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 
 
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Summary 
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¶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. 
 
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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