Lesotho
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
Comment
Political parties are permitted to receive donations from any source within and without Lesotho. Source
National Assembly Electoral Act, 2011 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
The law does not explicitly tell whether or not candidates are permitted to receive donantions from any source within and without Lesotho. However, Section 71(2) of the Act provides that the term "political party" includes an independent candidates Source
National Assembly Electoral Act, 2011 |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
The electoral law is silent on this matter. Source
National Assembly Electoral Act, 2011 |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
The Electoral Act is silent on this matter. Source
National Assembly Electoral Act, 2011 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
The electoral act is silent on this matter. Source
National Assembly Electoral Act, 2011 |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
The electoral act is silent on this matter. Source
National Assembly Electoral Act, 2011 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Source
Political party campaign funding 70 (2) A source of funds or donation exceeding M200,000 or such amount as the Commission may, by notice published in the Gazette, determine, shall, within a period of 7 days of its receipt, be disclosed to the Commission by the Treasurer of the political party concerned. National Assembly Electoral Act, 2011 |
8. Is there a ban on anonymous donations to candidates? |
Code
No
Comment
The electoral act is silent on this matter Source
National Assembly Electoral Act, 2011 |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
There is no mention on this matter in the law. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
No mention in the law for this. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
64 (2) The political party in power shall take the responsibility to ensure that its candidates and office bearers: (a) do not abuse their positions for the purpose of their election campaigns (b) shall not use government vehicles during elections period except for Ministers and other officials entitled to use of such government vehicles. 65. The Government and its agencies shall make public facilities available to a political party registered with the Commission on the basis of equal charges for use of such facilities during campaign period. 66. A person shall not hold a campaign meeting under this act in the following premises: (a) the premises reserved for use by the Defence Force or the Police Service, for official duties or for residence; (b) the premises of public institutions and workplaces during normal working hours; (c) the premises of educational institutional during classes Source
National Assembly Election Act, 2011 |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
|
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
|
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Sometimes
Comment
Section 71(3)(b)(iv) of the National Assembly Electoral Act of 2011 (hereandafter as the Act) relates only to moneys allocated to a political party from the Consolidated Fund for contesting elections that may not be used to directly or indirectly invest in any business or property. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
The law provides that funds and donations to political parties/candidates shall be deposited into a Bank Account from where election expenses will be paid
Source
Section 70 of the Act defines that funds and donations shall be deposited into and elections expenses paid from, the bank account contemplated in Section 24(6)(k) of the Act. Section 72(5) of the Act further states that a candidate or a political party registered with the Commission that has received funds shall maintain a separate bank account and place all funds received into that account. |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
Registered political parties are entitled to funding from the Consolidated Fund for the purpose of campaigning and payment of party agents. Source
National Assembly Electoral Act, 2011 - Section 70(4) |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
70 (5) A political party campaign funding from the Consolidated Fund shall be allocated to political parties in the following manner-- (a) in respect of a political party which participated in the last elections, the funding shall be based on the number of votes gained in the last elections on condition that the votes gained were not less than the threshold required for registration with the Commission. (b) in respect of a political party registered with the Commission which did not participate in the last elections, the funding shall be based on the threshold requirement for registration with the Commission; and (c) in respect of political parties which have formed an alliance, funding shall be allocated to each political party. 71 (1) A political party which participated in the elections shall be entitled to funding from the Consolidated Fund on Annual basis depending on the number of seats it has in the National Assembly. National Assembly Elections Act, 2018 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Other
Source
70 (5) A political party campaign funding from the Consolidated Fund shall be allocated to political parties in the following manner-- (a) in respect of a political party which participated in the last elections, the funding shall be based on the number of votes gained in the last elections on condition that the votes gained were not less than the threshold required for registration with the Commission. (b) in respect of a political party registered with the Commission which did not participate in the last elections, the funding shall be based on the threshold requirement for registration with the Commission; and (c) in respect of political parties which have formed an alliance, funding shall be allocated to each political party. 71 (1) A political party which participated in the elections shall be entitled to funding from the Consolidated Fund on Annual basis depending on the number of seats it has in the National Assembly. National Assembly Elections Act, 2018 |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Source
Section 71 of the Act states that funds received from the Consolidated Fund for contesting elections (a) may be used only to defray expences incurred in contesting elections, including the propagation of the political parties or candidate´s views and elector education, and (b) may not be used to (i) defray personal expenditure not related to contesting elections, (ii) pay a fee, reward, benefit or remuneration to any candidate or officer of a political party, (iii) reward any elector in order to vote or to vote in a certain manner, and (iv) directly or indirectly invest in any business or property. Section 72(4) of the Act further defines that any funds received by a political party registered with the Commission in terms of Section 71 shall only be used for politically related activities. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
67(1) A political party registered with the Commission shall have the right to have the substance of its campaign propaganda reported on news broadcasts of the Government-owned media and in any newspaper in circulation in Lesotho: Provided that in the case of news broadcasts by Government-owned media-- (a) the content of the news shall be professionally determined by that media; (b) the media shall maintain neutrality in the manner of reporting the news of the campaign propaganda of a political party registered with the Commission and generally in its commentaries; and (c) the Commission shall monitor the news broadcasts and shall ensure news coverage of the campaigning by the political parties registered with the Commission. (2) The Commission shall, by arrangement with the Government-owned media, allocate time on the radio and television during which political parties may be allowed to speak or appear in campaigning for elections and the Commission shall determine the allocation of time to each political party. National Assembly Elections Act, 2011 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Other
Comment
The Commission is responsible for allocating time on the radio and television during which political parties may be allowed to speak or appear in campaigning for elections and the Commission shall determine the allocation of time to each political party. Source
67(1) A political party registered with the Commission shall have the right to have the substance of its campaign propaganda reported on news broadcasts of the Government-owned media and in any newspaper in circulation in Lesotho: Provided that in the case of news broadcasts by Government-owned media-- (a) the content of the news shall be professionally determined by that media; (b) the media shall maintain neutrality in the manner of reporting the news of the campaign propaganda of a political party registered with the Commission and generally in its commentaries; and (c) the Commission shall monitor the news broadcasts and shall ensure news coverage of the campaigning by the political parties registered with the Commission. (2) The Commission shall, by arrangement with the Government-owned media, allocate time on the radio and television during which political parties may be allowed to speak or appear in campaigning for elections and the Commission shall determine the allocation of time to each political party. National Assembly Elections Act, 2011 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Section 58 of the Act states that the Chapter 5 - Election Campaigns, where this particular provision is included, applies to campaigns of independent candidates and political parties, and reference to "political party" in this Chapter shall be construed as including an independent candidate. Source
67(1) A political party registered with the Commission shall have the right to have the substance of its campaign propaganda reported on news broadcasts of the Government-owned media and in any newspaper in circulation in Lesotho: Provided that in the case of news broadcasts by Government-owned media-- (a) the content of the news shall be professionally determined by that media; (b) the media shall maintain neutrality in the manner of reporting the news of the campaign propaganda of a political party registered with the Commission and generally in its commentaries; and (c) the Commission shall monitor the news broadcasts and shall ensure news coverage of the campaigning by the political parties registered with the Commission. (2) The Commission shall, by arrangement with the Government-owned media, allocate time on the radio and television during which political parties may be allowed to speak or appear in campaigning for elections and the Commission shall determine the allocation of time to each political party. National Assembly Elections Act, 2011 |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Section 65 of the Act states that the Government and its agencies shall make public facilities available to a political party registered with the Commission on the basis of equal charges for use of such facilities during the campaign period. Section 69 of the Act further states that a local authority shall, in consultation with the Commission, designate places where elections education materials and campaign materials of political parties registered with the Commission may be posted. Political parties registered with the Commission shall be given equal access to the places designated in this Section. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
Article 163 (2) A person commits an offence of bribery if--
Article 71 (3) Any funds received by a political party registered with the Commission in terms of section 71 for contesting elections- (b) may not be used to-- (iii) reward any elector in order to vote or to vote in a certain manner (a) a person seeks or receives a benefit, personally or for another person, in order to influence the person´s elections conduct; (b) a person offers, promises or gives any benefit to any person in order to influence the person´s elections conduct; or (c) a person provides or lends any property knowing that the property is to be used in the commission of an offence referred to in paragraphs (a) and (b) or replaces any property that has been used for that purpose. National Assembly Election Act, 2011 |
39. Are there limits on the amount a political party can spend? |
Code
No
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
No
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Section 72(5)(b)(c)(d) of the Act defines that a candidate or a political party registered with the Commission that has received funds shall keep records of all transactions in respect of the bank account in terms of this Section, provide the Commission with a financial statement and report in the prescribed manner within a period of 6 monts after the declaration of the results of elections, and in respect of funds in terms of Section 71 of the Act, provide the Commission with a financial statement and report in the prescribed manner within a period of 3 months after the end of the financial year. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
107 (1) 50 days after the publication of the results of general elections, a political party registered with the Commission shall transmit to the Director a return in the prescribed form, containing a statement of all expenses incurred in contesting the elections together with all bills and receipts. (2) The statement shall contain-- (a) an account of personal expenses, if any, paid by the political party; and (b) an account of all monies received by the political party or any person on behalf of the political party for the purposes of elections expenses incurred, with a statement of every payment and from whom they were received. National Assembly Election Act, 2011 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
For the purpose of Chapter 5 - Election Campaigns, the Act reference to "a political party" includes both political parties and independent candidates. Source
107 (1) 50 days after the publication of the results of general elections, a political party registered with the Commission shall transmit to the Director a return in the prescribed form, containing a statement of all expenses incurred in contesting the elections together with all bills and receipts. (2) The statement shall contain-- (a) an account of personal expenses, if any, paid by the political party; and (b) an account of all monies received by the political party or any person on behalf of the political party for the purposes of elections expenses incurred, with a statement of every payment and from whom they were received. National Assembly Election Act, 2011 |
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
No
Source
Article 109 requires he Director to make available for public inspection the contents of all packets received by the Director. However, the list does not include financial statements of politcal parties/candidates. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Section 70 of the Act defines that a source of funds or donations exceeding M200,000 or such amount as the Commission may, by notice published in the Gazette, determine, shall, within a period of 7 days of its receipt, be disclosed to the Commission by the Treasurer of the political party concerned. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
EMB = Independent Electoral Commission (IEC). |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
Impose sanctions
|
58. What sanctions are provided for political finance infractions? |
Code
Comment
Under Section 72 of the Act, the Commission may (a) recover any amount contemplated in subsection (7) of Section 72 of the Act by civil action, and (b) refuse to allocate funds to a political party registered with the Commission or candidate during elections if (1) the political party or candidate has contravened any provision of Section 70 of the Act, (2) the political party includes any officers of the party who have contravened a provision of Section 70 of the Act, and (3) the candidate is or was an officer of the political party that has contravened a provision of Section 70 of the Act. Section 72 of the Act further states that a political party registered with the Commission which, or a candidate or an officer who, contravenes this section commits an offence and is, on conviction, liable to a fine of M10,000 or to imprisonment for a term of 12 months or both. |
