Lesotho: Court Suspends IEC Commissioners’ Appointments

THE recruitment of new Independent Electoral Commission (IEC) Commissioners has been halted by Chief Justice Sakoane Sakoane, who has temporarily interdicted the process pending a full hearing of a constitutional challenge next month.

This follows a Constitutional Court application filed last week by Attorney Tumisang Mosotho and human rights activist Tsikoane Peshoane, who argue that the recruitment process is riddled with constitutional defects. The two were recently disqualified from the race to become commissioners, prompting their urgent court bid last Wednesday.

On Monday, their legal team appeared before the Chief Justice to argue urgency. After hearing all sides, Justice Sakoane agreed–ruling that the matter warranted immediate judicial intervention.

The applicants argue that the recruitment exercise is marred by constitutional irregularities, particularly regarding the “peculiar manner” in which an employment consulting firm was procured. They are challenging both the correctness and constitutionality of the process that led to recommendations for the appointment of new commissioners.

They further seek a ruling on whether an active public servant, as defined under Section 154 (3) of the Constitution, is eligible for consideration as an IEC commissioner.

Additionally, they want an interim order interdicting, prohibiting, and restraining the Council of State and the King from convening any meeting to select IEC commissioners until the substantive case is finalised.

Adv Mosotho and Mr Peshoane also want access to the digital interview recordings, the interviewing criteria, the questions asked of each candidate, and the authentic evaluation report for all shortlisted and interviewed candidates.

The IEC, Workplace Solutions, John Maphephe, Fako Likoti, Retšelisitsoe Mohale, ‘Mamatlere Matete, Monyane Chelete, the Council of State, and the Secretariat of the Forum of Political Parties are cited as first to ninth respondents respectively.

Advocate Christopher Lephuthing, for the applicants, urged the court to treat the matter as urgent, stressing that the recruitment process is due to conclude next month. He argued that allowing the process to continue would severely prejudice his clients.

“My Lord, we are saying the processes which have led to the recommendations of commissioners have some flaws, and we are saying such issues need the urgent attention of the court. The point we make here is that there are certain names which have been recommended for the approval of the Council of State, for those people to be appointed formally as commissioners of IEC.

“And, my Lord, we are saying, with the greatest respect, that the processes which have led to the recommendations had some flaws at the constitutional and administrative levels. We would wish the honourable court to be persuaded that such issues require your urgent attention, my Lord.

“Such issues, not only do they affect the parties whose names have been forwarded for the Council of State to appoint… we are merely saying that the process of recruitment and appointment comes to an end next month. So that, come end of next month, new commissioners should be in place–meaning my client would suffer the greatest prejudice,” argued Adv Lephuthing.

Opposing urgency, Adv Letsie Moshoeshoe, for the government, insisted that the mere fact that current commissioners vacate office next month does not justify urgency.

“My Lord, the fact that the commissioners will be vacating the offices in December does not warrant the matter to be called expeditiously on that basis alone. The court will observe that on 15 October was when Peshoane was informed of his fate regarding the position.

“This matter should be attended to expeditiously, but not as a matter of urgency, my Lord. So you cannot grant the interim orders,” submitted Adv Moshoeshoe.

However, Attorney Letsika–representing Workplace Solutions and the Secretariat of the Forum of Political Parties–took a different view, agreeing that urgency was justified.

“Because of the national importance of this matter to the integrity of the IEC, I would accept that we should proceed on an urgent basis…” said Mr Letsika.

After hearing all parties, Justice Sakoane ruled the matter urgent and set the hearing for 1 December 2025.

He further interdicted the IEC from convening or holding any meetings aimed at advising His Majesty the King on the selection or appointment of commissioners, and from proceeding with the appointment of the Chairman and Commissioners, pending the finalisation of the case.

By Lesotho Times.