The Court of Appeal has upheld an earlier decision of the Lesotho High Court against a male candidate who wanted to contest a seat in an all women constituency in the recent local government elections on the grounds of his being discriminated against. 

Advocate Motiea Teele, on behalf of Molefi Tšepe, had asked the country’s highest court to declare unconstitutional some provisions of Local Government Elections Act, which authorised his exclusion from participating as a candidate in the Litjotjela Electoral Division on the basis of his sex. 

The respondents were the Independent Electoral Commission (IEC), Returning Officer for Litjotjela Electoral Division, Minister of Justice, Human Rights and Constitutional Affairs; Minister of Local Government and the Attorney General. 

In dismissing the appeal, the Court said the amendment in the Local Government Elections Act, which provided for a temporary and rotating quota of electoral divisions reserved for women, was reasonably justifiable in Lesotho's circumstances. 

Women in Lesotho had long been disadvantaged and marginalised socially, economically and even politically, the Court said.

The court had regard to Lesotho's international law obligations in terms of conventions it has ratified, which include, among others, the International Convention on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women. 

Thus the Constitution contemplates substantive, not merely formal equality, both directly through the constitution and through Lesotho's international law obligations.  

'Those at issue in the present case meet the threefold test in such matters: they are rationally connected to the wider objective; secondly they impair as little as possible the rights in question; and thirdly there is proportionality between the effects of the measures and the objective,' the court said. 

The court made no order as to costs. 

The respondents were represented by Advocates Hendrick Viljoen and Denis Peter Molyneaux.

1 July 2005