MASERU — The political party Yearn for Economic Sustainability (YES) has formally petitioned the Council of State to proceed without further delay in advising His Majesty King Letsie III on the appointment of three commissioners to the Independent Electoral Commission (IEC), warning that the continued inaction has no legal basis and risks undermining constitutional governance.
In a letter dated 23 December 2025, addressed to the Senior Private Secretary of the Council of State, YES argues that all constitutional requirements for the appointment process have already been met and that there is currently no lawful impediment preventing the Council from discharging its advisory role under Section 66(4) of the Constitution of Lesotho.
According to the party, the Forum of Political Parties lawfully submitted a list of five nominees to the Council of State on 30 October 2025, from which three commissioners are to be appointed by the King acting on the advice of the Council, as prescribed by the Constitution.
YES further notes that recent litigation brought by Tumisang Mosotho and Peshoane Tsikoane challenging aspects of the process was dismissed by the High Court of Lesotho, and crucially, that no application for a stay of execution or suspension of the judgment was filed thereafter.
“In law, this means there is currently no legal impediment, court order, or lawful restraint preventing the Council of State from proceeding,” the party states in its submission.
Warning of unconstitutional delay
The YES letter characterises any continued delay in the appointment of IEC commissioners as unconstitutional, arguing that holding the process in abeyance without a subsisting court order or statutory authority is inconsistent with the Constitution.
The party cautions that such delay risks setting a dangerous precedent where constitutional obligations are suspended indefinitely without judicial sanction, thereby weakening institutional accountability and public confidence in governance structures.
Local government elections at risk
The matter is described as one of national urgency, particularly in light of Lesotho’s trajectory toward local government elections in several electoral divisions where councils have lapsed.
According to YES, the absence of a fully constituted IEC directly frustrates the country’s ability to hold timely elections, depriving affected communities of representation, service delivery oversight, and democratic participation on an equal footing with other electoral divisions.
“The absence of commissioners at the IEC directly frustrates this constitutional and democratic obligation,” the letter reads.
Call for immediate action
YES emphasises that the Forum of Political Parties followed an agreed, transparent, and algorithmic method in submitting the list of nominees, and that any further delay not only prejudices democratic processes but also erodes public trust in constitutional institutions.
The party has therefore urged the Council of State to proceed without further delay and advise His Majesty to appoint the three IEC commissioners so that the Commission may function fully ahead of the forthcoming local government elections.
