Lesotho: Constitutional reform and stability (1998-2006)

Updated February 2007

The Interim Political Authority (IPA) began its work of reviewing Lesotho's constitutional and electoral arrangements in December and concluded it in February 2000, with an eye on holding new elections in June 2000; the process was slow due to the conflictual relationships that had developed between the parties and the high degree of mistrust that existed between them (Institute of Security Studies 2003; see Electoral reform in Lesotho). The final agreement required the introduction of a mixed member system by which proportional representation seats would be allocated on a compensatory basis in addition to the 80 single member constituency seats elected by plurality; this would ensure that discrepancies between the proportion of votes and the proportion of seats won were reduced and that smaller parties would also be represented in the National Assembly (Institute of Security Studies 2003). What became a sticking point was the number of compensatory seats to be allocated, for the IPA agreed on 50 but when the proposed electoral law was introduced to the National Assembly the ruling Lesotho Congress for Democracy (LCD) reneged on their undertaking and reverted to the system already in use, so the Senate rejected the Bill; the stalemate was finally broken when the Bill was amended to provide for 40 compensatory seats (Saunders 2002; 527; Institute of Security Studies 2003).

While these negotiations dragged on the elections were postponed repeatedly so that the elections finally only took place on 25 May 2002 (Institute of Security Studies 2003). Several other reforms were undertaken to ensure that the results would be accepted by the parties involved which included updating of the voters roll and a new voter verification system (see KABEMBA, C (ed) 2004 From Military Rule to Multiparty Democracy: Political Reforms and Challenges in Lesotho [PDF document], EISA No 2, 21 for more details). The run up to the elections were marked by leadership struggles and splits within the three major parties. The ruling LCD witnessed a power struggle between its leader, Pakalitha Mosisili, and justice minister Shakhane Mokhehle, which ended in the formation of the Lesotho People's Congress on 12 October 2001 under Mokhehle when he lost the fight (Matlosa & Sello 2005, 29; Institute of Security Studies 2003). The Basotho National Party (BNP) saw conflicts between the new party leader Maj Gen Lekhanya and its secretary-general (in which the former gained the upper hand), while factions in the BCP held two rival congresses led respectively by leader Molapo Qhobela and challenger Tseliso Makhakhe at the beginning of 2001, culminating in the triumph of Makhakhe and the foundation in 2002 of the Basotholand African Congress in 2002 by Qhobela (Matlosa & Sello 2005, 30; Institute of Security Studies 2003).

Though the LCD won the 2002 election and captured all but one of the constituency seats the allocation of compensatory proportional representation seats ensured that the opposition parties were not excluded from the National Assembly, for all of the compensatory seats were allocated to them (see 2002 National Assembly Election results). According to the Institute of Security Studies (2003): "the International Election Observation Delegation that endorsed the election as "…free, fair, peaceful, lawful and transparent". This assessment, despite initial objections, was accepted by all but the Basotho National Party (BNP), led by former military ruler Maj Gen Lekhanya, but fears of BNP and/or military led unrest as a result proved unfounded (Institute of Security Studies 2003; Encyclopedia of the Nations 2005).

References

ENCYCLOPEDIA OF THE NATIONS 2005, "Lesotho History", Thomson Gale, [www] http://www.nationsencyclopedia.com/Africa/Lesotho-HISTORY.html [opens new window] (accessed 23 Oct 2007).

INSTITUTE OF SECURITY STUDIES 2003, "Lesotho: History and Politics", [www] http://www.iss.co.za/af/profiles/Lesotho/Politics.html [opens new window] (accessed 23 Oct 2007).

MATLOSA, K & SELLO, C 2005, Political Parties and Democratisation in Lesotho [PDF document], EISA Research Report No 23.

SAUNDERS 2002, "Lesotho: Recent History" IN Murison, K (ed) Africa South of the Sahara 2002, Europa Publications.