Southern Times - Sadc Electoral Observer Mission Preliminary Statement on Lesotho

Your Excellencies Ambassadors and High Commissioners of SADC Member States to Lesotho

Your Excellencies Members of the Diplomatic Corps

Esteemed Leaders of the Political Parties

Esteemed Members of different Observer Missions

Esteemed Members of the Media

Distinguished Invited Guests

Ladies and Gentlemen

At the invitation by the Government of the Kingdom of Lesotho to the Southern African Development Community (SADC), the SADC Electoral Observer Mission observed the General Elections of the Kingdom of Lesotho from 05 February to 17th of February 2007.

As provided for in the SADC Principles and Guidelines Governing Democratic Elections, it is my singular honour and privilege to seize this opportunity to announce to this distinguished gathering, SADC's preliminary views on the outcome of its observation mission. I should particularly point out that this Preliminary Statement does not carry the full details of the outcome of the elections as the detailed account of the observation shall be released within the next 30 (thirty) days to the Chairperson of the Organ.

This was a Snap Election, the first of its kind in the history of the Kingdom of Lesotho and indeed in the entire SADC region. A question has been raised as to whether the calling of this Snap Election was legal and necessary.

It is our humble opinion that the King's decision to dissolve Parliament on 24th November 2006 and the consequential action of calling a Snap Election was both legal and necessary. Legal because the Constitution of the Kingdom of Lesotho empowers His Majesty the King with such powers; and necessary because the split of the Ruling Party, The Lesotho Congress for Democracy (LCD), left it with a dysfunctional majority in Parliament hence rendering it immensely incapacitated. Under such circumstances, it is our opinion that His majesty the King had no other option to avert a political crisis, than the dissolution of Parliament that resulted in the Snap Election.

After the announcement of the Snap Election, all the Stakeholders had to abide by the terms of the Constitution which demand the electoral process to begin and end within a period of ninety (90) days. This was the biggest challenge and test to the Lesotho Electoral Machinery, especially the Independent Electoral Commission (IEC), Political Parties, Voters, Development Partners and all other institutions involved in the electoral process.

As to whether the people of Lesotho and their Electoral Machinery have passed or failed this Constitutional challenge, well, that is an issue of interest to different Observer Missions to comment on.

Following the calling of a Snap Election, a very widely representative Political Stakeholder Group of the Basotho people participated in a Consultative Forum with the of SADC. SADC Ministerial Troika of the Organ on Politics, Defence and Security Cooperation, from 05 - 06 January 2007, during which the preparations for these elections were discussed. The SADC Ministerial Troika of the Organ on Politics, Defence and Security Cooperation, in an effort to assist the preparations for these elections was implementing a mandate ascribed to it by the Strategic Indicative Plan of the Organ (SIPO). The pre-election consultation was aimed at forging a unity of purpose for the people of Lesotho in their match towards a very critical event in the history of their country.

That Ministerial Troika Mission was complemented not only by the Organ Assessment visits, but also by the many other earlier working visits of the Executive Secretary of SADC to Lesotho. All these SADC missions were aimed at observing and evaluating Lesotho's level of preparedness0 for the Snap Elections and to encourage the people to stay steadfast placing the interests of the nation above personal considerations.

The SADC Electoral Observer Mission (SEOM) was officially launched on 05 February 2007 upon my arrival as the leader of the Mission, and of the SADC Executive Secretary. The activities of the Mission across the country were coordinated at the Operations Centre staffed by Officials from the Office of the Chairperson of the Organ on Politics, Defence and Security Cooperation and professionals from the SADC Secretariat.

The formal SADC Observer Mission was also preceded by the traditional SADC Advance Team constituted by the Diplomatic Missions of SADC Member States , which in this case is the South Africa High Commission, accredited to the Kingdom of Lesotho, which laid the foundation for the formal and institutional Electoral Observer Mission. The SADC Observer Mission had a total of forty two (42) members coming from Angola, Botswana, Namibia, Mozambique, United Republic of Tanzania, Mauritius, South Africa and Zimbabwe.

Guided by the SADC Principles and Guidelines as its terms of reference, SADC observers were deployed throughout the length and breadth of Lesotho to observe the elections. Field teams were deployed to observe elections in all the ten Districts in the country. These field teams had responsibilities to cover their areas of deployment so that the mission could emerge with a rounded picture of the whole country and be in a position to give an informed assessment of the elections based on eye witnessing.

Our Mission, in a period of two (2) weeks, traveled extensively in the rural and urban areas attending meetings and political rallies organized by political parties and their candidates. In general, it is our observation that the pre-election phase was made conducive for the election and people were ready to freely give their verdict on the 17 February 2007.

In the discharge of its duties, the SADC Mission interacted with political party leaders, candidates and heads of those structures set up to manage the elections. The SADC Mission operated in teams that visited different places and interest groups. To this end, I as the Head of the SADC Mission was engaged in an intensive programme that included traveling to constituencies and holding consultations with leaders of political parties and candidates, party supporters, as well as consulting with other international and national observers, and, attending rallies of different contesting parties.

As the Head of Mission, I met with different organizations that were directly participants in the preparations of the Lesotho polls: the Minister of Foreign Affairs, Officials in the Ministry of Defence, The Commissioner of Police, South Africa High Commissioner, African Union Head of Mission, the Head of French Consulate, the Head of the German Consulate, Commonwealth Mission Representative, EISA Head of Mission; US Ambassador, MFP Party Leader, ABC Party Leader, NDI Head of Mission, LCD Party Leader, UNDP Representative, European Union Representative and Chinese Ambassador. These interactions helped the Mission gain an insight into the political environment and compared notes with other Missions on the various aspects of the electoral process.

Besides this schedule of interacting with politicians and other observer missions, as Head of Mission, I also had time to visit polling stations as well as witness the voting and counting of votes in some polling stations. Whilst trying to respond to public concerns, as Head of Mission, I also interacted extensively with the Independent Electoral Commission, Civil Society Organizations, local Opinion-Makers and members of the Media including the Media Monitoring Panel. These interactions also helped forge a spirit of common purpose amongst the Basotho people and made them realize the need to strive for a common developmental agenda for Lesotho.

SADC was humbled by the level of cooperation that was extended to the Mission by the people of Lesotho and all the other Stakeholders and would like to thank all those who, in one way or another, have been of assistance to our members of the Mission.

The Mission also noted that Candidates were able to travel unhindered and covered most parts of the country and meet the voters to put across their party manifestoes. In view of the aforesaid, it is the opinion of the SADC Mission that, in general the pre-election phase was characterized by peace, tolerance and political vigor of the Party Leaders, Party Supporters and candidates. A few shortcomings that were observed reflected the novelty of a free multiparty democracy in a country that is on the development road, and these cannot overshadow the orderly manner in which thousands of party followers behaved.

The Electoral Authorities of Lesotho displayed not only a professional discharge of duty, but also a high sense of gender equity and youth representation in the election process. These efforts deserve our commendation and Lesotho should be encouraged to stay steadfast on this path.

With regard to the polling process, it is SADC's overall view that the Independent Electoral Commission, Ministry of Home Affairs, Ministry of Defence, Civil Society Organizations, Non-governmental Organizations, Traditional Leaders, Local Authorities, Opposition Political Parties, the General Public who were drafted into the preparatory process, and many other External Stakeholders including Development Partners, assisted Lesotho to conduct this election in an open, transparent and professional manner. All are hereby commended for work well done.

On the polling day most polling stations opened and closed at the prescribed times and our Mission was impressed by the orderliness, calmness and patience of voters, who we believe, were able to express their franchise peacefully, freely and unhindered. The picture that emerged at the close of polling on election day, was that of a peaceful event. The law enforcement agencies and election officials performed their duties judiciously. It was heartening to observe police officers helping elderly women and men, physically disadvantaged people, expecting mothers and women with young babies to reach polling stations. The electoral officials were ready to provide explanations to the needy and to those seeking guidance to exercise their right. The above deeds and behaviour are in line with SADC Principles and Guidelines Governing Democratic Elections in the region.

The vote counting process was conducted orderly and lawfully. It is worth noting that all Stakeholders from Party Agents, Monitors, Presiding Officers and Local Observers performed their duty as prescribed by the Electoral Law.

However, the SADC Observer Mission noted with concern a number of shortcomings:

l Some voters reported at polling stations with their registration cards but their names were missing on the voters' roll. The Mission noted that some of those whose names where missing on the voter list but had registration cards eventually did vote through the facilitation of IEC officials stationed at the District level to respond to such problems. However, there were some few individuals whose problems eluded solutions and did not in the end manage to vote. The Mission wishes to invite the People of Lesotho to come together as a nation and deliberate on this issue of voter registration and ID cards so that a nationally acceptable solution can be worked out for future elections.

l On "Equal access to the Public Media", The Mission noted that at the beginning of the campaigns, airtime especially in the Public Media, was not equally allocated to different political parties until when the Media Monitoring Panel was created. This Panel to our opinion, has done a commendable job to coordinate and regulate the Media to give different political parties, equal access to National Radio and Television. This arrangement we suggest, should be formalized for future elections.

l On "Party Funding for Electoral Processes", The Mission received numerous complains on this issues and implores the Basotho people to discuss this matter and reach a consensus on the way forward. The Electoral Law of Lesotho should give clear guidance on how this matter should always be managed.

l The Mission found that at times there were inconsistencies between directives and decisions made by the Headquarters of IEC and their Officers at District and Constituency levels. This situation created confusion and unnecessary misunderstandings. This problem in our view was the result of a weak communication machinery between the high echelons of the IEC and its

To Page B2

lower organs. Hence we suggest that the IEC strengthen its communication machinery with its lower organs, and with other stakeholders including Leaders of Political Parties at National and District levels.

" On election day, our Mission observed that some polling stations especially those situated in difficult terrain up in the mountains, voting started as late as noon due to late delivery of election materials by helicopters. Inspite of these delays, we noted the great patience of voters who calmly stayed in long queues waiting for their turn to vote. It is our humble suggestion to Lesotho Election Authorities to put in place a reliable mechanism to minimize such inconveniences to the voters.

Inspite of these shortcomings, it is our opinion that the Mission can on behalf of SADC and, indeed, on my own behalf, confidently say Congratulations to the people of Lesotho following the holding of a credible, peaceful and transparent election. The people of Lesotho have expressed their will in an impressively instructive manner that will go a long way in contributing to the consolidation of democracy and political stability not only in Lesotho but in the SADC region, in Africa and the World as whole. SADC wishes therefore, to commend the people of Lesotho for the high levels of political tolerance, accommodation and maturity displayed throughout the whole electoral process. Notwithstanding the mammoth logistical challenges this activity bears on the economy of this country, the Independent Electoral Commission (IEC), charged with the election management responsibilities, has demonstrated, professionalism, resilience and perseverance in organizing this Snap Election. This, in SADC's view, bodes well for nurturing a tolerant multipartyism, as an essential building block for democracy that we all strive to achieve as a region.

In the course of observing the Lesotho Elections, our Mission observed some best democratic practices in the Lesotho electoral system that we have the honour to highlight as follows:

1. High levels of political maturity demonstrated by leaders of Political Parties and voters;;

2. A peaceful atmosphere in which supporters of different parties conducted their activities unhindered;

3. The use of translucent ballot boxes and the presence of party agents at all polling stations in line with SADC Principles and Guidelines Governing Democratic elections, ensured a transparent voting process;

4. The use of local and official languages in the management of the electoral process enabled the voters to make informed decisions;

5. Prisoners in different Prisons were given their Constitutional right to vote. This right is denied to Prisoners in many other SADC Member States;

6. That police were ready to deal with disruptive and unlawfully behaving members of the public regardless of their political party affiliation;

7. That the media, particularly after the timely creation of the Media Monitoring Panel and its subsequent positive interventions, managed to give media coverage and opportunity to all candidates in order to allow a leveled access to the electorate;

8. Statements made by Leaders of top contending Political Parties urging their supporters to accept the election results and not to resort to post election violence;

9. The Mixed Member Proportional (MMP) electoral model designed and practiced in the Kingdom of Lesotho is one of the best practices in the SADC region, since the model is both accommodative and inclusive. We hence suggest to the Lesotho Political leaders to put a legal protection to the model; left unprotected the model will soon be assassinated and sacrificed at the alter-of personal political ambitions. On the same vein, we call upon other SADC Member States to embrace the Lesotho MMP model to ease political tensions in the region.

It is SADC's greatest hope, that the spirit of co-operation, political tolerance and the responsible role that political parties have within the Lesotho Political spectrum which has prevailed so far, will continue to thrive amongst all parties and role-players in the post election phase as part of reenergizing the momentum for nation building stability and reconciliation.

Once again, the SADC Mission congratulates the people of the Kingdom of Lesotho, for the peaceful, transparent, credible, and well-managed elections that reflects the will of the people. In line with the SADC Principles and Guidelines, the SADC Mission would like to again urge all political parties and candidates to accept election results and respect the will of the people and, any complaint should be pursued with the Electoral Court in line with the Constitution of the Kingdom.

We would like to reiterate SADC's commitment to continue supporting the people of the Kingdom of Lesotho in their continuous effort to build peace and stability, national reconciliation, and socio-economic development. With God's blessings, let lasting peace, security, fraternity, and economic prosperity prevail now and in the future, of the Kingdom of Lesotho.

I THANK YOU FOR YOUR KIND ATTENTION.

18 February 2007

###END###