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
238. In terms of sections 1 and 2 of the Constitution, the territory of Lesotho shall comprise
all the areas that immediately before 4 October 1966, were comprised in the former colony
of Basutoland together with such other areas as may from time to time be declared by an
Act of Parliament to form part of Lesotho.
239. Constitutionally, the people of Lesotho have the right to choose their government in free
and fair periodic elections held by secret ballot and based on universal and equal suffrage.
This thus complies with both components of the right of self-determination being external
self-determination; and internal self-determination which refers to a right of peoples to
determine how they shall be governed and the right to be free from despotic governments.
240. The obligation to ensure free and fair periodic elections is vested in the Independent
Electoral Commission (IEC) whose mandate and activities as well as Lesotho’s electoral
model are discussed under article 13 on the right to participate in government.
Legislative measures
241. To ensure effective implementation of the right to self-determination, Lesotho has enacted
the National Assembly Electoral Act 2011 which governs elections to the National
Assembly. The government of Lesotho has also decentralised power through creation of
local government councils. Elections into these councils are governed by the Local
Government Elections Act 1998 (as amended). The first Local Government Elections
were held in 2005 and the latest on 30 September 2017. Creation and empowerment of
Local Councils has deepened participatory democracy in Lesotho.
242. One of the unique results brought by the electoral system in Lesotho is that in the 2012,
2015, and 2017 (snap) national assembly elections no single political party attained
enough seats to form government. Hence in these years Lesotho had coalition
governments.
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