INDEPENDENT ELECTION COMMISSION ANTICIPATES HURDLES,

UNCLAS SECTION 01 OF 02 MASERU 000240

SIPDIS

DEPT FOR AF/S AND INR/AF : RITA BYRNES

E.O. 12958: N/A
TAGS: PGOV LT
SUBJECT: INDEPENDENT ELECTION COMMISSION ANTICIPATES HURDLES,
PREPARES FOR 2010 LOCAL GOVERNMENT ELECTIONS

REF: MASERU 231

MASERU 00000240 001.2 OF 002



1. SUMMARY: In their July 14 meeting, Charge d' Affaires
(CDA) and Limakatso Mokhothu, Chairperson of the Independent
Electoral Commission (IEC),discussed challenges facing Lesotho
as it prepares for the 2010 local government elections. Other
topics of discussion focused on the Masire report (reftel),
pertaining to the controversial allocation of proportional seats
in the National Assembly, and the delimitation of constituency
boundaries for the 2012 national elections. Mokhothu also
addressed internal political party strife and weaknesses in the
electoral law. END SUMMARY.


2. The Chairperson of the IEC indicated to CDA that elections
are a big business and so there will always be some contentious
issues. She asserted that the IEC has integrity and they are
committed to doing the best they can; however, she acknowledged
mistakes do happen. She pointed out that when burning issues
come up, the IEC is always ready to listen to all sides.
Responding to a question regarding Masire's report, Mokhothu
stated that she could not comment on the report because she has
not yet had the chance to discuss it with the other two IEC
commissioners and technocrats in her office. She did observe
that the Masire report seems to have stirred up strong emotions,
with some people expecting proportional representation (PR)
seats in the National Assembly to be re-allocated when
Parliament resumes work in early September.


3. Mokhothu went further to add that there is a false
interpretation of the law regarding the controversial alliances
which were formed by some political parties prior to the 2007
snap elections. She observed that on the one hand, some people
suggest the governing Lesotho Congress for Democracy (LCD) -
National Independent Party (NIP) alliance was illegal, while on
the other, they say the All Basotho Convention (ABC) - Lesotho
Workers Party (LWP) alliance was legal. She stressed that "if a
party alliance is wrong, it is wrong" for both sides. She cited
the case filed by the Marematlou Freedom Party (MFP) against the
allocation of PR seats and alliances and stated that under the
current electoral law, alliances are not addressed and there is
no legal basis for ruling on them.


4. Mokhothu stated that because the proper interpretation of
the law talks about political parties only, the Basotho African
Congress and the Lesotho People's Congress took the legal route
and formed the Alliance of Congress Parties, thereby becoming
one party. In this way, they were in compliance with the law,
unlike the ABC and LCD, which formed informal alliances. She
emphasized that the IEC did not break any electoral law but
acknowledged that they made a mistake for accepting the
aforementioned informal party alliances.


5. The IEC chair also said that agrees that mediation on this
issue has been necessary, since "Basotho do not seem to be able
to hold dialogue on their own." CDA informed Mokhothu that
Masire made a similar observation at a meeting with the
diplomatic corps, that there appears to be a deep-rooted
division amongst Basotho as a result of political differences.
Related to the high level of tension between politicians, the
IEC Chair also touched upon the issue of recognizing the ABC
leader as the official opposition leader in Parliament, but she
emphasized that it was a Parliamentary issue and not one for the
IEC to address.


6. Regarding the local government elections, Mokhothu indicated
that she foresees problems regarding the rotation of Electoral
Divisions reserved for women. (Note: The Local Government Law
required thirty per cent (30%) of identified electoral divisions
to be reserved exclusive for women only. Prior to the 2005 local
government elections, opposition parties had suggested that
political parties should have been required to ensure that 30%
of their candidates were women, instead of designating certain
units of local government reserved for women. They had argued
that it was an unfair advantage for women and denied strong male
candidates from those localities the opportunity to stand as
candidates. End note.) She also mentioned that another
contentious issue was the nomination of candidates. She stated
that as a result of intra-party feuds, some parties end up with
up to five (5) candidates in one electoral division instead of
one. Mokhothu also denied rumors that the 2010 local government
elections might be postponed and held together with national
elections as a cost-saving measure, stating that such a change
would require the existing election laws to be amended.


7. The Chairperson concluded by pointing out that she foresees
problems with regard to the delimitation of constituencies for
the 2012 elections because the process requires a constitutional
amendment, which may take time. The constitution requires that
constituency boundaries be reviewed and redrawn as necessary
every 10 years, based on the data provided by the national
census. Mokhothu stated that because there was no census data

MASERU 00000240 002.2 OF 002


to work with, the review could not be completed; because so much
time has lapsed, a constitutional amendment giving the IEC a new
way forward must be put forth by the Attorney General for
Parliament to consider.


8. COMMENT: The meeting was candid and open. Mokhothu, who has
6 years experience with the IEC, is highly knowledgeable given
her background with NGOs and also as former Governance Advisor
for the Irish Embassy. She appears to be a capable technocrat
and did not seem to have overt ties to the governing LCD. Her
assertion that the delimitation of constituencies requires a
constitutional amendment raises questions about whether such an
amendment will ever be introduced by the Attorney General.
Local experts agree that in a delimitation process, the LCD
would lose significant support, as urban areas that are
currently under-represented in Parliament tend to support the
ABC and other opposition parties.


9. COMMENT continued: Mokhothu correctly observed that
passions are running high as a result of the Masire report.
Local observers fear the possibility of political violence when
Parliament resumes work in early September. It is unclear what
course of action opposition parties will take as the country
prepares for the 2010 local government elections, currently
planned for April. The IEC is expected to issue the writ of the
LG elections in January 2010. Post will continue to consult
various stakeholders and encourage all parties to remain
non-violent.
Power