Lesotho is currently without a legally constituted Independent Electoral Commission (IEC), a situation that has triggered a formal constitutional petition warning of a deepening breach of the Constitution and a looming threat to electoral democracy.
In a petition dated 12 January 2026 and submitted to the Council of State, the Basotho National Party (BNP), through its leader and Member of Parliament Machesetsa Gabriel Mofomobe, argues that the complete absence of IEC commissioners since November 2025 is unlawful, indefensible, and constitutionally impermissible .
According to the petition, the terms of office of all IEC commissioners expired in November last year, leaving the country with no Chairperson and no members of the Commission. The document stresses that this is not a technical vacancy or a partial lapse, but a total institutional vacuum that strikes at the heart of constitutional governance.
At the centre of the argument is the Constitution’s explicit requirement that the IEC must exist continuously. The petition cites the constitutional provision stating that “there shall continue to be an Independent Electoral Commission consisting of a Chairman and two members,” emphasising that the wording is peremptory and allows for no discretion or delay .
The BNP contends that the Constitution was deliberately designed to prevent precisely the situation now facing the country. It points to provisions allowing for acting appointments where a Chairperson or member is unable to perform their functions, underscoring that the law anticipates vacancies but does not tolerate institutional collapse. In the party’s view, the complete absence of commissioners is therefore not an administrative oversight, but an ongoing constitutional violation .
The petition draws a stark comparison between the IEC and other foundational constitutional offices. Just as there can be no interregnum in the office of the King or a vacuum in the office of the Prime Minister, it argues, there can be no moment in which the Independent Electoral Commission does not exist as a constitutional body .
Beyond the legal breach, the document warns of serious practical and political consequences. Any electoral planning, preparation, or administrative activity undertaken without a lawful Commission would be illegal, it argues, exposing the State to urgent constitutional litigation. More broadly, the absence of the IEC risks eroding public confidence in the electoral system and undermining the legitimacy of any future elections .
Crucially, the petition rejects any notion that the IEC Secretariat or civil servants can fill the gap. Electoral authority, it stresses, is vested exclusively in the Commission as a constitutional institution and cannot lawfully be exercised in the absence of duly appointed commissioners .
The petition also places responsibility squarely on the Council of State, which is constitutionally mandated to advise His Majesty the King on appointments to the IEC. The BNP argues that the prolonged failure to act cannot be dismissed as administrative delay. Instead, it constitutes a failure of constitutional duty and risks rendering the Council of State complicit, by omission, in the persistence of an unlawful state of affairs .
In unusually direct language, the petition formally demands immediate remedial action. It calls on the Council of State to acknowledge on the record that the current situation is unconstitutional, to urgently finalise and transmit advice for the appointment of a Chairperson and two members, and to take all necessary steps to restore the IEC as a fully functional constitutional body .
The BNP further places the State on notice that failure to act will result in court action. The party reserves its right to seek declaratory orders, mandatory interdicts, and any further relief deemed just and equitable by the courts, should the constitutional breach persist .
The petition concludes with a stark warning. The Constitution, it says, is explicit and binding in its command that there shall continue to be an Independent Electoral Commission. The current absence of any commissioner is irreconcilable with that command and admits of no delay .
As of now, the Council of State has not publicly responded to the petition. With electoral credibility and constitutional supremacy at stake, the coming days may determine whether the matter is resolved through swift appointments or escalates into a full-blown constitutional confrontation.
