Chapter three: Democracy and good political governance
•
Strengthen the capacity of the IEC for managing conflicts, and continue with negotiations to
refine the MMP and obtain the consensus of stakeholders. (Government of Lesotho, traditional
leaders, political parties, IEC)
•
Develop a code of conduct for political parties so as to redress the problem of intraparty and
interparty conflicts. (Government of Lesotho, traditional leaders, political parties, IEC)
Objective 2: Promote constitutional democracy and the rule of law
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i.
Summary of the CSAR
172.
The 1993 constitution of Lesotho is the supreme law of the country and stipulates that all other
laws should be consistent with it.
Political competition and opportunity for choice
173.
The critical questions are: whether Lesotho’s political system allows free and fair competition for
power; to what extent the practice of government is based on the supremacy of the constitution
and the rule of law; whether there is a separation of powers among the executive, legislative
and judicial branches of government; and whether the institutions of governance are effective.
The codes and standards regarding political competition and opportunity for choice are provided
for in the ICCPR, which covenant has been signed and ratified by Lesotho. The constitution of
Lesotho provides for the protection and promotion of fundamental human rights and freedoms.
Freedom of assembly, association, expression and participation in government are entrenched in
the constitution and are provided for in specific electoral laws. The Societies’ Act of 1966 governs
the formation and registration of political parties, of which there were 19 at the last elections
(14 actually participated). The National Assembly Election Order of 1992 recognises the rights
and responsibilities of political parties and provides for an Electoral Code of Conduct. The IEC
administers periodic elections, which are scheduled to be held every five years.
The electoral system and political competition
174.
There is general consensus that the MMP electoral system that has been used since the 2002
elections has been effective in reducing tensions between political parties and their supporters.
It has improved political inclusiveness and the representation of small parties in Parliament and
has enhanced the legitimacy of the ruling party. The reformed electoral system has also brought
relative peace and stability to the country.
Supremacy of the constitution and the rule of law
175.
There are a number of institutions that are supposed to safeguard constitutional government
and the rule of law. These include the National Assembly, which is supposed to represent the
electorate, enact laws and exercise oversight over the policies and actions of the executive and
the judiciary through parliamentary portfolio committees and a Public Accounts Committee (PAC).
The Office of the Ombudsman, the Office of the Auditor General (OAG), the PSC, the DCEO and the