Identifier
Created
Classification
Origin
09MASERU324
2009-09-09 14:25:00
UNCLASSIFIED
Embassy Maseru
Cable title:  

LESOTHO: GRIEVANCES AIRED AT LAW SOCIETY OF LESOTHO

Tags:  PGOV LT 
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P R 091425Z SEP 09
FM AMEMBASSY MASERU
TO SECSTATE WASHDC PRIORITY 4363
INFO SADC COLLECTIVE
AMEMBASSY MASERU
UNCLAS MASERU 000324 


DEPT FOR AF / S AND INR / AF

E.O. 12958: N/A
TAGS: PGOV LT
SUBJECT: LESOTHO: GRIEVANCES AIRED AT LAW SOCIETY OF LESOTHO
SYMPOSIUM

-------
Summary
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UNCLAS MASERU 000324


DEPT FOR AF / S AND INR / AF

E.O. 12958: N/A
TAGS: PGOV LT
SUBJECT: LESOTHO: GRIEVANCES AIRED AT LAW SOCIETY OF LESOTHO
SYMPOSIUM

--------------
Summary
--------------


1. The Law Society of Lesotho, which is the equivalent of the
Bar Association in the U.S., hosted a symposium to discuss and
provide analysis on the controversial Marematlou Freedom Party
(MFP) vs. Independent Electoral Commission (IEC) and others
("MFP vs. IEC") case on August 27, 2009. Participants included
leaders and representatives of political parties; civil society
organizations; members of the Law Society of Lesotho; academics;
Members of Parliament; the United Nations Development Program
(UNDP); members of the Diplomatic Corps; and Government
Ministers. The Deputy Prime Minister, Lesao Lehohla; the
Minister of Communications and Secretary General of the
governing Lesotho Congress for Democracy (LCD),Mothojoa
Metsing; and Khotso Matla, Assistant Minister of Trade and
Industry, who is also the LCD's Publicity Officer and a member
of the National Executive Committee. The leader of the main
opposition party, the All Basotho Convention (ABC),Tom Thabane,
was also present, while the leader of the Basotho National Party
(BNP),Major General Lekhanya, was conspicuously absent.
Despite Lekhanya's absence, the BNP was represented by two
former army officers. The proceedings generated heated debate
but all participants remained fully engaged and orderly until
the program ended.

-------------- --------------
Ruling Party refuses to reconsider the outcome of the 2007
elections
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2. Minister Metsing, in his capacity as acting Minister of
Justice, Human Rights and Correctional Service and of Law and
Constitutional Affairs, opened the symposium. Metsing
reiterated that the courts of law have pronounced themselves on
the controversial issue of allocation of proportional seats in
the National Assembly, and he urged other parties to accept the
ruling. He also stressed that the formation of an alliance with
the National Independent Party (NIP) prior to the 2007 snap
elections was legal. (Note: Formation of the LCD/NIP and the
All Basotho Convention/Lesotho Workers Party (LWP) alliances
sparked protest to the IEC by other opposition parties both
before and after the vote. These controversial alliances have
led to the current political impasse as a result of the disputed
allocation of proportional seats. End note)

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MFP Chair alleges foul play in High Court's decision
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3. The second speaker to take the floor was the Vice President
of the Law Society, Advocate M. Nthloki. Nthloki explained the
background of "MFP vs. IEC". In 2007, Nthloki represented the
leader of the NIP, Anthony Manyeli, who had protested that the
IEC had rejected his party list for candidates while accepting a
party list from his deputy. His deputy's list included senior
members of the ruling LCD party against Manyeli's wishes. For
the first time, Nthloki revealed that the judge who had presided
over the MFP case had confessed to him in chambers and in the
presence of the ABC/LWP lawyer, that he made his decision on the
case "against his conscience".

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Presenters point out issues of concern
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4. Other presenters showed concern about various aspects of the
post-election reaction in 2007. Concerns raised included:

* Claims that allocation of the 2007 PR seats violated the
Mixed Member Proportional model (MMP).Lesotho's electoral
system. Presenters claim that two of the electoral alliances,
LCD/NIP and ABC/LWP, had deliberately contrived to defraud the
model - with mixed fortunes.

* Allegations that as implementer of the electoral law, the
IEC failed dismally in its duty. It was further alleged that -
in a meeting with Professor Jorgen Elklit and Ms Maryan Street
on February 24 2007 - the IEC had noticed that the formula used
to allocate the seats was incorrect. (Note: Professor Elklit,
of Aarhus University in Denmark, worked closely with the IEC and
Lesotho political parties when the MMP was introduced. Maryan
Street is a New Zealand member of Parliament who was an
official election observer during the 2007 election. The MMP
was adapted from the New Zealand model and officials of the IEC
have visited Wellington to study the model in practice. End
Note.)

* Proposals that there are serious weaknesses in electoral
law which need to be amended. For example, some institutions of
the state are currently immune to legal scrutiny in matters
affecting elections.

* Complaints that unlike "First Past the Post" seats -
which belong to elected MPs - Proportional Representation seats
belong to political parties. Presenters say it is unacceptable
to "disentitle" the MFP or any other political party from their
right to seek legal relief if they feel PR seat allocation has
not been completed fairly.

* Concerns that the MFP case precipitated a "crisis of
confidence" in key organs of the state.

Examples include:

i. The IEC for allegedly applying the electoral law
incorrectly in the 2007 seat allocation.

ii. The GOL's apparent unwillingness to search for a
universally-accepted solution to the
current impasse.

iii. The judiciary allegedly inconsistently interpreting
the law regarding election petitions;
and allegedly failing to discharge its
responsibility as a "Court of Disputed Returns".

iv. The current parliament allowing the participation of
MPs whose right to the seats they are
holding is disputed.

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Recommendations from the Symposium
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5. At the conclusion of the symposium, the following
recommendations were made:

* Electoral law should be amended to rectify identified
weaknesses.

* Electoral ballots should be printed in Lesotho

* Ensure a "Clean Parliament" by correctly re-allocating PR
seats

* Review the composition of the Council of State

* Consider Government of National Unity as the answer to
the current political impasse

* Establish an arbitration body which includes political
parties and the IEC to consider electoral disputes before they
go to the High Court

* Strengthen political parties and local institutions

* IEC must be accountable to opposition parties and the
general public

* Instead of removing the current twenty MPs from NIP,
include twenty new MPs from the opposition to fill the disputed
PR seats. This would be a creative solution to the current
political situation

* LCD listen and enter into sincere dialogue with the
opposition

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Comment
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6. The symposium was very useful and informative. It generated
a lot of interest and debate on important issues facing Lesotho.
Participants were fully engaged in the discussions. This forum
allowed people from different sectors to come together and
analyze the Lesotho's political problems. It also gave them a
chance to make their own suggestions to solve the problem. The
IEC, High Court and the LCD came under heavy criticism for
precipitating the current impasse. One political science
student from the National University commented that "Justice
should not be a foreigner to Lesotho and peace should not be a
visitor."


7. While some of the recommendations made were sound and well
thought out, all parties still appear to be deeply entrenched in
their own perspectives. Many participants pointed out that it
is up to those in power to have the political will to consider
the recommendations made in order to change the status quo.


NOLAN