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
participatory and accountable governance that the Government and people of Lesotho
aspired for through the Vision 2020.
Judicial measures
119. In line with the constitutional right to participate in government at all levels including
standing for elections and challenging the electoral process, the High Court of Lesotho,
has handled the following elections related cases.
Table A10: Elections-related cases
Case
Issues raised
Basotho National Party
&
Lekhanya
v
Government of Lesotho
and
16
Ors
Constitutional case
Ruling
Validity of 2000 elections in line Case dismissed
with S.20 of the Constitution.
Locus standi of BNP to challenge
persons
elected
into
parliament
(S.69(3))
Non-joinder of other candidates
who had participated in the elections
Tsepe v IEC and Others
Freedom from discrimination – Section 26 (1A) (a)&
C of A (civ) No. 11 of
whether reservation of 1/3 quota of local (b)
2005
government seats for women in terms of affirmative
introduced
action
s.26(1A) (a) & (b) of Local Government measures in line with
Elections Act 1998 (As amended in s.18
2004) was discriminatory
of
the
Constitution as well as
Lesotho’s
Right to participate in government
international
rights
55
human
obligation
to