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 60 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

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