THE African Ark (AA) party is today expected to petition the Constitutional Court to move the upcoming elections from 7 October 2022 to a new date.
In its prayers, the AA says His Majesty King Letsie III erred when he declared 7 October the elections date on the advice of the Council of State. This because the date set is less than 90 days from 17 July 2022 when the declaration was made.
The party says this is in contravention of the constitution stipulation that an election must be held 90 days after the proclamation date of the polls by the King.
Therefore, the party says, the IEC and the Director of Elections, Mpaiphele Maqutu, should announce a new date that is at least 90 days after 17 July 2022.
The IEC, Advocate Maqutu, Law and Justice minister Lekhetho Rakuoane, the Council of State, His Majesty King Letsie III, Attorney General Rapelang Motsieloa and 64 other political parties registered with the IEC are first to 71st respondents respectively in the application.
The AA says the elections date was “wrongly computed”.
Therefore, the party prays that the IEC and Adv Maqutu be compelled “to extend the date of the general elections with the number of days falling short of, in cognisance with section 84(1) of the Constitution”.
The party also argues that the IEC unlawfully extended the date by which parties could submit their nominations from 2 September. The move was meant to allow the finalisation of court processes after some All Basotho Convention (ABC), Democratic Congress (DC) and Revolution for Prosperity (RFP) members challenged the nomination processes in their respective parties.
The extension should have been done through the publication of a gazette, the party says.