IEC will not entertain late complaint over ruling party candidates

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Lesotho’s Independent Electoral Commission (IEC) on Thursday dismissed a complaint by the Revolution for Prosperity party that the ruling Democratic Congress had fielded ineligible candidates for the 7 October elections.

On Wednesday, Revolution for Prosperity complained to the IEC saying 10 Democratic Congress candidates would be contesting the elections contrary to section 154 of Lesotho’s constitution.

According to the party’s lawyer, Rethabile Setlojoane, the 10 candidates “are public servants”.

Setlojoane aked the IEC to investigate whether the candidates were eligible or not. 

“Failure to abide by this letter will leave our client with no option but to approach the high court on an urgent basis,” the lawyer said in a statement.

However, the electoral body on Thursday said it did not have jurisdiction to deal with the complaint.

The IEC’s public relations manager Tuoe Hantši said the complaint was time-barred, meaning that the time permitted to bring forward the complaint had passed and it was no longer possible to pursue the case.

Political analyst Motlamelle Kapa said the IEC had done the right thing by dismissing the complaint and indicated that the judges would make a determination if the matter ended up in court.

“This will not affect the elections because the complaint was late. However, I want to highlight the incompetence of Basotho who nominate people who do not qualify to be candidates,” he said.

According to the IEC timetable for the election period, complaints about candidates were allowed from August 29 to September 5.  

Kapa Tšitso Cheba, Democratic Congress’s secretary general and candidate for Makhoroana constituency, said the Revolution for Prosperity’s complaint was aimed at ensuring the Democratic Congress was not represented in as many constituencies.

“We wrote to the IEC to find out if they have received the complaint or it was just circulating on social media. We also wanted IEC to pronounce on the complaint since, according to the statutory timetable for the elections, complaints were allowed to be lodged from 29 August to 5 September, but they have not responded until now,” Cheba said.

Cheba insisted that their candidates were eligible to stand for elections.

Revolution for Prosperity spokesperson Mokhethi Shelile said his party was aware that its complaint was late but that was not going to stop them from trying. He said the matter only came to their attention late, hence the late submission to the IEC. 

He would not be drawn into disclosing the steps they would take going forward. 

“We have also found out about other candidates, which increases the list we already have, and for that reason we will not back down,” Shelile said.

This story is brought to you by a collaboration between the Mail & Guardian and Newsday Lesotho.

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