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DELIVERED BY HONOURABLE TASKA R. MBOGO, MISSION LEADER AND MEMBER OF PARLIAMENT OF THE NATIONAL ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA ON 13 AUGUST 2016 AT INTERCONTINENTAL HOTEL IN LUSAKA, ZAMBIA

 

SALUTATIONS

· Your Excellency Oldemiro Baloi, Head of the SADC Election Observer Mission and Minister of

Foreign Affairs and International Cooperation of Mozambique;

· Esteemed Heads of the African Union; Electoral Commissions Forum of SADC Countries (ECF- SADC); Common Market for Eastern and Southern Africa (COMESA); Commonwealth; Institute for Sustainable Democracy in Africa (EISA); Carter Center; International Conference on the Great Lakes Region and other International Election Observation Missions;

  • Chairperson and Commissioners of the Electoral Commission of Zambia (ECZ);
  • Members of the Diplomatic Corps;
  • Esteemed Leaders of Political Parties;
  • Representatives of Local Observers and Monitors;
  • Media Representatives;
  • Distinguished Guests;
  • Ladies and Gentlemen

I am honoured to present the SADC Parliamentary Forum Election Observation Mission Interim Statement on the 2016 Zambia General Elections and Referendum in my capacity as the Mission Leader.

1. INTRODUCTION

Following an invitation by the Government of the Republic of Zambia, the Southern African Development Community Parliamentary Forum (SADC PF),1 constituted an Election Observation Mission to observe the Zambia General Elections and Referendum, which were held on 11 August

2016. SADC PF constituted a 25-Member Mission, which has been in Zambia since 5 August to date. The Mission is composed of Members of Parliament and staff from SADC Parliaments as well as officials from SADC PF Secretariat.

This Election Observation Mission marks the fifth time that SADC PF has observed elections in Zambia and is the 40th Observation Mission to be deployed since 1999 when the SADC PF started observing elections in SADC Member States.

The purpose of this Interim Statement is to share with the Electoral Commission of Zambia and other stakeholders, the Mission's Findings and Recommendations, which are aimed at strengthening and improving the credibility, professionalism and integrity of electoral processes in Zambia and the entire SADC Region. Kindly note that a more detailed Final Report shall be compiled and published within 90 days from the date of this Interim Statement, and shall be formally presented to the Electoral Commission of Zambia. Stakeholders will also have an opportunity to consider the Main Report at an All Stakeholders Workshop, which SADC PF will jointly organise with ECZ.

2. TERMS OF REFERENCE

The Mission's observation work was guided by its Terms of Reference that are premised on SADC PF's two election instruments, namely the Norms and Standards for Elections in the SADC Region and the Benchmarks for Assessing Democratic Elections in Southern Africa . Additionally, the Mission was guided by the revised SADC Principles and Guidelines Governing Democratic Elections and the African

1 The SADC Parliamentary Forum is a Regional inter-parliamentary forum that was established in 1996 and was approved by the SADC Summit as a consultative and deliberative body in accordance with Article 9 (2) of the SADC Treaty. It is composed of 15 National Parliaments, namely Angola, Botswana, Democratic Republic of Congo (DRC), Lesotho, Malawi, Madagascar, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe

 

Charter on Democracy, Elections and Governance, among other regional and international election instruments.

3. DEPLOYMENT PLAN

The Mission's teams were deployed in three Provinces of Lusaka, Copperbelt and Southern Province.

4. OBSERVATION METHODOLOGY

The Mission Teams used an assortment of information gathering methods, which included review of the constitutional and legal framework governing elections and referenda in Zambia, consultations with key electoral stakeholders such as the ECZ, political parties and candidates, Civil Society Organisations, media and the general electorate. The Mission also observed political campaign rallies, witnessed door-to-door campaigns by political parties and candidates and monitored the mass and social media.

Furthermore, the Mission interacted with other Election Observation Missions including the SADC Election Observer Mission, the AU, COMESA, ECF-SADC, Carter Centre, EISA, the EU and the International Conference on the Great Lakes Region, in order to exchange information and observations.

5. GUIDING PRINCIPLES FOR THE SADC PF MISSION

In carrying out its observation work, the Mission was guided by the principles of impartiality, neutrality, comprehensiveness, transparency, inclusiveness and objectivity.

6. MISSION FINDINGS

6.1 Political Context and the Campaign Environment

The SADC PF Mission took note that Zambia has since 1991, conducted multi-party elections regularly and has witnessed peaceful transfer of power from one political party to another on several occasions. For the 2016 General Elections and Referendum, campaigning commenced on 16 May and lasted until

10 August. The campaigns took a variety of forms including rallies, road shows, door-to-door campaigns, advertisements in the mass and social media, still and electronic bill boards, TV debates, as well as the posting of campaign posters in various public places.

The Mission noted that the 2016 General Elections were highly competitive, especially between the two major parties, the Patriotic Front (PF) and the United Party for National Development (UPND). The Mission noted the concerns raised by political parties and other stakeholders regarding allegations of abuse of public resources by the ruling party, in particular the continuation of Ministers in office after the dissolution of Parliament. The Mission therefore, welcomes the ruling by the Constitutional Court on Monday 8 August 2016, ordering Ministers to vacate office, which settled the matter. .

The campaign environment was observed to be generally peaceful and this accorded Zambians the chance to enjoy various freedoms stipulated in the Constitution, such as freedoms of speech, expression, assembly, association and movement. However, the Mission was concerned with the sporadic incidents of politically motivated inter-party violence which occurred in some parts of the country during the pre-election period, which stakeholders blamed on PF and UPND. In this regard, the Mission commends the role played by political leaders, religious leaders, ECZ and other stakeholders in calling for peace and condemning violence which went a long way in calming the situation.

The Mission, therefore, calls upon all political parties and their supporters to desist from the use of violence for political ends and maintain the culture of peace and political tolerance that Zambians have always been known for.

6.2 The Constitutional and Legal Framework

The Mission took note of the constitutional and legal framework governing the General Elections and

Referenda in Zambia, in particular the following pieces of legislation:

i) The Constitution of Zambia of 1991, particularly Part III (Bill of Rights) and Article 79;

ii) The Constitution of Zambia (Amendment) Act of 2016;

iii) The Electoral Process Act No. 35 2016 which also contains the Electoral Code of Conduct in the SCHEDULE Section of the Act;

iv) The Electoral Commission Act No. 25 of 2016;

v) The Referendum Act of 1967 and the Referendum Amendment Act No 5 of 2015; and

vi) Various statutory instruments made to regulate the electoral process, such as the Electoral

(General) Regulations and the Electoral (Registration of Voters) Regulations.

The SADC PF Mission noted that following the recent amendments, the constitutional and legal framework in Zambia provides for two types of elections; the Majoritarian Electoral System for Presidential Elections; and the First Past the Post (FPTP) electoral model for Parliamentary, Mayoral and Local Government Elections.

The Mission also noted other key amendments to the law, which include the introduction of the Running Mate system; minimum educational requirement of Grade 12 or School Certificates for all aspirants for the President, MPs, Mayors/Council Chairpersons and Councillors; election of Mayor/Council Chairpersons by universal suffrage; designation of ECZ Chairperson as Returning Officer for Presidential Elections; transition of 7 days before swearing in of a President-Elect; 14 days for the Constitutional Court to make a determination on the petition of presidential election results; the introduction of the Constitutional Court; and prescribing of the Election Day. These various amendments align Zambia's legal framework with best electoral practices and are consistent with previous recommendations by the SADC PF Election Observation Missions.

The Constitution of Zambia guarantees fundamental rights and freedoms for citizens, which include freedom of conscience, expression, assembly, movement and association.

The SADC PF Mission is satisfied that the constitutional and legislative framework governing Elections and Referenda in Zambia augurs well for the election of political representatives in a transparent manner in line with the SADC PF's Benchmarks for Assessing Democratic Elections in Southern Africa and the revised SADC Principles and Guidelines Governing Democratic Elections.

6.3 The Electoral Commission of Zambia (ECZ) and Election Administration

The SADC PF Mission was satisfied with the legal framework on the establishment, organisation, functions and responsibilities of the Electoral Commission of Zambia, as the sole authority responsible for the conduct of elections in Zambia. In particular, the Mission hails the establishment of ECZ under the Constitution of the Republic as an autonomous and independent body. It also welcomes the role accorded to the National Assembly, as the representative body, to ratify the appointment of ECZ Chairperson and Commissioners by the President, which foster the Commission's credibility.

Regarding the ECZ's preparedness for the 2016 Zambia General Elections and Referendum, the Mission was satisfied that ECZ was manifestly prepared as evidenced by the printing of ballot papers and procurement of election materials on time. The Mission commends ECZ for involving all stakeholders throughout the entire process, including the printing and distribution of ballot papers and constantly updating the public on the Elections.

The Mission took note of the commitment by the ECZ to announce Election and Referendum results within 48 hours and its readiness to conduct the Second round of the Presidential Election, should it occur, within the legislated 37 days.

The Mission also lauds the ECZ for introducing the Results Transmission System to communicate results from each Constituency Totalling Centre to the National Results Centre and for allowing party agents to monitor the entire results management process, including the National Results Centre for the first time. This further enhances accuracy, transparency and credibility of the electoral processes and outcomes.

The ECZ also carried out Voter Education Programmes in conjunction with Civil Society Organisation and distributed voting materials to all the Districts in Zambia in accordance with the electoral calendar and kept stakeholders updated. The Mission also commends the Commission and its electoral staff for their professionalism and dedication to duty during the entire electoral process where they worked for long hours.

The Mission, however, is concerned by reports of disruption and interception of ECZ vehicles distributing election materials by some political cadres which if unchecked can seriously undermine the work of the Commission and the credibility of the Elections.

On the whole, the Mission commends the ECZ for the professional and efficient manner in which it prepared for and conducted the Elections and Referendum, in compliance with the country's constitutional and electoral laws.

6.4 The Role of Security Forces

The Mission noted the role played by the Zambia Police Service in providing security to the electoral process prior, during and after the Election Day, without interfering with the electoral processes. The Security Officers were present at all the polling stations visited by the Mission's Teams. The Mission further noted the arrangements put in place by ECZ to use Zambia Air Force planes to ferry election materials to the difficult to reach areas across the country.

However, the Mission noted the concerns raised by the stakeholders, in particular opposition political parties, regarding biased application of the Public Order Act by the police which they accused of cancelling political rallies and activities of opposition parties on flimsy grounds. The Mission also noted the complaints by some stakeholders who felt that the Public Order Act does not grant the Police discretionary powers to cancel political gatherings, a behaviour which they said undermined their freedoms of assembly and association.

6.5 Role of Civil Society Organisations

Civil Society Organisations(CSOs) played an active and non-partisan role in the electoral process. The

Mission was heartened to note that CSOs undertook civic and voter education in conjunction with the Electoral Commission. They also trained and deployed a high number of local observers and monitors. This greatly enhances the transparency of the electoral process and raises public confidence in the credibility and legitimacy of elections.

6.6 Voter Registration and the State of the Voters' Roll

The Mission noted that the Constitution of Zambia guarantees the voting rights for citizens who have attained the age of 18 years and mandates the ECZ to conduct and supervise the registration of voters.

The Mission noted that Electoral Law provides for continuous voter registration and that for the 2016

Elections and Referendum, six million, six hundred and ninety eight thousand, three hundred and seventy two voters were registered (6,698,372), out of the census projected figure of seven million, five hundred thousand (7,500,000) eligible voters. This represents an increase of 32 % over the 2011

Voter's Roll and about 89 percent success rate.

The Mission noted that the ECZ engaged a team of consultants to conduct an independent audit of the Voters' Roll following concerns by some stakeholders regarding alleged anomalies in the Voter' Roll including presence of dead people and registration of foreigners . This went a long way in enhancing stakeholder-confidence in the Voters' Roll.

6.7 Civic and Voter Education

The Mission noted that ECZ oversaw the conduct of Civic and Voter Education in line with its mandate and implemented a comprehensive programme which was complimented by the CSOs and the media. The Mission further noted that the materials for Voter Education were translated into the seven major local languages and in Braille and DVDs in sign languages which augured well in terms of broadening access to the materials. The Mission, however, noted that voter education in respect of the Bill of Rights and the Referendum question was delayed due to late release of the relevant information and this affected extend to which citizens were informed about the Referendum process.

Overall, the Mission was satisfied by the adequacy and accuracy of the Civic and Voter Education which was undertaken by the ECZ and CSOs which enhanced the electorate's appreciation of voting procedures and their rights and duties with regards to democratic processes in the elections.

6.8 Political Party Financing and Regulation

The Mission noted that there was no public fund made available to political parties during the 2016

Zambia General Elections and Referendum. The Mission, however, welcomes the provision in the new Constitution establishing a Political Parties Fund to provide financial support to political parties with seats in Parliament. The Mission further welcomes the requirement by the Constitution for political parties to account for the public funds, to reveal sources of funds and the ceilings on the amount of funds to be spend for campaigns during election.

This is a welcome development as it will enhance the participation of political parties in the governance of the country by levelling the playing field. It also ensures transparency and accountability on the role of money in politics.

The Mission, therefore, calls for these provisions to be operationalised expeditiously.

6.9 Media Coverage of the Elections

The Mission noted the role played by the media in enhancing awareness on the election process

including voter education and candidate nominations. The Mission commends the role played by the Community Radio Stations spread across the country, which provided wide and fair coverage on the electoral process in local languages. This went a long way in promoting public interest and encouraging public participation in the elections.

The SADC PF Mission, however, noted the recurrent complaints from political parties and other stakeholders against some media houses which perpetuated the culture of polarisation and bias in their coverage of political parties, candidates and campaigns. The public media was evidently blatantly biased towards the Ruling Party while the private and online media was favouring sections of the opposition. This defies established ethical standards of balance and fairness. It also contravenes both the Constitution and the Electoral Code of Conduct which provide for equal access to the media by all political parties and candidates. The Mission wishes to reiterate that the public media has a greater obligation to provide balanced coverage of all political players since it is funded from public resources.

6.10 Gender Mainstreaming and Women Participation

The Mission noted that there are no reserved seats or quotas for women in Zambia. There was only

one female candidate out of nine Presidential Candidates while only three out of nine Vice Presidential candidates were female. For the National Assembly, there were 106 female candidates out of 651 candidates (16%), 40 female candidates out of 331 Mayoral/Council Chairperson candidates (12%), and 415 female candidates out of 4,566 Councillor candidates (9%).

Stakeholders cited the minimum educational requirement of Grade 12, prohibitive nomination fees and political violence as some of the major obstacles inhibiting women from vying for political office.

The Mission, therefore, calls on political parties to do more to correct the current acute underrepresentation of women in political and decision-making positions. There is also need for legal reforms to be undertaken to introduce quotas for women in Parliament, Councils and other structures of Government. This is imperative in view of Zambia's obligations towards the attainment of gender parity in line with the SADC Protocol on Gender and Development.

6.11 Participation of Youths

The Mission was heartened to note that the minimum age for a Presidential Candidate is 35 years under the Zambian Constitution, which opens up opportunity for young people to aspire for the highest office. The Mission, however, noted with concern that in spite of the youth constituting the majority of the voters, their participation in the electoral process was generally confined to mobilising support for parties and candidates. There were also incidents of abuse of alcohol by the youths during rallies and related political activities. The youth were also used as tools of violence during the elections.

The Mission, therefore, calls on political parties to take deliberate measures to make sure that youths are represented in political and decision making positions.

6.12 Electoral Dispute Resolution Mechanisms in Place

The Mission noted the existence across the country of Conflict Resolution Committees as provided for in both the Electoral Code of Conduct and the Electoral Process Act. The Mission also noted that electoral conflicts were successfully resolved by the various District Conflict Resolution Committees which were composed of political party representatives, the police and CSOs.

The Mission also noted that the Judiciary played a critical role in dispute resolution through the interpretation of laws, particularly given the recent amendments to the legal framework in Zambia. The Mission particularly noted the Constitutional Court's ruling on 8 August ordering Ministers to vacate office and the High Court's ruling ordering the Police to allow the UPND to hold a rally on the Copperbelt. In addition, the Mission noted the High Court order to the Zambia National Broadcasting Corporation (ZNBC) to air a political documentary for the UPND. The rulings by the courts helped to settle disputes and raised stakeholders' confidence in the Judiciary's ability to settle disputes.

6.13 Election Day, Voting and Counting

The Mission observed that voting took place in a peaceful environment and there was high voter turnout at most of the polling stations visited. Most polling stations opened at 0600 hours and closed at 1800 hours in terms of the law. Voters who were in voting queues by 1800 hours were allowed to vote in line with the law. Voting materials were observed to be available in adequate quantities and electoral officials were evidently competent and followed procedures. Party agents, local monitors and international observers were present at polling stations. At polling stations that opened late, the ECZ compensated for the delay.

Incidents of fading official mark on ballot papers were reported in some polling stations. The Mission took note that ECZ distributed ink pads to some polling stations to supplement the fading official mark, instructed its polling staff to put the word 'official' at the back of the ballot paper and designated ballot papers that were cast with faded official marks as valid. The decision by the ECZ allowed voting to proceed smoothly.

The senior citizens, sick, pregnant and the disabled were fast tracked in the voting process in line with the law. There were multiple voting streams at polling stations visited by the Mission's Teams and this sped up the voting process. However, there were few incidents when polling stations were congested which had potential to affect orderliness and the secrecy of the vote.

At the closure of voting, ballots were counted and results for each polling stations were announced and posted outside the polling stations for public access. The political party agents and observers present at the polling stations appended their signatures to the results before their transmission to the Constituency Totalling Centres for onward transmission to the National Results Totalling Centre through the Results Transmission System. The entire results transmission process from polling station to National Results Centre, through the Constituency Totalling Centres, was done under the watchful eyes of party agents, which augurs well for the transparency and credibility of election results.

7. GOOD PRACTICES

The Mission observed the following as good practices from the 2016 Zambia General Elections and

Referendum:

7.1 The provision in the Constitution allowing for the determination of presidential elections results petitions by the Constitutional Court before the installation of the president-elect;

7.2 The provision in the Constitution for timeframe within which the Constitutional Court must determine petitions on the Presidential election results;

7.3 The declaration of the Voting Day as a public holiday which allowed the citizens to go and vote;

7.4 A comprehensive array of laws governing all aspects of the electoral process, including a legally binding Electoral Code of Conduct to guide the role and behaviour of various stakeholders in the electoral process;

7.5 Introduction of the Results Transmission System with a build-in control to detect errors in the aggregation of results and allowing of political party agents at the National Results Centre which enhances efficiency and transparency in the delivery of election results;

7.6 Existence of a Call Centre with toll free numbers by the ECZ for purposes of receiving queries and

or complaints from the general public on matters relating to the electoral process;

7.7 Existence of polling streams at polling stations which sped up the voting process;

7.8 The use of biometric voter registration system which allows the inclusion of multiple identification features for registered voters including colour photographs;

7.9 Use of polling station-based Voters' Roll and indelible ink which eliminates the possibility of

multiple voting;

7.10 Fast-tracking of differently abled persons, senior citizens and pregnant mothers during voting in order to reduce the time they spend in the queue;

7.11 The adequate number of polling stations provided by the ECZ which were conveniently accessible to voters in terms of distance and location;

7.12 Professionalism and commitment to duty demonstrated by the electoral staff who worked under pressure for long hours throughout the electoral process;

7.13 The high level of preparedness and openness to engage stakeholders by the ECZ throughout the electoral process;

7.14 The holding of regular updates by the ECZ at National Results Centre to inform the public about

various challenges experienced by the Commission during the electoral process which helped in easing anxieties and in turn reassured stakeholders of the credibility of the process;

7.15 Counting of votes at polling stations and the availing of results to party agents, candidates and observers in line with good and transparent electoral practice;

7.16 Participation of stakeholders in the verification of the printing of ballot papers at the cost of the

ECZ; and

7.17 The high number of local and international observers accredited by ECZ to observe the Elections and the Referendum which added to the transparency of the electoral and the referendum process.

8. AREAS FOR IMPROVEMENT

8.1 The need to operationalise Article 50 of the Constitution in order to ensure equal access to the public media and fair and balanced reporting by both private and public media during election campaigns;

8.2 The need to develop strong legal and administrative mechanisms to encourage and support the

participation of women in politics and ensure gender parity in political and decision making positions in line with the SADC Protocol on Gender and Development;

8.3 The need for political leaders and supporters to exercise political tolerance and desist from the use of political violence for political ends;

8.4 The need to operationalise the Constitutional provision on political parties' funding in order to enhance and broaden the participation of parties in national politics;

8.5 The need to clean up the Voters' Roll through a corroborative effort involving all stakeholders.

This will help enhance the integrity of the Voters' Roll;

8.6 The need to address congestion in polling stations in order to speed up the voting process,

especially given the harmonised nature of elections in Zambia; and

8.7 The need to make provision to allow Zambian citizens based abroad, to register as voters and exercise their right to vote.

9. MISSION'S OVERALL ASSESSMENT

Based on its overall findings of the electoral processes up to this point of the Election Cycle, the SADC PF Election Observation Mission is satisfied that there existed a conducive and peaceful environment in which the Elections and Referendum were conducted. Zambian voters were accorded the opportunity to freely express their choice, notwithstanding the observed shortcomings mentioned in this Interim Statement.

The Mission is, therefore, of the view that the process up to this point, is on the whole, a credible reflection of the will of the majority of the people who voted. Accordingly, the Mission declares the Elections and Referendum as having been smooth, free, transparent and credible.

As earlier stated, SADC PF will continue to observe the post election processes, including the final declaration of results and post-election developments and will pronounce itself accordingly in its Final Report.

The SADC PF Election Observation Mission to the 2016 Zambia General Elections and Referendum commends the political parties and candidates, the People and all electoral stakeholders in the Republic of Zambia for the mature and tolerant manner in which they conducted themselves during the entire election period. The Mission calls for the same maturity and tolerance to continue during the post-election phase. Where there are grievances, these should be dealt with in terms of procedures and the law.

In conclusion, Zambia must be congratulated for not only conducting elections regularly, but for allowing the peaceful transfer of power from one party to another on several occasions. Zambia's example should be emulated by other countries in the SADC Region, Africa and beyond.

I Thank You

1 . INTRODUCTION

Following an invitation by the Independent Electoral Commission (IEC) of the Kingdom of Lesotho, the SADC Parliamentary Forum (SADC PF) constituted an Election Observation Mission to observe the 26th May 2012 National Assembly Elections in Lesotho. The 22-Member Mission was in the country from 15th to 29th May 2012. It was composed of 10 Members of Parliament,

7 Parliamentary staff from SADC Parliaments and 5 staff from the Forum's Secretariat. The Mission comprised male and female Members of Parliament from both the ruling and opposition political parties from Botswana, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. This is the third time that the SADC Parliamentary Forum has observed National Assembly Elections in Lesotho, having previously observed the May 2002 and February 2007 Elections.

The Mission Leader for the SADC PF Election Observation Mission was Hon. Mkhululi Dlamini, a Member of the Parliament of the Kingdom of Swaziland and Treasurer of the SADC PF.

The 2012 Lesotho National Assembly Election is the 27th election to be observed by SADC PF since 1999 when the Forum started observing elections in SADC Member States. Previously, the Forum observed the following elections: Mozambique and Namibia (1999); Mauritius, Zimbabwe and Tanzania (2000); Zambia (2001); Zimbabwe and Lesotho (2002); Malawi, South Africa, Botswana, Namibia and Mozambique (2004); Mauritius and Tanzania (2005); Zambia, DRC and Madagascar (2006); Lesotho (2007); Malawi, South Africa, Botswana, Mozambique and Namibia (2009), Mauritius (2010); and Zambia (2011).

The purpose of this Interim Statement is to share with various electoral stakeholders in Lesotho (the Basotho, the IEC, political parties and candidates, civil society, the Government and National Parliaments of the Region and the international community in general) the Mission's Observations, Findings and Recommendations which are aimed at strengthening democratic electoral practices both in Lesotho and in the Region. A more detailed Final Report will be compiled and published not later than 90 days from the date of this Statement.

2 . TERMS OF REFERENCE

In undertaking its election observation work, the SADC Parliamentary Forum Election Observation Mission to the 2012 Lesotho National Assembly Elections was guided by the following terms of reference which are premised on the Forum's Norms and Standards for Elections in the SADC Region:

i) Assess the extent to which the elections are conducted in line with the Lesotho constitutional and legal framework as well as the Norms and Standards for Elections in the SADC Region;

ii) Assess the contextual factors, that is political, economic, social and human rights, that are likely to impinge upon the integrity, transparency, freeness, fairness, credibility and legitimacy of the elections;

iii) Assess the impartiality, efficiency and effectiveness of the Independent Electoral Commission of Lesotho in the management of all relevant aspects of the elections;

iv) Make an honest, independent, impartial and objective assessment of the extent to which conditions existed for the Basotho to freely express their will in the choice of political representatives;

v) Assess special provisions and facilities put in place to enable imprisoned persons, the disabled, sick, infirm, expecting mothers, citizens living abroad and public servants on duty, to vote;

vi) Identify some good practices, draw conclusions and make recommendations on the election for purposes of sharing with stakeholders in order to strengthening democratic electoral practices in the SADC Region; and

vii) Produce a report on the outcome of the election including strengths and possible areas of improvement.

3 . TRAINING AND ORIENTATION WORKSHOP

The work of the Mission commenced with a two-day Training and Orientation Workshop for the MPs and staff in Maseru from 16th to 17th May 2012. The main purpose of the Training and Orientation Workshop was to familiarise the Forum's Mission with general issues of democracy, governance and elections as well as the political, constitutional and legal context and the preparedness of the IEC for the 2012 Lesotho elections. It also sought to equip the Members with the skills for election observation including the terms of reference and the methodology for the Mission. The Stakeholders that briefed the Mission included the IEC, representatives of contesting political parties, civil society, the academics and the media.

4 . DEPLOYMENT

The Mission deployed a total of five (5) Teams from 21st until 27th May 2012, to cover the ten

(10) Districts of Lesotho. The Teams were based in the various District centres namely Maseru, Leribe, Mohale's Hoek, Qacha's Nek and Mokhotlong. The Mission Leader and his Team covered Maseru and Berea Districts. The Mission's deployment plan was as shown in the table below:

District's Covered

Team Headquarters

Team Members

Gender

Country

1. Maseru

2. Berea

Maseru

Team 01

1. Hon. Mkhululi DLAMINI - Mission Leader

2. Hon. Nyeleti B. MONDLANE

3. Lesedi KEEKAE ….Staff

M F M

Swaziland Mozambique Botswana

1. Leribe

2. Butha Buthe

Leribe

Team 02

1. Hon. Elifas DINGARA -Team Leader

2. Hon. Gabriel NDEBELE

3. Mkhululi MOLO….Staff

M M M

Namibia Zimbabwe South Africa

1. Mafeteng

2. Mohale's Hoek

3. Quthing

Mohale's Hoek

Team 03

1. Hon. Pamela TSHWETE - Team Leader

2. Hon. John Paul LWANJI

3. Anthony MPOLOKOSO….Staff

F M M

South Africa Tanzania Zambia

1. Qacha's Nek

2.Thaba-Tseka (sharing with Team 05)

Qacha's Neck

Team 04

1. Hon. Vincent MWALE - Team Leader

2. Hon. B. L. Mashile

3. Angumbwike Lameck NGWAVI...Staff

4. Mpendulo NGCAMPHALALA….Staff

M M M M

Zambia South Africa Tanzania Swaziland

1. Mokhotlong

2.Thaba-Tseka (sharing with Team 04)

Mokhotlong

Team 05

1. Hon. Bagalatia ARONE - Team Leader

2. Hon. Waride Bakari JABU

3. David ZIMUNHU

M F M

Botswana Tanzania Zimbabwe

5 . METHODOLOGY

The Mission Teams employed several methods to gather information. These included review of the constitutional and legal framework for elections in Lesotho, analysing the various election documents provided by the IEC, attending political campaign rallies, witnessing door to door campaigns, newspapers as well as electronic media and interacting with other Election Observer Missions such as the African Union, SADC Secretariat, SADC Electoral Commissioners Forum, the Commonwealth Secretariat and the Electoral Institute of Sustainable Democracy in Africa (EISA) in order to exchange observations and information. These various methods enabled the Mission to gather comprehensive information and to assess the degree to which the 2012 Lesotho electoral processes were managed. The Mission's Teams visited all the 10

Districts in Lesotho, more than 65 constituencies and 99 polling stations during the observation period.

The Mission's observation process was based on the constitution and legal framework as well as the Norms and Standards for Elections in the SADC Region, the SADC Principles and Guidelines for Democratic Elections, the SADC Protocol on Gender and Development, and the African Union Declaration on the Principles Governing Democratic Elections in Africa , the Benchmarks for Democratic Parliaments in the SADC Region among other relevant regional and international instruments. The global Declaration of Principles for International Election Observation and the Code of Conduct for International Election Observers, which the Forum is party to, were also useful references for the Mission.

6 . GUIDING PRINCIPLES AND POINTS OF ENQUIRY

In carrying out its observation work, the Mission was guided by the following principles:

i) impartiality, ii) neutrality,

iii) comprehensiveness, iv) transparency,

v) inclusiveness, and vi) objectivity.

The specific points of enquiry for the Mission were:

i) Constitutional and legal framework; ii) Comprehensiveness of Voters Roll; iii) Civic and voter education;

iv) Participation of women and the youth as voters, candidates and election officials;

v) Preparation and distribution of voting materials;

vi) Adequacy and location of voting centres;

vii) Voting arrangements;

viii) Counting of ballots, tabulation and verification of results;

ix) Use of ICTs;

x) Conflict Resolution mechanisms;

xi) Media coverage of parties, candidates and election-related events;

xii) Conduct of the campaign process;

xiii) Role of security forces;

xiv) Political Party Funding;

xv) Conduct of political parties and candidates; xvi) Good practices from the Lesotho Election; xvii) Areas of Improvement; and

xviii) Overall Mission Assessment of the Electoral Process.

7 . MISSION FINDINGS

7. 1 The Constitutional and Legal Framework

Chapter 2 of the Constitution of the Kingdom of Lesotho provides for the protection of citizens' freedoms of movement, expression, assembly and association, among others. Section 20 specifically provides for citizens' right to vote and/or to stand for election at periodic elections under the Constitution through a system of universal and equal suffrage and secret ballot. These freedoms were, in the Mission's view, respected and exercised without undue hindrance.

The electoral process in Lesotho is governed principally by the Constitution of the Kingdom and the Lesotho National Assembly Electoral Act (2011). Section 56 and Section 57 of the Constitution make provision for, among other issues, elections for Members of the National Assembly and the electoral system. Section 66 of the Constitution provides for the establishment, functions and powers of the Independent Electoral Commission of Lesotho, while Section 67 of the Constitution provides for the delimitation of constituencies. Section 87 of the Constitution provides for the appointment of the Executive by the King, which Executive is led by a Prime Minister who is a Member of the National Assembly and leader of the majority party or coalition of parties in the National Assembly.

The Lesotho Constitution allows for the Prime Minister and Members of the Cabinet to continue exercising their functions and duties even after the dissolution of Parliament until the new Prime Minister and Members of Cabinet are sworn-in.

The Mission noted the existence of an Electoral Code of Conduct which is embedded in the Lesotho National Assembly Electoral Act (2011), regulating the conduct of political parties, candidates and general membership. The Mission further noted that the Code, which has a legal enforcement mechanism including fines and penalties, gives power to the IEC to reprimand and/or punish political parties and candidates violating the Code of Conduct.

The Mission, however, observed that the Code of Conduct doesn't bind other important electoral stakeholders such as the police and the media who play important roles in the electoral process and therefore have a duty to conduct themselves ethically in order to protect the credibility of elections.

The Mission is of the view that the constitutional and legal framework governing elections in the Kingdom of Lesotho generally augurs well for the conduct of free and fair elections.

7. 2 The Independent Electoral Commission of Lesotho

Section 66 of the Constitution of the Kingdom of Lesotho establishes the IEC as an autonomous body with the sole mandate of registering voters, supervising the preparation, publication and maintenance of a general register of electors, registration of political parties, demarcation of constituency boundaries and conducting elections in terms of the Constitution and the National Assembly Electoral Act (2011).

The Constitution provides that the IEC comprises a Chairperson and two other members appointed by the King on the advice of the Council of State. For one to qualify as a member of the IEC, one should be of a high moral character, proven integrity and should either qualify to hold a high judicial office or should possess considerable experience and demonstrated competence in the administration of public affairs. The powers, functions and duties of the Commission are further articulated in the National Assembly Electoral Act (2011). The power and authority to appoint the Director and staff of the Commission rests solely with the Commission, to which such staff are accountable.

Recognising the notable exceptions relating to multiple voter registrations and concerns regarding delimitation of constituencies, electoral stakeholders generally expressed confidence in the independence, impartiality, openness, transparency and capacity of the IEC to organise and conduct credible elections.

The Mission noted that the legal framework within which the IEC is established and operates generally augurs well for the independence and autonomous functioning of the Commission. This is in line with theNorms and Standards for Elections in the SADC Region and the SADC Principles and Guidelines for Democratic Elections.

The Mission observed that the IEC was evidently prepared for the 2012 National Assembly Elections. The IEC ensured the printing of ballot papers in time under the observation of stakeholders including representatives of political parties, carried out voter education programmes in collaboration with civil society organisations, and distributed both sensitive and non sensitive voting materials to Constituency Voting Centres in the Districts according to the electoral calendar. It also trained electoral staff and engaged stakeholders throughout the process.

Overall, the Mission commends the IEC for the professional work in preparing for and conducting the 2012 Lesotho National Assembly Elections.

Voter Registration

The Mission noted that the voting age in Lesotho in terms of the law is 18 years. The Mission further noted that the law provides for continuous voter registration which process is periodically suspended on the 8th day after the commencement of an official election period and resumes 90 days after the end of the election period. The Mission further noted that the official elections period for the 2012 National Assembly Elections commenced on 15th March 2012.

The Mission observed that there are no personal national identity cards for citizens in Lesotho and the passport is the widely used identification document. There was growing suspicion that the use of passports during voter registration could create a loophole allowing for under-aged voters to be illegally included on the Voters' Register. Stakeholders consulted informed the Mission that the introduction of personal identity cards had the potential to curtail growing cases of multiple registrants and under-age voters.

Stakeholders consulted further informed the Mission that the practice in Lesotho is that, in the event of death, relatives of the deceased are obliged to notify the Chief, who in turn notifies the relevant authorities in Government and that failure by the respective Chiefs to notify Government regarding deaths in their jurisdictions was the main reason for the inflated Electors' Register which has a total of 1,127,960 registered voters out of a population of

1,902,707, depicting an unusually inverted demographic pyramid for Lesotho.

The SADC PF Election Observation Mission found out that for the 2012 National Assembly Elections, the IEC introduced 600 mobile registration units which produced instant voters' cards, a development which enhanced the efficiency of the process.

The Mission took note of the challenges faced by the IEC relating to the synchronization of the previously existing voters' data base with the newly acquired Mobile Registration Units (MRUs) which led to multiple registrants and appearances of deceased persons on the Voters' Roll. This has remained an issue of concern to most of the stakeholders, especially the political parties.

The Mission noted that the Electors' Register showed a total of 1,127,960 voters as being registered for the 2012 Lesotho National Assembly Elections out of the Country's approximately

1,153,218 eligible voters and a population estimated at 1,902,707. This puts Lesotho at around

98 per cent voter registration, which is far higher than the regional average of 77 percent.

7. 3 Electors' Register (Voters' Roll)

The Mission noted that copies of the Electors' Register were available to the public and stakeholders in hard copies. Besides cases of multiple registrants and appearance of deceased persons on the electors' register, no significant complaints were raised by the contesting political parties, candidates and other stakeholders, relating to anomalies, shortcomings and inaccuracies on the Register.

7. 4 Voter Education

The Mission found out that for the 2012 Lesotho National Assembly Elections, the IEC partnered with the civil society umbrella body, the Lesotho Council of NGOs (LCN), to train and deploy a total of approximately 700 voter educators across the country. The voter education exercise started on 1st April 2012 and ended on 15th May 2012. This period, however, was considered by some stakeholders as being inadequate.

The Mission observed that the Lesotho National Assembly Electoral Act provides for the IEC as the sole custodian of voter education with other partners such as civic society only coming in to assist the Commission. The IEC decides on the budget, curriculum and period during which voter education takes place in Lesotho.

The Mission further observed that voter education involved the IEC training trainers in critical stakeholder groups such as political parties, chiefs, women and youth groups, the police, teachers and church groups, with the civil society partners filling the gap were the IEC could not reach. In addition, the Mission observed that the voter education curriculum for the 2012

Lesotho National Assembly Elections was focused on the code of conduct, nomination process and voting steps.

7. 5 Role of Security Forces

The Mission noted the preliminary worries expressed by some stakeholders on the role of the security forces during the 2012 Lesotho National Assembly Elections. The Mission, however, observed that other than a statement reportedly issued by the military prior to the Mission's arrival in Lesotho, no incidents of the security forces' undue interference with the electoral processes were confirmed by the Mission's Election Observation Teams that were based in the 10 districts of Lesotho.

The Mission further observed that the Police were adequately prepared to perform their duties during the 2012 Lesotho National Assembly Elections as evidenced by the presence of police officers in all the polling centres visited by the Mission's Election Observation Teams. This also contributed to the general peaceful environment that existed in the country during the electoral process.

7. 6 Participation of Youths

The Mission noted that in spite of the youth constituting the majority of the voters, their participation was generally marginalised to mobilising support for their parties' candidates without having a clearly defined agenda of their own in the electoral process.

7. 7 Role of Civil Society Organisations

The Mission appreciated the civil society organisations for playing an important role in civic and voter education and working with the IEC. In addition, the Mission noted the role of CSOs in promoting the credibility of the election process through the training and deployment of approximately 300 Local Election Observers to observe the 2012 Lesotho National Assembly Elections.

7. 8 Role of Traditional Leaders

The Mission noted the roles played by chiefs during the 2012 National Assembly Elections, which roles included witnessing for their subjects who did not have identity documents during voter registration and actual voting as well as clearing the holding of rallies and political gatherings in their jurisdictions.

7. 9 Media Coverage of the Electoral Process

The Mission noted the vibrancy, plurality and diversity of the media landscape in Lesotho which includes public and private newspapers, community radio stations and the public broadcaster that gave extensive coverage to political parties, candidates and the general electoral process. The diversity of the media allowed for the levelling of the playing field to all contesting parties and candidates with regards to media coverage. The Mission further noted the efforts by the IEC to afford all participating political parties equitable coverage by the state media through securing time slots for airing campaign messages on the state broadcaster.

7.1 0 The Political Environment

The Mission found out that the political environment was generally peaceful as demonstrated by unimpeded political rallies, campaigns, and a generally high degree of tolerance among political party supporters although the Mission learnt of isolated cases of election-related violence that reportedly occurred prior to the Mission's arrival in Lesotho. The Mission noted the positive trend by most of the political parties and candidates to base their campaign messages on substantive policy issues as opposed to targeting personalities which tends to polarise society.

The SADC PF commends the Basotho for the generally peaceful and friendly manner in which they conducted themselves during the campaign, voting and counting of ballots.

7.1 1 Political Campaigns

The Mission noted that the official campaign period for the 2012 Lesotho National Assembly

Elections stretched from 15th March 2012 following dissolution of Parliament and ended on to

25th May 2012, which is 24 hours before voting in line with the regulations. The Mission further

noted that the conduct of political parties and other stakeholders during campaigns is governed by the Code of Conduct as provided for in the Lesotho National Assembly Electoral Act (2011).

The Mission observed that apart from the isolated reports of election related disputes, the election campaign was carried out in a calm and orderly manner with a relative degree of tolerance among contesting political parties and candidates. The 2012 Lesotho National Assembly Election campaign expressed itself in the form of political rallies, door-to-door campaigns, billboards, posters, radio and television adverts as well as live interactive programmes on the electronic media.

7.1 2 Funding of Political Parties

The Mission observed the existence of provisions within the National Assembly Electoral Act (2011) that provide for the public funding of political parties with seats in the National Assembly on an annual basis. In addition to public funding, the law provides for the allocation of campaign funds to all registered political parties participating in elections. This strengthens democracy by levelling the political field as resources are a major factor in political campaign.

7.1 3 Voting Centres

The Mission found out that the IEC established a total of 2,748 polling stations within voting centres, with each polling centre catering for up to approximately 600 voters. The IEC designated various places as voting centres including schools, halls, churches and chiefs' residences in villages. The Mission further noted that the voter registers were also customised up to a specific polling station, with a register for each station. The Mission also observed that most voting stations visited by its Teams in the districts were well staffed, with each voting station manned by an average of four officers other than security officers and ushers. Furthermore, the voting officers generally demonstrated good knowledge of the requisite voting procedures. The Mission is of the general view that the number of polling stations was adequate and generally accessible enough to allow as many eligible voters as possible to cast their vote.

7.1 4 The Vote and the Count

The Mission observed that most voting stations opened and closed at legislated times of 0700 and 1700 respectively. At all polling stations observed by the Mission's Teams, voters that were still in the voting queue by 1700 hrs were allowed to cast their votes in line with the regulations. Voting materials were generally available in adequate quantities and this allowed voting to proceed smoothly throughout the day at most voting stations. The Mission also note that the presence of political party agents, election monitors and the police at all voting stations together with the use of indelible ink to avoid multiple voters contributed to enhancing the transparency of the voting process.

The Mission observed that the voting process was conducted peacefully across the country with no significant cases of disturbances.

The Mission further observed that counting of ballots took place at the respective polling stations at the end of the voting process and was generally conducted in a peaceful and transparent manner in the presence of candidate representatives, and in some cases observers. The presiding officers and party agents signed the results before posting a copy on the outside of the voting station while each of the candidates' representatives were given signed copies of the same.

7.1 5 Conflict Resolution Mechanisms in Place

The Mission noted the existence, across the country, of District Dispute Resolution Committees comprising representatives of different political parties. At national level, the Mission noted the existence of the Panel responsible for dealing with complaints relating to abuse of State resources during campaigns and the Tribunal charged with resolving disputes relating to violation of the Code of Conduct at national level. The Mission further noted that the Tribunal is provided for under the Lesotho National Assembly Electoral Act (2011) and is a critical structure through which the IEC administers the Code of Conduct.

The Mission observed that at least three cases of election related disputes were brought before the Tribunal during the run-up to the Lesotho 2012 National Assembly Elections.

The Mission also noted that in the event of disputes relating to the outcome of elections in Lesotho, the aggrieved party has access to legal recourse through the High Court which is the only court conferred with jurisdiction to preside over post electoral disputes.

7.1 6 Provision of Special Arrangements

The Mission noted that there were arrangements for prisoners to cast their votes although there were no such voting arrangements for special groups such as the sick, the pregnant, the disabled and those citizens living abroad.

7.1 7 Gender Representation

The Mission observed that there were very few women candidates contesting constituency based National Assembly seats during the 2012 Lesotho National Assembly Elections.

The Mission, however, noted and welcomed the requirement in the National Assembly Electoral Act (2011) stipulating that when nominating candidates for proportional representation seats, each male or female candidate's name should be followed by that of a candidate of the opposite sex and that the party lists should have equal numbers of male and female candidates. This augurs well for the attainment of 50/50 women and men representation in both political and decision making positions in line with the SADC Protocol on Gender and Development.

The Mission noted the urgent need for Political Parties in Lesotho to incorporate gender equity in their constitutions, policies and manifestos.

The Mission was however, encouraged by Women's representation within the IEC structures where two of the three Commissioners are women. While gender was not a criterion for the recruitment of electoral officials, the Mission observed that most of the IEC officials manning the polling centres were women.

8 . GOOD PRACTICES FROM THE 2012 LESOTHO NATIONAL ASSEMBLY ELECTIONS

The Mission observed the following as good practices from the 2012 Lesotho National Assembly

Elections:

i) High degree of tolerance which contributed to peaceful and orderly campaigns and generally amicable atmosphere during voting;

ii) Existence of enforceable Electoral Code of Conduct which is embedded within the Lesotho National Assembly Electoral Act (2011), stipulating how political parties, candidates and the general membership should conduct themselves during elections;

iii) Efforts by the IEC in opening up the electoral process by engaging and communicating with stakeholders on a regular basis, encouraging voters' interest and participation through voter education and enhancing the transparency of the electoral process and speedy tabulation of results;

iv) Professionalism and commitment to duty demonstrated by the electoral staff;

v) The establishment of multiple polling stations at voting centres and limiting the number of voters to 600 per voting station which speeded up the voting process;

vi) The establishment of Dispute Management Committees involving the contesting political parties to handle election-related disputes;

vii) The levelling of the electoral playing field through provision of public funding for political parties and allocation of campaign funds to all registered political parties participating in elections;

viii) The provision for continuous Voter Registration in the law;

ix) The use of transparent and translucent ballot boxes;

x) The prohibition of political campaigning 24 hours prior to the election date which helps to create a calm and tranquil environment during the period leading to and on the voting day;

xi) The role played by political party leaders in committing themselves to peace and tolerance prior, during and post the voting process;

xii) Role of religious organisations in fostering harmony and political tolerance among political parties and the general public;

xiii) Counting of ballots at each of the voting stations in the presence of party agents and observers and the signing of voting station result sheets by electoral officials, and party agents before they are posted at each voting station; and

xiv) The existence of a vibrant, diverse and pluralistic media which balanced media coverage of the elections.

9 . AREAS FOR IMPROVEMENT

i) Lack of provisions in the National Assembly Electoral Act on the facilitation of voting by special groups such as the sick, the disabled, the pregnant and citizens abroad;

ii) The absence of personal identity cards for citizens which has potential to curtail growing cases of multiple registrants and under-age voters.

iii) Absence of an efficient process and legal framework to facilitate timely removal of details of deceased persons from the Elector's Register in order to maintain a clean and credible Electors' Register.

iv) The need for the establishment of a special Electoral Court to expedite the resolution of election related disputes in keeping with good practices; and

v) The need to expand the Code of Conduct to include responsibilities for other critical electoral stakeholders such as the police and the media so as to harmonise stakeholder collaboration in the management of elections.

10 . MISSION'S OVERALL ASSESSMENT OF THE 2012 LESOTHO NATIONAL ASSEMBLY ELECTIONS

Based on its overall findings, the Mission is of the view that there existed a substantially conducive and peaceful environment in which elections were conducted. The Basotho were accorded the opportunity to freely express their will in voting for political parties and candidates of their choice.

Having duly noted that the 2012 Lesotho National Assembly Elections were, on the whole, a credible reflection of the will of the people of Lesotho, the SADC Parliamentary Forum, therefore, declares the 2012 Lesotho Elections as having been free and fair.

 

DELIVERED BY

HONOURABLE DITHAPELO KEORAPETSE,

MISSION LEADER AND MEMBER OF PARLIAMENT OF THE NATIONAL ASSEMBLY OF THE REPUBLIC BOTSWANA AS WELL AS A MEMBER OF THE SADC PF STANDING COMMITTEE ON DEMOCRATISATION, GOVERNANCE AND HUMAN RIGHTS  

ON 5 JUNE 2017 

AT AVANI LESOTHO HOTEL IN MASERU, LESOTHO

  

SALUTATIONS

  • The Chairperson of the Independent Electoral Commission (IEC) of Lesotho, Hon. Justice Mahapela Lehohla and IEC Commissioners;
  • His Excellency Joaquim Chissano , former President of the Republic of Mozambique and Head of the African Union Mission;
  • His Excellency Rupiah Banda, former President of the Republic of Zambia and Head of the EISA Mission;
  • Honourable Dr Augustine P. Mahiga, Minister of Foreign Affairs and East African Cooperation of the United Republic of Tanzania and Head of the SADC Election Observer Mission;
  • Esteemed Members of various Election Observation Missions;
  • Fellow Honourable Members of the SADC PF Mission;
  • Members of the Diplomatic Corps;
  • Esteemed Leaders of Political Parties;
  • Members of Civil Society Organisations;
  • Media Representatives;
  • Distinguished Guests;
  • Ladies and Gentlemen

I am honoured to present the SADC Parliamentary Forum Election Observation Mission's Interim Statement on the 2017 Lesotho National Assembly Elections in my capacity as the Mission Leader.

À propos de nous

Le Forum parlementaire de la Communauté de développement de l'Afrique australe (SADC PF) a été créé en 1997 conformément à l'article 9 (2) du Traité de la SADC en tant qu'institution autonome de la SADC. Il s'agit d'un organe interparlementaire régional composé de treize (14) parlements représentant plus de 3500 parlementaires dans la région de la SADC.

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