Identifier | Created | Classification | Origin |
---|---|---|---|
06MASERU167 | 2006-04-03 13:09:00 | UNCLASSIFIED | Embassy Maseru |
VZCZCXRO0403 RR RUEHMR DE RUEHMR #0167 0931309 ZNR UUUUU ZZH R 031309Z APR 06 FM AMEMBASSY MASERU TO RUEHC/SECSTATE WASHDC 1976 INFO RUEHMR/AMEMBASSY MASERU 2243 |
UNCLAS MASERU 000167 |
1. Per ref, the GOL and opposition parties are locked in a dispute regarding the extension of the tenure of two of the three current members of the Independent Electional Commission (IEC). Through a presentation by government officials at a recent donors' forum and related documents, post has more information on the details of the legal and policy arguments advanced by both sides. 2. At a March 30 donors' meeting, invited speakers Deputy Prime Minister Lesao Lehohla and Minister of Justice Refiloe Masemene stressed the importance for continuity in the IEC during the build-up to national elections during the first half of 2007. Losing two experienced commissioners (both had worked on the 2002 elections) would handicap preparation efforts; the third commissioner had been appointed after the previous elections. The Minister added that the two IEC members had been selected for three-year terms of office, per the Constitution. As a subsequent amendment now pemits 5-year terms, extending the current Commissioners' time in office for two years would still fit within the limits of the current law. Lehohla noted that the opposition political parties had rejected both the original extension proposal and also the GOL's offered compromise of retaining only one of the two IEC officials. 3. Lehohla and Masemene provided a copy of the Attorneny General's legal opinion supporting the extensions. While the Constitution at the time of the original appointments permitted only two three-year terms in office, a subsequent amendment allows five-year terms. The legal presumption against retroactive application of laws may be rebutted, however, if the new legislation 1) is substantially similar to the pre-existing law and/or 2) "operates to the benefit of a subject/s." The GOL argues that the new provisions are identical to the previous law, except for the term of office specified; in addition, the amendment was clearly intended to benefit IEC members, since it does not differentiate between commissioners appointed before or after the new law took effect and expands the rights of (i.e., benefits) IEC members. 4. A legal opinion commissioned by the main opposition party, the BNP, on the other hand, contends that that the amendment language of "renew" and "reappoint," the terms used in previous legislation, means that the extending the terms of office requires the full political process involving the political parties and Council of State. Thus, such extensions are entirely separate legal actions from the original appointment and the consent of the political parties is needed. The opinion also notes that if Parliament had wanted to allow automatic extensions of commissioners serving three-year terms, the new amendment could have explicitly so stated. 5. COMMENT: With the government and opposition at loggerheads on this matter, Lehohla and Masemene said the GOL intends to take this matter to the Council of State, a body consisting mainly of government officials, some of whom are appointed by the Prime Minister. Considering the group's composition and that it operates by simple majority, endorsement of the GOL's position is virtually certain. The government's arguments for continuity and experience in the IEC make good sense; the Commissioners' expertise will be important in ensuring that the 2007 elections are a repeat of the free, fair, and peaceful polling in 2002. Also needed for successful elections will be the vigorous and full participation of the political opposition, which, it is hoped, will not be affected by the row over the IEC. PERRY |