Maseru
Lesotho’s political leadership has been called to immediate action following a formal communication from the Government Secretary, Mrs. Teboho ‘Malisebo’ Mokela, regarding the commencement of the appointment process for members of the Independent Electoral Commission (IEC), including its Chairperson.
Acting on the directive of the Council of State at its sitting on 10th July 2025, His Majesty the King—through the Council as the appointing authority—has instructed that consultations among registered political parties begin without delay, in accordance with the Constitution of Lesotho.
This process, which is both constitutionally binding and time-sensitive, is intended to ensure the smooth transition and potential reappointment of IEC leadership ahead of key electoral activities expected in the coming years.
Legal Framework Governing the Process
The letter cites Section 66 of the Constitution of Lesotho, as amended by both the Fourth and Fifth Amendments, as the legal foundation for this appointment process. Specifically, Section 66(a)(4)mandates that:
“For the purpose of enabling the Council of State to select the names of persons to be submitted to the King… the Council shall request all registered political parties… to jointly propose to the Council within a period of thirty days… a list of not less than five names.”
This provision compels political parties to cooperate in crafting a shortlist of qualified nominees from which the Council will ultimately recommend appointments to His Majesty. It is a rare exercise in cross-party consensus, enshrined in law to protect the independence and legitimacy of the electoral body.
In addition, Section 66(7) (as amended by Act No. 8 of 2004) limits the term of any Electoral Commission member to a maximum of two five-year terms, reinforcing the principle of renewal while allowing for continuity where merited.
All Three Current Members Seek Reappointment
Accompanying the letter are notices from all three incumbent IEC Commissioners, including the current Chairperson, expressing their desire for further engagement with the Commission. The Commissioners have served their initial five-year terms and are now seeking reappointment in line with the provisions of the Constitution.
While the law allows for a second term, it is ultimately within the prerogative of the Council of State, acting on nominations submitted by political parties—to determine whether incumbents will be retained or replaced.
This element introduces both an opportunity and a challenge for political leaders: to carefully weigh experience against the need for reform, and to prioritize institutional independence and competence over political loyalty.
Strict Deadline: End of August 2025
Political parties are now racing against a strict constitutional clock. According to the Government Secretary’s letter, all responses and proposed nominees must be submitted no later than the end of August 2025.
“Please be advised that we are operating within strict legal time frames,” reads the letter. “As such, you are requested to treat this matter with the utmost urgency it requires.”
The Council’s timeline leaves political actors just weeks to consult internally, agree collectively, and submit names in accordance with an agreed procedure. Given Lesotho’s history of political fragmentation, this process will test the maturity and resolve of party leaders to act in the national interest.
Significance for Electoral Democracy
This appointment process could not come at a more critical time. The IEC remains one of the cornerstones of Lesotho’s democratic architecture, charged with managing elections, enforcing electoral law, and ensuring that the will of the people is respected and protected.
Failures in the Commission’s leadership—real or perceived—can have far-reaching consequences, including voter apathy, political instability, and post-election disputes.
By requiring that political parties jointly nominate at least five names, the Constitution intends to safeguard the impartiality of the IEC while ensuring that its leadership reflects broad-based confidence.
This constitutional mechanism, if executed faithfully, can serve as a model of democratic cooperationand a check against the politicisation of independent institutions.
A Call to Political Leadership
The Council of State’s instruction is more than a procedural step—it is a test of statesmanship. Political parties must now demonstrate their commitment to democratic consolidation by participating in this process with transparency, urgency, and integrity.
The country—and its constitutional democracy—demands nothing less.
Editor’s Note:
This story will be closely monitored for developments regarding the submission of nominations and reactions from political stakeholders. For more updates on Lesotho’s governance and legal reforms, follow our website on Political Affairs.
