Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The Independent Electoral Commission is responsible for constituency delimitation. Delimitation is reviewed every 8-10 years after the new constituencies are decided. The constituencies may also be reviewed whenever a census of the population is carried out.
“The Commission shall review the boundaries of the constituencies into which Lesotho is divided … not less than eight nor more than ten years from the date of completing its last review, and may, by order, alter the boundaries in accordance with the provisions of this section to such extent as it considers desirable in the light of the review:
Provided that whenever a census of the population has been held in pursuance of any law the Commission may carry out such a review and make such an alteration to the extent which it considers desirable in consequence of that census.”
Source: Constitution of Lesotho, Article 66 and 67;
National Assembly Electoral Act (2011), Article 135(f)
Verified: 2017/07/19
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers c . Compactness of constituencies d . Conformity with local jurisdiction boundaries e . Geographic size of district f . Communities of interest/cultural concerns
Comments: “All constituencies shall contain as nearly equal numbers of inhabitants of or above the age of twenty-one years as appears to the Commission to be reasonably practicable, but the Commission may depart from this principle to such extent as it considers expedient in order to take account of--
a. the density of population, and in particular the need to ensure adequate representation of sparsely populated rural areas;
b. the means of communication;
c. geographical features;
d. community of interest; and
e. the boundaries of existing administrative areas:
Provided that the number of inhabitants, of or above the age of eighteen years, of any constituency shall not exceed or fall short of the population quota by more than ten per cent.”
Source: Constitution of Lesotho, art. 67(2)
Verified: 2017/07/19
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission
Comments: The Independent Electoral Commission is responsible for constituency demarcation.
Source: Constitution of Lesotho, art. 66A(1);
National Assembly Electoral Act 135(f)
Verified: 2017/07/19
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
g . Inherited monarchy
Comments: There shall be a King of Lesotho who shall be a constitutional monarch and Head of State. The King is chosen by the College of Chiefs, in accordance with the customary law of Lesotho but is generally obliged to act on the advice of the Cabinet or the Council of State.
Source: Constitution: Constitution of Lesotho, art. 44, 45 & 91
Verified: 2017/07/19
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Government is headed by the Prime Minister who is appointed by the King on the advice of the Council of State and must enjoy the support of the majority of the National Assembly.
Source: Constitution: Constitution of Lesotho, art. 87
Verified: 2017/07/19
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments:
Source: Constitution: Constitution of Lesotho, art. 44, 45 & 91
Verified: 2017/07/19
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: Parliament consists of two houses, the National Assembly and the Senate.
Source: Constitution: Constitution of Lesotho, art. 54
Verified: 2017/07/19
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
h . Mixed Member Proportional
Comments: The National Assembly has 120 seats. Its members are elected by direct popular vote using the mixed member proportional(MMP) system - 80 in single-member constituencies using the first-past-the-post system and 40 from one national constituency using party-list proportional representation. Proportion representation seats are allocated so as to compensate parties for the discrepancy between percentage votes obtained and percentage constituency seats won.
Source: Constitution: Constitution of Lesotho, art. 56-57 & 67
Verified: 2017/07/19
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments: The key legislative items are:
Constitution of Lesotho 1993 and amendments.
National Assembly Electoral Act (2011).
Source: Constitution: Constitution of Lesotho, art. 66-66D;
National Assembly Electoral Act (2011)
Verified: 2017/07/19
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments:
Source: Constitution: Constitution of Lesotho, art. 66A(1);
National Assembly Electoral Act (2011)
Verified: 2017/07/19
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source:
Verified: 2017/07/19
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
c . Specially Appointed/Elected Electoral Tribunal
Comments: The Chief Justice shall appoint members of the High Court to hear election petitions. In accordance with section 69 of the Constitution, the High Court has exclusive jurisdiction to hear and determine any question.
Source: Constitution: Constitution of Lesotho, art. 69;
National Assembly Electoral Act (2011), art. 124 and 125
Verified: 2017/07/19
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level
Comments:
Source: Constitution: Constitution of Lesotho, art. 66A(1).
Verified: 2017/07/19
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: The IEC receives funding from Parliamentary appropriations.
Source: Constitution: Constitution of Lesotho, art. 66D.
Verified: 2017/07/19
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments: The government meets the funding of the IEC, whose expenses, along with all other election expenses, are charged directly to the Consolidated Fund. The budget is prepared by the IEC and submitted, through the Ministry of Finance, to Parliament for approval
Source: National Assembly Electoral Act 2011, Articles 134-148;
Constitution of Lesotho, Article 66D
Verified: 2017/07/19
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: For a 5 year term renewable once.
Source: Constitution: Constitution of Lesotho, art. 66(7), fifth amendment.
Verified: 2017/07/19
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: National Assembly Electoral Act 2011, Article 136
Verified: 2017/07/19
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: 3 members
Source: Constitution of Lesotho, Article 66(1)
Verified: 2017/07/19
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: “There shall be an Independent Electoral Commission…which shall consist of the following members, being persons of high moral character and proven integrity, appointed by the King acting in accordance with the advice of the Council of State -
a. Chairman, being a person who holds, has held or qualifies to hold high judicial office; and
b. two other members, each of whom possesses any of the qualifications referred to in paragraph (a) or who possesses considerable experience and demonstrated competence in administration or in the conduct of public affairs. [Constitution, Article 66(1)]
Source: Constitution of Lesotho, art. 66 (1-6).
Verified: 2017/07/19
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
Comments:
Source: Constitution: Constitution of Lesotho, art. 66 (1-6)
Verified: 2017/07/19
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body g . NGOs/ Civic Organizations
Comments: Independent Electoral Commission (IEC) tasked by law to "promote knowledge of sound democratic electoral processes".
Source: Constitution: Constitution of Lesotho, art. 66A.
Verified: 2017/07/19
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source: Constitution: Constitution of Lesotho, art. 66A
Verified: 2017/07/19
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body
Comments: The IEC is tasked by law to "promote knowledge of sound democratic electoral processes"
Source: Constitution: Constitution of Lesotho, art. 66A;
Verified: 2017/07/19
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Registration of young voters (to be 18 between the end of the ordinary registration period and the election day).
Source: Constitution: Constitution of Lesotho, art. 67(2)(b)
Verified: 2017/07/19
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship d . Naturalization e . Other
Comments:
Source: Constitution: Constitution of Lesotho, art. 57
Verified: 2017/07/19
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: d. Independent Electoral Commission of Lesotho.
Source: Constitution: Constitution of Lesotho, art. 66A(1e)
Verified: 2017/07/19
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Registration on the voters roll is compulsory. Continuous registration.
Source: National Assembly Electoral Act, 2011 Article 4
Verified: 2017/07/19
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) f . Other
Comments: 500 members who are registered voters, with names, addresses and constituency registration details.
Source: National Assembly Electoral Act (2011), Article 23-24
Verified: 2017/07/19
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration i . Minimum level of literacy
Comments: i. Unless the person is blind or incapacitated, they must be able to read and write in Sesotho or English well enough to take part in National Assembly proceedings.
Source: Constitution: Constitution of Lesotho, art. 58
Verified: 2017/07/19
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments: Independent candidates can compete for 80 seats which are allocated by first past the post system, the other 40 seats are allocated by proportional representation and for these seats only political parties can compete.
Source: National Assembly Electoral Act (2011), Article 41(3)
Verified: 2017/07/19
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: “A political party registered with the Commission shall be entitled to funding from the Consolidated Fund for the purpose of campaigning and payment of party agents.”
Source: National Assembly Electoral Act (2011), Article 70-72
Verified: 2017/07/19
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments:
Source: National Assembly Electoral Act (2011), Article 70
Verified: 2017/07/19
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: National Assembly Electoral Act (2011), Article 70(1)
Verified: 2017/07/19
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: “Votes to be counted at voting stations after the close of voting”
Source: National Assembly Electoral Act (2011), Article 94
Verified: 2017/07/19
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request
Comments:
Source: National Assembly Electoral Act (2011), Article 101
Verified: 2017/07/19
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
g . Other (specify)
Comments: “The Commission shall, by arrangement with the Government-owned media, allocate time on the radio and television during which political parties may be allowed to speak or appear in campaigning for elections and the Commission shall determine the allocation of time to each political party.”
Source: National Assembly Electoral Act (2011), Article 67(2)
Verified: 2017/07/19
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
c . No
Comments:
Source: Dr Khabele Matlosa, Head of Research, EISA; 1 Oct 2007.
Verified: 2017/07/19
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments: There are no legal provisions governing opinion polls.
Source:
Verified: 2017/07/19
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2017/07/19
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008), p. 52, 177, 206.
Verified: 2017/07/19
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Constitution: Constitution of Lesotho, 66A(1)
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2015/03/15
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008)
Verified: 2017/07/19
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008)
Verified: 2017/07/19
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008)
Verified: 2017/07/19
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008)
Verified: 2017/07/19
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008)
Verified: 2017/07/19
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008)
Verified: 2017/07/19
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008)
Verified: 2017/07/19
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections f . By mail
Comments: f. “Public officer employed in the service of the Government of Lesotho in another country; is the dependent or employee of such an officer; a public officer that will be out of Lesotho on official duty on the elections day; is a candidate or agent; will be carrying out official elections duties; will be performing the functions of an elections observer, journalist, medical personnel or security personnel on the elections day.”
Source: National Assembly Electoral Act (2011), Article 73 and 83
Verified: 2017/07/19
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country f . Diplomatic staff
Comments: “Public officer employed in the service of the Government of Lesotho in another country; is the dependent or employee of such an officer; a public officer that will be out of Lesotho on official duty on the elections day; is a candidate or agent; will be carrying out official elections duties; will be performing the functions of an elections observer, journalist, medical personnel or security personnel on the elections day.”
Source: National Assembly Electoral Act (2011), Article 73
Verified: 2017/07/19
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates
Comments:
Source: Electoral Law: National Assembly Election Order, art. 9G
Verified: 2017/07/19
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: National Assembly Electoral Act (2011), Article 85
Verified: 2017/07/19
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