Lesotho Case Law

Democratic Congress v Independant Electoral Commission & (C OF A (CIV) 25/2023)

Democratic Congress v Independant Electoral Commission & (C OF A (CIV) 25/2023) [2023] LSCA 13 (17 November 2023)

Court

Court of Appeal

Case number

C OF A (CIV) 25/2023

The Court of Appeal upheld the recalculation of proportional representation seats after Lesotho’s 2022 election, dismissing Democratic Congress’s appeal.

• Proportional representation
• Allocation of parliamentary seats
• Election petitions
• Interpretation of electoral statutes
• Electoral-law
• Proportional-representation

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Basotho Democratic National Party v Independant Electoral Commission (C of A (CIV) 49 of 2015)

Basotho Democratic National Party v Independant Electoral Commission (C of A (CIV) 49 of 2015) [2016] LSCA 8 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 49 of 2015

Section 126(6) is not peremptory and condonation for late service may be granted if no substantial prejudice is shown; oral evidence is not required where facts are not in dispute; the Independent Electoral Commission correctly excluded votes for independent candidates who did not submit party lists in calculating the quota for proportional representation seats.

Source excerpt

• Election petitions
• Statutory interpretation
• Proportional representation
• Time limits for service
• Oral evidence in petitions

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Motaung and Others v Director of Elections and Others (CIV/APN/254/98; CIV/APN/266/98; CIV/APN/271/98; CIV/APN/353/98)

Motaung and Others v Director of Elections and Others (CIV/APN/254/98; CIV/APN/266/98; CIV/APN/271/98; CIV/APN/353/98) [1998] LSCA 96 (21 September 1998)

Court

Court of Appeal

Case number

CIV/APN/254/98 ; CIV/APN/266/98 ; CIV/APN/271/98 ; CIV/APN/353/98

The court dismissed an application for a declaration that election petitions had lapsed, holding that the statutory time provision was directory and not fatal on non-compliance.

• Election petitions
• Declaratory relief
• Statutory interpretation
• Election-petitions
• Declaratory-relief
• Statutory-interpretation

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Khoachele and Others v Attorney General and Another (CIV/APN 237 of 96)

Khoachele and Others v Attorney General and Another (CIV/APN 237 of 96) [1996] LSHC 106 (25 October 1996)

Court

High Court

Case number

CIV/APN 237 of 96

The petitions were dismissed because the application was procedurally irregular, the petitioners failed to substantiate their allegations or show that the alleged misconduct affected the election result, and the offences alleged did not amount to grounds for voiding the election under the relevant regulations.

Source excerpt

• Municipal elections
• Election petitions
• Procedural compliance
• Disqualification of candidates

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Sekhonyana and Others v Attorney-General and Others (CIV/APN 181 of 96)

Sekhonyana and Others v Attorney-General and Others (CIV/APN 181 of 96) [1996] LSHC 84 (30 August 1996)

Court

High Court

Case number

CIV/APN 181 of 96

The court dismissed a review of taxed election-petition costs for failure to comply with Rule 49(1) and for not seeking condonation.

• Review of taxation
• Costs
• Election petitions
• Review-of-taxation
• Election-petitions
• Civil-procedure

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