Lesotho has been thrown into a moment of constitutional significance after the High Court, sitting as a Constitutional Panel, dismissed the application brought by Tumisang Mosotho and Peshaoane Tsikoane in a matter that had effectively frozen the work of the Council of State and stalled the appointment of new Independent Electoral Commission commissioners.
The ruling, delivered on 5 December 2025 by Chief Justice Sakoane Sakoane, Justice Mathaba and Madam Justice Shale, dismissed the application in its entirety and issued no order as to costs. This ruling immediately raises far reaching questions about the legality of decisions taken by the outgoing IEC commissioners, who have continued to perform official duties despite their tenure having expired on 1 December 2025.
For several weeks the Council of State halted the appointment of new commissioners precisely because of this pending litigation. The court’s dismissal now removes the only remaining barrier.
The implications are profound. Lesotho may now be dealing with a situation where the IEC has been operating without lawful authority since the start of December. Every action taken from that date, including the management of political parties, procurement processes, political parties de registration and statutory obligations, may be open to legal challenge and scrutiny.
The dismissal of the application also places the Council of State under immediate pressure to resume its constitutional mandate and appoint the new commissioners. For a country preparing for critical political and electoral transitions, the delay has already caused uncertainty within political parties and across state institutions.
There is growing concern that the outgoing commissioners may have acted ultra vires for several days. Legal experts warn that any decisions taken after their term expired cannot stand if tested in court. This could force a painful clean up process to restore the authority and credibility of the electoral body.
What makes this moment even more striking is that it arrives after months of public tension between political actors and the electoral authority. The IEC has faced complaints ranging from delayed processes to internal governance challenges. Now the court decision sharpens the focus on accountability, transparency and constitutional compliance.
The Registrar, ‘Makatiso Mapetja, issued the formal order, confirming that the court found no merit in the application.
The ball now firmly sits in the hands of the Council of State. Basotho will be watching closely to see if the appointments are made without further hesitation and whether government will take steps to address the possible illegality of the IEC’s actions since 1 December.
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