THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 399. The 58 percent was a result of a quota system which Lesotho had adopted through the Local Government Elections (Amendment) Act 2005. In terms of this amendment, 30 percent of all constituencies were reserved for women. That is, only women could contest in these constituencies. Women and men could both compete on a winner-takes-all basis in the remaining 70 percent of seats. The Electoral Act made provision for this system to rotate to different constituencies for at least three elections, at which time it would be evaluated and assessed. This amendment was however challenged by one of the male contestants in the case of Molefi Tse’pe v the IEC and others. The grounds were that it infringed his constitutional rights. However, the Constitutional Court ruled that the electoral law was a ‘justifiable discrimination’. 400. Political parties lobbied the Independent Electoral Commission (IEC) to investigate and initiate a law more favourable to all. Political parties argued that they needed to be free to field candidates in any constituency. 401. Lesotho amended its electoral legislation ahead of the 2011 elections. The new system did away with reserved seats. However, it introduced 30 percent seats reserved for women above and beyond the original constituencies. These were distributed between parties using proportional representation. In order to ensure the new system delivered gender parity, civil society organisations, including Women in Law Southern Africa and Gender Links, worked with the Ministry of Gender, Youth, Sports and Recreation on a 50/50 campaign. The campaign sought to equip women politicians with knowledge and skills on gender, governance, electoral laws and how to run political campaigns. 402. In the 2011 elections which followed the proportion of women elected decreased to 49 percent. However, the result is considered by many as a more representative reflection of the aspirations of voters after amendments to the country’s quota system were implemented for the vote. The decrease notwithstanding, Lesotho remains in the lead as far as women’s representation in SADC local government. 139