Maximum adjudication time for the full EDR process (days)
Lesotho
EISA 2012 EOM Report pg 15
Pursuant to its mandate, the IEC put in place various consultativestructures to ensure ownership of the electoral process by all stakeholders andalso to serve as conflict management mechanisms. These structures are:
[…]
e) Monitoring Committee – This is a committee made up of representatives of the partiescontesting elections (18 parties in this election) whose role is to ensure thatall election operations are carried out without problems. The committee,jointly with the IEC, deals with all challenges which may arise during theelectoral processes.
http://www.eisa.org.za/PDF/les2012eom.pdf
National Assembly Electoral Act 2011, 123
(2) A person may submit a written complaint concerning the contravention ofthe Code. On receivingthe complaint, the Director shall refer the complaint for determination by the tribunal appointedin terms of section,-135(I)(n).
(3) Thetribunal adjudicating an alleged infringement of the Code may only impose a sanction referred toin section 122(4) (a) to (d) or (5) (a) or recommend to the Commission the imposition of anyother sanction referred to in section 122.
(4) Uponthe recommendation of the tribunal in accordance with subsection (3), the Commission may impose therecommended sanction or impose any other sanctionreferred to in section 122(4).
National Assembly Electoral Act 2011, 126, 127
Within 30 days of the contested result being announced in terms of sections 102 or 106(1) or declared undersection 105, the petitioner shall -
lodge an elections petitionwith the High Court
127.The Court shall take all reasonable steps to ensure that -
(a) electionspetition proceedings begin within 14 days after the elections petition is lodged;and
the High Court's final order in relation to theelections petition are given within 30 days after the last dayof thehearing.
Commonwealth 2012 EOM Report pg 13: The Electoral Act caters for alternative dispute resolution mechanisms.On receiving a written complaint concerning the contravention of the Code ofConduct, the Director of Elections refers the complaint for determination by atribunal appointed by the IEC to hear and determine such complaints.
We were also briefed by theIEC on the Commonwealth-sponsored conciliation and alternative disputeresolution mechanisms that have been a recent addition to the electoralprocess. We are aware that this system is designed to resolve disputes locallyand reduce the number of complaints brought to the tribunal.
Consultativestructures mentioned here are alternative dispute resolution mechanisms. They are designed to resolve election disputes asthey come locally or lower levels. If dispute is not resolved here, one can thenwrite a complaint to the Director of elections who takes it to the tribunal forhearing and determination. The IEC appoints an Electoral Tribunal to adjudicateelection disputes.
30+14+30 = 74 days
