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First instance body dealing with electoral disputes

Lesotho

Lesotho

Answer
  • EMB (highest level)
  • Court of general jurisdiction (including Supreme Court)
Source

National Assembly ElectoralAct, 2011: 49

Objection to nominations of candidates onparty list

An elector, apolitical party registered with the commission, or the Director, may objectto -

(a)           thesubmission of a list ofcandidates made in terms of section 47 on grounds that it does not comply withdie requirements in that section; and

(b)           thenomination of a candidate onthe grounds that the candidate is not eligible to standas a candidate.

(c)           Theobjection shall be made in the prescribed manner by not later than the date prescribed in the elections timetable.

(d)           TheCommission shall determine the objection andnotify the objector and the political party concerned of its decision by notlater than the date prescribed in the elections timetable.

 National Assembly Electoral Act,2011:42

Objections to nominationof candidate for elections in constituencies

An elector or politicalparty may lodge an objection in respect of any name that appears on the list contemplatedin section 41.

Theobjection referred to in subsection (1) shall be lodged - inthe prescribed form;

Within 5 days of the lodging of theobjection, the Commission shall -

(a)           consider the objection;

(b)           make a decision on it; and

(c)           inform the objector and the person,against whom the objection is directed, of its decisionin writing.

(4)         Aperson who is aggrieved by the decision of the Commission may appealagainst the decision to the High Court.

(5)The High Court shall hear and determine the appeal as expedi­tiously as possible and shall give itsruling at least 2 days before the date pre­scribed in the elections timetable for theannouncement of nominations.

National Assembly Electoral Act, 2011: 28

Appeals against refusal orcancellation of registration of a political party

28. A political party thatis aggrieved by a decision of the Commission not to register it or to cancelits registration may, within 30 days after the party has been notified of the decision, appealto the High Court against the decision.

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