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IEC Forced to Act on MPs Holding South African Citizenship

A Maseru resident has formally petitioned the Independent Electoral Commission of Lesotho (IEC), raising constitutional concerns over the eligibility of certain Members of Parliament who are alleged to hold dual citizenship or maintain allegiance to a foreign state.

In a letter dated 30 January 2026 and addressed to the IEC, Mr Kamohelo John Mosothoane cites Section 59 of the Constitution of Lesotho (1993), as revised in 2011, arguing that the provision clearly disqualifies individuals who acknowledge allegiance, obedience or adherence to a foreign power from being nominated or elected to Parliament.

Section 59, which deals with disqualifications for membership of Parliament, states in part that no person shall be qualified to be nominated as a Senator or elected as a Member of the National Assembly if, at the time of nomination, that person is under any acknowledgment of allegiance to a foreign power or state.

Mosothoane contends that despite this constitutional safeguard, the IEC has over time allowed individuals to participate in parliamentary processes while allegedly holding dual citizenship or maintaining formal legal commitments to foreign governments, particularly the Republic of South Africa.

“Dual citizenship and the associated legal obligations to a foreign government appear to be inconsistent with the requirements set out in Section 59 of the Constitution,” he states in the letter.

He further questions how such individuals were cleared during nomination and election stages, and whether constitutional requirements were fully enforced.

Of particular concern in the petition is the leader of a registered political party identified as SR. According to Mosothoane, the party leader has publicly advocated for Lesotho to join the Republic of South Africa, a position he argues may amount to an acknowledgment of allegiance or adherence to a foreign state.

He also raises concerns that the party’s current political agenda appears materially different from the principles and objectives under which it was initially registered, potentially raising questions about adherence to constitutional obligations, including loyalty to the King and the State.

Mosothoane argues that public declarations in favour of Lesotho joining South Africa, if accurately reported, may reasonably be interpreted as conflicting with the constitutional requirement of undivided allegiance to the Kingdom of Lesotho.

In light of these concerns, he calls on the IEC to establish an independent and credible mechanism to investigate the eligibility of Members of Parliament with alleged foreign allegiances or dual citizenship. He further urges the Commission to verify compliance with Section 59 among all affected individuals and to take appropriate lawful measures should any violations be established.

“The Constitution is the supreme law of the Kingdom of Lesotho, and its consistent enforcement is essential to safeguarding national sovereignty, democratic integrity, and public trust in state institutions,” the letter states.

At the time of publication, the IEC had not yet issued a public response to the petition.

The matter raises broader constitutional questions about dual citizenship, political advocacy, and the limits of free political expression within a sovereign constitutional monarchy. Legal experts note that any determination on eligibility would likely require careful interpretation of Section 59 and, if contested, could ultimately be subject to judicial review.

The development is expected to spark debate in political and legal circles, particularly as questions of national identity, sovereignty, and regional integration continue to feature in public discourse.

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