Signed agreement by political parties on the National Assembly Electoral Bill 2011

  • Country/entity
    Lesotho
  • Region
    Africa (excl MENA)
  • Agreement name
    Signed agreement by political parties on the National Assembly Electoral Bill 2011
  • Date
    9 Mar 2011
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Lesotho Crisis (1998) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Lesotho process
  • Parties
    11 political parties are signatories;
    Marematlou Freedom Party (MFP), signed by Vincent Moeketse Malebo
    Lesotho Workers Party (LWP), signed by Sello Maphalla
    Basotho Batho Democratic Party (BBDP), signed by Jeremane Ramathebane (signed twice)
    All Basotho Convention (ABC), signed by Tom Thabane
    Lesotho People's Congress (LPC), signed by Kelebone A Maspu
    Batotho National Party (BNP), signed by [Illegible]
    Popular Front for Democracy (PFPD), signed by Lekhetho Rakuoane
    Basotho Democratic National Party (BDNP), signed by Pelele A. Letsoela
    National independent, [illegible]
    Government of Lesotho, by Archibald [...Illegible...]
  • Third parties
    -
  • Description
    Agreement for the amendment of the Electoral Law. Notably emphasises ensuring proportionality in the National Assembly, fairness in campaign financing and the inclusion of women in party lists.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    12. Gender balance on party lists
    a. Article 47 (2b&c)

    13. Gender quota on the party list
    (Minority dissenting view in favour of one-third - BNP and BDNP, PFD)
    (ABC asks for time to consider)
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections
    Page 1,
    1. Proportionality through a Mixed Member Proportional electoral system is enshrined. (a) Article 104, Schedule 3, and Const. article 57(1)
    2. Pre-electoral alliances are precluded and candidates may not stand for two political parties. (a) Article 47 (4d), 7, 8
    i. N change to 47 (4d 7 and 8) needed.
    ii. add in ‘office bearers’ to 47 (8c)
    […] 4. For the purposes of Proportional Party List seat allocation independent candidates in constituencies shall be treated as if they were a political party.
    (a) Article 104 (3) i. Change required. New article 104 (3)
    “For the purposes of Proportional Party List seat allocation independent candidates in constituencies shall be treated as if they were a national political party. Independent candidates shall submit a single name on their party list.”
    […] 6. A deposit of M200 shall be paid for constituency candidates that are run. There will be a deposit o M8,000 for the party list candidates.
    a. Article 41 (2c) and 47 (4e)
    i. Change required. New article 41 (2c)
    “accompanied by the prescribed deposit of M200 paid in the prescribed manner.”
    Amend article 47 (4e) to show M8,000
    Page 2,
    7. One of the causes of the cancellation of the registration of a political party shall NOT be their failure to contest national assembly or by-elections.
    a. Article 27 (2a&b)
    i. Change required. Delete 27 (a&b) and renumber.
    […] 11. Who can petition the court on electoral issues?
    a. Article 126/127. A political party must have the capacity to petition the court on behalf of its candidates, if they have won seats or not.
    i. High Court must have jurisdiction on PR seats.
    […] 14. Voter Education
    a. Resources will be made available for a voter education campaign to make voters aware of the change in the MMP election system – i.e., each voter being given a single ballot rather than two ballots as in 2002-2007.
    15. Campaign Financing – Consolidated Fund (IEC)
    a. The UN, Government of Lesotho, Foreign missions and International Organisations will endeavour to increase the size of the Consolidated Fund, distributed by the IEC, and disbursed to contesting political parties.
  • Electoral commission
    Page 2
    15. Campaign Financing – Consolidated Fund (IEC)
    a. The UN, Government of Lesotho, Foreign missions and International Organisations will endeavour to increase the size of the Consolidated Fund, distributed by the IEC, and disbursed to contesting political parties.
  • Political parties reform
    Governance→Political parties reform→Other political parties reform
    Page 1,
    […] 4. For the purposes of Proportional Party List seat allocation independent candidates in constituencies shall be treated as if they were a political party.
    (b) Article 104 (3) i. Change required. New article 104 (3)
    “For the purposes of Proportional Party List seat allocation independent candidates in constituencies shall be treated as if they were a national political party. Independent candidates shall submit a single name on their party list.”
    5. There shall be no threshold of candidates to be run in the constituencies for a party to be eligible for party list seat compensation.
    a. Article 47 (1a)
    i. Change required. Remove 47 (1a) and renumber.
  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 1,
    2. Pre-electoral alliances are precluded and candidates may not stand for two political parties. (a) Article 47 (4d), 7, 8
    i. N change to 47 (4d 7 and 8) needed.
    ii. add in ‘office bearers’ to 47 (8c)

Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    UN Peacemaker [peacemaker.un.org]

Agreement Among Lesotho Political Parties Regarding the Electoral Law Bill

Agreements 9 March 2011

UN House, Maseru...Lesotho

1. Proportionality through a Mixed Member Proportional electoral System is enshrined

a. Article.

104, Schedule.3, and Const.

Article 57(1)

i. no change to bill needed.

2. Pre-electoral alliances are precluded and candidates may not stand for two political parties,

a. Article 477(4d), 7, 8

i. No change to 47 (4d 7 and 7) needed

ii. Add in 'office bearers' to 47(8c)

3. A single vote shall be introduced, counted once in constituencies and counted once for the purposes of the Proportional Party List seat allocation.

(a) Articles 55, 104, Schedule 1 (form 5)

i. No change to bill needed

(minority dissenting view in favour of Two Votes acknowledged - BNP and BDNP)

4. For the purposes of Proportional Party List seat allocation independent candidates in constituencies shall be treated as if they were a political party.

(a) Article 104 (3)

i. Change required.

New article 104 (3)

“For the purposes of Proportional Party List seat allocation independent candidates in constituencies shall be treated as if they were a national political party.

Independent candidates shall submit a single name on their party list.”

5. There shall be no threshold of candidates to be run in the constituencies for a party to be eligible for party list seat compensation.

a. Article 47 (1a)

i. Change required.

Remove 47 (1a) and renumber.

6. A deposit of M200 shall be paid for constituency candidates that are run.

There will be a deposit o M8,000 for the party list candidates.

a. Article 41 (2c) and 47 (4e)

i. Change required.

New article 41 (2c)

“accompanied by the prescribed deposit of M200 paid in the prescribed manner.”

Amend article 47 (4e) to show M8,000

7. One of the causes of the cancellation of the registration of a political party shall NOT be their failure to contest national assembly or by-elections.

a. Article 27 (2a&b)

i. Change required.

Delete 27 (a&b) and renumber.

8. Oath of Office not Secrecy

a. Article 53 (2) wording to be corrected

9. Consulting on recruitment of IEC staff to be done with PSC

a. Article 114 (1) Remove "ministers of Public Service and finance"

10. Article 64 (2).

This will be repeated in code of conduct

11. Who can petition the court on electoral issues?

a. Article 126/127.

A political party must have the capacity to petition the court on behalf of its candidates, if they have won seats or not.

i. High Court must have jurisdiction on PR seats.

12. Gender balance on party lists

a. Article 47 (2b&c)

12. Gender quota on the party list

(Minority dissenting view in favour of one-third- BNP and BDNP, PFD)

(ABC asks form time to consider)

Related issues

14. Voter Education

a. Resources will be made available for a voter education campaign to make voters aware of the change in the MMP election system – i.e., each voter being given a single ballot rather than two ballots as in 2002-2007.

15. Campaign Financing – Consolidated Fund (IEC)

a. The UN, Government of Lesotho, Foreign missions and International Organisations will endeavour to increase the size of the Consolidated Fund, distributed by the IEC, and disbursed to contesting political parties.

16. All those present agree that the IEC's independence should be strengthened.

-Ends-

Those present hereby affirm their support - March 9, 2011.

11 political parties are signatories;

Marematlou Freedom Party (MFP), signed by Vincent Moeketse Malebo

Lesotho Workers Party (LWP), signed by Sello Maphalla

Basotho Batho Democratic Party (BBDP), signed by Jeremane Ramathebane (signed twice)

All Basotho Convention (ABC), signed by Tom Thabane

Lesotho People's Congress (LPC), signed by Kelebone A Maspu

Batotho National Party (BNP), signed by [Illegible]

Popular Front for Democracy (PFPD), signed by Lekhetho Rakuoane

Basotho Democratic National Party (BDNP), signed by Pelele A. Letsoela

National independent, [illegible]

Government of Lesotho, by Archibald [...Illegible...]