First instance body dealing with electoral disputes
Lesotho
Constitution of Lesotho 1993, Article66A(1)
The Independent Electoral Commission's 'Powers,duties and functions as amended in section 66A (1) The Electoral Commissionshall have the following functions-:
(i) - toadjudicate complaints of alleged irregularities in any aspect of the electoralor referenda process atany stage other than in an election petition;
EISA ELECTION OBSERV ER MISSION Report
PARLIAMENTARY ELECTIONS
26 MAY 2012
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:
a) Party Leaders’ Forum –this is the forum of leaders of all parties contesting elections which the IECconsults on matters which require decisions on the electoral process. The Forummeets as and when necessary in between elections and more frequently duringelection time.
b) Party Delegates Forum – this is a forum similar to the Multiparty Liaison Committees.Representatives of all parties registered with the IEC meet on a monthly basiswith the Commission to be briefed on the electoral process. They in turn takethe information to their parties. This has been a useful consultative forum, asit ensures that developments pertaining to the electoral process arecommunicated to the parties timeously.
c) Logistics Committee – in an effort to ensure transparency during elections, the IEChas established the Logistics Committee, which consists of representatives ofparties nominated jointly by the parties to plan all election logistics withthe Commission. The responsibilities of this Committee include, among otherthings, ensuring that all election materials are bought, safely kept anddistributed according to a plan jointly arrived at with the Commission. TheCommittee also witnesses the tendering process and procedures for all electionmaterials and it also observes the printing of ballot papers and ensures theirsecurity in collaboration with the Commission and the Lesotho Mounted PoliceService. In effect, the Committee becomes involved in the movement of theballot papers from printing (which is usually done in the Republic of SouthAfrica) to the IEC warehouse for safekeeping.
d) Data Committee –the Data Committee is involved in the compilation of the voters’ roll. It workswith the Commission on the entire voter registration process and also on allvoter registration complaints which may arise during the voter registrationprocess.
e) Monitoring Committee – This isa committee made up of representatives of the parties contesting elections (18parties in this election) whose role is to ensure that all election operationsare carried out without problems. The committee, jointly with the IEC, dealswith all challenges which may arise during the electoral processes.
http://www.eisa.org.za/PDF/les2012eom.pdf
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.
