Maphephe, Matete, Monyane makes the cut
Mathatisi Sebusi / Mohloai Mpesi
THE Council of State has finally concluded the recruitment process for three Independent Electoral Commission (IEC) Commissioners.
The long-delayed appointments were finalised yesterday following mounting political pressure on the Council of State to select the three commissioners from a shortlist of five candidates.
This publication has reliably learnt from a source within the Council of State that Dr John Maphephe has been appointed chairperson of the IEC, replacing Mphasa Mokhochane, whose term expired in December last year.
The other appointed commissioners are Pontšo Mamatlere Matete and Dr Chelete Monyane, who replace Karabo Mokobocho-Mohlakoana and Tšoeu Petlane.
However, their appointment is yet to be communicated officially through a government gazette which is yet to be published.
The decision to appoint the trio was taken during a sitting of the Council of State held yesterday at the Royal Palace in Maseru.
Minister of Law and Justice, Richard Ramoeletsi, neither confirmed nor denied that the Council of State had approved the three Commissioners when contacted.
He only confirmed that the Council had met yesterday to deliberate on matters relating to the recruitment process.
He said the approval of the three had not yet been made official and he could therefore not comment further.
“There has not been an official announcement, so I cannot say much about the approval of the commissioners. What I know is that the Council of State sat today (yesterday), and among the matters it considered was the appointment of the commissioners,” Mr Ramoeletsi said.
Last week, Mr Ramoeletsi told this publication that government had formally communicated with the Council of State, urging it to consider the five shortlisted candidates at its next sitting.
He also maintained that an appeal filed by two unsuccessful applicants did not prevent the appointment process from proceeding.
Political Forum member, Advocate Lekhetho Rakuoane, confirmed that the Council of State had made a decision yesterday but said he was not aware of the names appointed.
“I can confirm that the Council of State sat today (yesterday), but I cannot confirm the names selected. I will only be able to do so once the appointments are gazetted,” Adv Rakuoane said.
Commenting on the development, Democratic Congress (DC) leader, Mathibeli Mokhothu, said his party welcomed the approval, describing it as a “relief for democratic governance”.
“The IEC is central to democratic governance. Its continued existence guarantees a functioning democracy and ensures the institution’s readiness to carry out its day-to-day responsibilities of managing electoral cycles, as required by the Constitution. It also guarantees adherence to best electoral practices,” Mr Mokhothu said.
The appointments come against the backdrop of increasing political pressure from several parties, including the main opposition DC, which had warned that continued delays threatened the integrity, legality, and effective functioning of Lesotho’s electoral system.
Similar concerns had been raised by the Yearn for Economic Sustainability (YES) party, which had recently written to the Council of State, arguing that the prolonged delay lacked legal justification and risked undermining constitutional governance.
YES urged the Council of State to advise His Majesty to proceed with the appointments in accordance with Section 66(4) of the Constitution.
Last week, Basotho National Party (BNP) leader Machesetsa Mofomobe also petitioned the Council of State, calling on it to advise His Majesty to appoint the commissioners.
Mr Mofomobe said the Constitution provides in “mandatory and unequivocal terms” that: “There shall continue to be an Independent Electoral Commission consisting of a chairman and two members…”
The recruitment process began in July 2025, when political parties registered with the IEC were invited to nominate candidates for appointment. The Forum of Political Parties subsequently submitted five names to the Council of State, from which three commissioners were to be selected.
However, the process stalled after two unsuccessful applicants, Attorney Tumisang Mosotho and human rights activist Peshoane Tsikoane, challenged the selection process in the Constitutional Court. Their application was dismissed last month.
Although they have since approached the Court of Appeal, no application for a stay of execution or suspension of the Constitutional Court judgment was filed. Nevertheless, other observers had argued that the principle of sub judice held that no party should proceed with actioning matters still before the courts.
Messrs Mosotho and Tsikoane argue that they were wrongly disqualified and that the entire recruitment process was constitutionally flawed. They have also asked the court to compel the IEC to release full compliance records of all 45 registered political parties, which they say would demonstrate alleged irregularities in the process.
It remains to be seen what happens in the event that the apex court overturns the Constitutional Court’s ruling and orders that the recruitment process be restarted, as requested by Messrs Mosotho and Tsikoane.
