Lesotho: Electoral Code of Conduct

Updated May 2006

A new Electoral Code of Conduct ("Code") was adopted in 2001 to replace the less detailed Code of 1992 (National Assembly Election (No 1) (Amendment) Act 2001, 42; National Assembly Election Order 1992, Schedule 4).

Enforcement

The Code is binding on all candidates and all registered political parties and infringements make the guilty party liable to a formal warning, a fine of up to M10 000, suspension of media access for a specified period or restrictions on campaign activities such as prohibitions on meetings, on entry to certain geographic areas or on literature distribution (National Assembly Election (No 1) (Amendment) Act 2001, 112M (1), (2)(a)).

Particular infringements by parties carry heavier penalties (National Assembly Election (No 1) (Amendment) Act 2001, 112M (2),(b)):

  • Acts of violence, intimidation or gross violations of the rights of any political party, candidate or voter may lead to cancellation of registration with the IEC.
  • Obtaining votes by fraud may lead to a reduction in the vote count of the party concerned.
  • Prevention of another party from free and safe access may lead a party being excluded from particular voting stations.

Moreover individuals involved in acts of violence, intimidation or gross violations of the rights of any political party, candidate or voter may be disqualifies from standing as candidates (National Assembly Election (No 1) (Amendment) Act 2001, 112M (2),(c)).

Cases of infringement are prosecuted by the Director of Elections and fall under the jurisdiction of the High Court (National Assembly Election (No 1) (Amendment) Act 2001, 112N).

Objective

The Code lays down as its purpose, "to promote conditions that are conducive to free, fair and transparent elections" and to promote a climate of (section 1):

  • tolerance free from coercion, intimidation, violence or reprisals;
  • free campaigning and open debate;
  • intolerance of bribery, vote-buying and patronage; and
  • intolerance of character defamation and misinformation.

Commitment and compliance

Parties and candidates are expected not only to adhere to the Code, but to actively publicise it while conducting campaigns, to promote voter education and to develop a code of ethics in line with the Code (section 2). This public commitment involves the affirmation of the rights of participants to (sections 4(a), 3):

  • express differing views;
  • debate and contest each other's policies and programmes;
  • canvass freely for membership and support;
  • hold meetings, rallies and marches;
  • attend meeting of others;
  • distribute campaign literature and materials;
  • publish notices and adverts; and
  • promote free campaigning within the law.

Parties and candidates are expected to instruct all concerned, leadership, members and supporters to adhere to the Code (section 4(b)).

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References

NATIONAL ASSEMBLY ELECTION ORDER 1992, Military Council and Council of Ministers of Lesotho.

NATIONAL ASSEMBLY ELECTION (No 1) (AMENDMENT) ACT 2001, Lesotho Government Gazette Extraordinary, 46(105), 31 December.