law. This requires vision and transformative leadership that puts national interests above personal interest; and
Engage in dialogue to resolve current and future challenges, and lay foundations for consensus building and mutual trust.
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Annex 1: Deployment Plan No. Name Country AoR/District 1. Hon. Bonaventure Niyoyankam Burundi Maseru 2. Amb. Tadelech Hailemikeal Ethiopia 3. Hon. Chen C. C. Chimutengwende Zimbabwe Maseru 4. Amb. Nicolas Bwakira South Africa 5. Crispy Kaheru (LTO) Uganda 6. Hon. Tesfaye Daba Wakjira Ethiopia Berea 7. Amb. Ronald Norman Levi Malawi 8. Hewitt Chizyuka (LTO) Zambia Mafeteng 9. M-Marie Lilian R. Mathilda Seychelles 10. Henzily Simon Munkhondya Malawi Leribe 11. Victoria Maloka South Africa 12. Victor Bataly Lowilla South Sudan Mohot‟long 13. Kealeboga Johnny Maphunye South Africa 14. Ephrem Shiferaw Wolde Ethiopia Qacha‟s Nek 15. Mariam Wambui Kamunyu Kenya 16. Meron Belya Alene Ethiopia Quthing 17. Jacob Goma Zambia 18. Maud Tendai Anthea Zimbabwe Butha Buthe 19. Mbhoshongwane Shongew Swaziland 20. Remember Miamingi (LTO) South Sudan 21. Nora Christabelle Ho Tu Nam Mauritius Thaba Tseka 22. Miza Hassan Faki Tanzania 23. Imoleayo Oluwatosin Adeyere Nigeria Mohale‟s Hoek 24. John Tesha Tanzania 25. Irene Mwangi (LTO) Kenya
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Annex 2: Observers Briefing Plan
DAY 1, Monday 23 February 2015 Time Activity Responsibility 09:00 - 09:10 Welcome remarks AU 09:10 – 09:30 Introductions ALL 09:30 - 09:40 Overview of mission programme Mission Coordinator 09:40 - 10:30 Briefing on the pre-election context: LTO coordinators findings of AU LTOs Overview of LTO activities LTO deployment Key findings of the LTOs 10:30-11:00 Tea break 11:00-12:30 Briefing by the Lesotho Electoral IEC Authorities representatives Overview of IEC mandate IEC’s interaction with stakeholders and involvement of stakeholders in the 2015 electoral process (political parties and civil society) Preparedness for the elections ( personnel recruitment and training, logistics and operations) Election day procedures IEC’s expectation from international observer 12:30-13:30 Lunch break 13:30-14:30 Introduction to the use of tablets in EISA observer reporting Introduction to the tablets Familiarity with tablets Activating functions eg. GPS 14:30-15:00 Tea break 15:00-16:15 International benchmarks for credible EISA elections International instruments AU instruments Assessing free and fair elections
Election observation rationale and methodology Electoral cycle Observation Vs Monitoring AU election assessment
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methodology
16:15 -17:00 Security Briefing Police representative 17:00 Close of day 1
DAY 2, Tuesday 24th February 2015 Time Activity Responsibility 09:00 – 11:00 Political context of the 2014 CSO elections in Lesotho Political background Party nomination and candidates Voter registration Campaigns Key issues in the 2014 process Legal framework for elections in Lesotho The constitution Electoral Act Electoral system Party finance regulation 11:00-11:30 Tea break 11:30-12:30 Observer reporting – Election day EISA reporting methodology
12:30-13:00 Code of Conduct for Observers EISA Roles and responsibilities of AU Observers
13:00-14:00 Lunch Break 14:00-15:00 Press conference for release of Head of Mission pre-election statement supported by the coordination team 15:00-15:30 Tea break 15:30-17:00 Perspectives of civil society on CSO the 2015 elections representatives (TBC)
DAY 3, Wednesday 24th February Time Activity Responsibility 09:00-10:00 Use of tablets on election day EISA Downloading forms Completing forms
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Saving forms Uploading forms Troubleshooting 10:00-10:30 Tea break and Group Photo 10:30-12:30 Practical Exercise – Case EISA Studies: Use of checklists & tablets 12:30-13:30 Lunch break 13:30-15:00 Guidelines for election day EISA 15:00-15:30 Tea break 15:30-16:00 Deployment briefing and Mission distribution of deployment kits coordinator and and supplies secretariat
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