Govt, IEC at war

…over appointment of elections boss

…as DCEO is dragged into conflict

Mohloai Mpesi

THE government and the Independent Electoral Commission (IEC) are locked in a bitter dispute over the appointment of Lydia Macheli as the Commission’s Acting Director of Elections.

The row centres on the alleged refusal by the Minister of Finance and Development Planning, Dr Retšelisitsoe Matlanyane, to designate Ms Macheli as Chief Accounting Officer (CAO) of the electoral body, despite her appointment to the IEC’s top administrative role.

The minister’s position is allegedly based on claims that Ms Macheli is under investigation by the Directorate on Corruption and Economic Offences (DCEO). She has nonetheless failed to furnish the Commission with details of the alleged investigation.

The DCEO itself has denied that it is probing Ms Macheli. Failure to get the CAO designation means Ms Macheli is hamstrung from performing her duties as the top administrative officer of the elections body.

The dispute came to light after IEC chairperson, Dr John Maphephe, wrote a five-page letter to Dr Matlanyane on 12 May 2026 seeking clarity on the matter.

According to Dr Maphephe, Dr Matlanyane later informed the Commission that she had no objection to designating a Director of Elections as CAO, but objected specifically to Ms Macheli because of the alleged DCEO investigation.

Ms Macheli is the substantive IEC Senior Manager of Civic and Voter Education. She was appointed Acting Director of Elections on 10 February 2026 following the resignation of substantive Director of Elections, Advocate Mpaiphele Maqutu, earlier that month.

The IEC subsequently informed the Ministry of Finance and Development Planning of the appointment on 20 February 2026 and requested that Ms Macheli be designated as Chief Accounting Officer. However, the ministry has yet to grant the designation.

The standoff comes as the IEC is in the process of recruiting a substantive Director of Elections. Last week, the commission advertised the position externally.

“The IEC …..seeks to recruit a suitably qualified, visionary and dynamic individual to fill the position of Director of Elections. The successful candidate must demonstrate exceptional leadership, sound strategic management capabilities and the ability to provide effective direction under the supervision of the Commission,” the advert states.

Legal and operational implications

In his letter, Dr Maphephe warned that the delay in designating Ms Macheli as CAO, while the process to appoint a substantive person was still underway, was creating uncertainty and could undermine the commission’s operations.

“Any delay in the designation of the Chief Accounting Officer creates institutional uncertainty, risks non-compliance with statutory public financial management obligations, and may negatively affect the Commission’s operational readiness,” he states in the letter which the Lesotho Times has seen.

“It may also slow down the implementation of ongoing reforms and weaken coordinated progress across key electoral strengthening programmes.”

He further argued that the designation was critical for institutional reform and financial accountability.

“Accordingly, the timely designation of the Chief Accounting Officer is not only a legal requirement but also a critical enabler of institutional reform, financial accountability, and the effective delivery of the Commission’s constitutional mandate of ensuring free, fair and credible elections.”

The letter further states that legal advice obtained by the commission indicates that the Ministry of Finance has no authority to override or substitute the Commission’s appointment.

“The legal opinion further confirms that the ministry has no authority in law to disregard, override, or substitute the lawful designation flowing from the Commission’s appointment of the Acting Director of Elections.

“The failure to designate the Acting Director of Elections as CAO constitutes a breach of statutory duty and is inconsistent with the principles of legality, rationality, accountability and the rule of law.”

According to Dr Maphephe, the failure to designate Ms Macheli also undermines the constitutional independence of the IEC and hampers the lawful financial administration of the institution.

“Such failure undermines the constitutional independence of the IEC and impairs the lawful financial administration of a constitutionally mandated institution.

“The minister’s obligation under section 4(g) of the PFMAA is peremptory, and the exercise of this function is guided by a functional test rather than discretion as to personal preference.”

Electoral reforms at risk

Dr Maphephe also stressed that the designation was essential for lawful financial control and accountability over public funds appropriated by Parliament.

He said the issue should be viewed within the broader context of electoral reforms currently being implemented by the Commission.

“The Commission is currently making steady and measurable progress in implementing key recommendations of regional and international observation missions, including the SADC Electoral Observation Mission and the European Union Election Observation Mission.

“These reforms include the strengthening and modernization of the electoral register, institutional capacity building for improved performance, enhanced stakeholder engagement and expanded civic and voter education initiatives.”

PM, DCEO drawn into dispute

Speaking to the Lesotho Times this week, Dr Maphephe confirmed that Dr Matlanyane had formally responded to the commission’s letter.

“The Minister of Finance and Development Planning said she does not have a problem with granting us the designation, but she has a problem with the person appointed,” he said.

He said Prime Minister Sam Matekane had been drawn into the matter and had attended meetings between the parties.

According to Dr Maphephe, the commission had submitted legal opinions from Attorney Qhalehang Letsika and Advocate Tekane Maqakachane supporting its position.

“The Prime Minister has taken part in this matter. We went to the Minister of Finance and Development Planning with two legal opinions from senior legal experts who are our constitutional minds; Attorney Letsika and Adv Maqakachane.

“We have given the Prime Minister these legal opinions. We had two meetings with the Prime Minister and, surprisingly, during our meetings, the Prime Minister called the DCEO office.”

Dr Maphephe said both the DCEO and Dr Matlanyane maintained that Ms Macheli was under investigation.

“The DCEO and the Minister of Finance and Development Planning were saying that the person we want to appoint is under investigation. It is just a scapegoat being used so that we do not work with her because, as a Commission, we do not have anything relating to the investigation.”

He said the DCEO had previously written to him advising the commission to engage the ministry and ensure that Ms Macheli acted within the law in assuming the role of CAO of the IEC. It is not clear what had prompted the DCEO to write the letter.

“The surprising issue is that the very same DCEO, two days before our meeting with the Prime Minister, wrote a letter to me stating that one of their responsibilities is not only to investigate and arrest but also to advise, and their advice is that we should have discussions with the minister and that Ms Macheli should be legally appointed to the post, which we have done”

Court action looming

After hearing from the Prime Minister and the minister that Ms Macheli was being probed, Dr Maphephe said he later wrote to the DCEO accusing it of being used to unfairly block Ms Macheli’s appointment.

“After hearing this issue where it is said that the DCEO are investigating Ms Macheli, I wrote to the DCEO Director General (Brigadier Advocate Mantšo Sello) and told him that they were creating a ruse against one of the commission’s senior staff members to deny her the opportunity to work as a Mosotho woman.”

He also claimed that Deputy Attorney General, Advocate Makhele Sekati, had expressed support for the IEC’s position.

“Yesterday (Monday), I received feedback indicating that the Deputy Attorney General does not agree with the government regarding this issue and agrees with us that Ms Macheli should be given that position.”

Dr Maphephe said the commission was now preparing to approach the courts.

“The only option we have now is to go to court. Even if she is given the designation today or tomorrow, I want our lawyers to continue pursuing the litigation.

“This is to set a precedent so that it becomes clear that the IEC is independent and that the government should never interfere in its business.

“We want the court to give us the proper interpretation and application of the law so that, in future, we do not find ourselves in a similar situation again.”

However, DCEO spokesperson, ‘Matlhokomelo Senoko, denied that any case had been opened against Ms Macheli.

“We do not have such a case. The Director General (Sello) has also denied knowledge of this issue regarding IEC,” Ms Senoko said.

Contacted for comment, Dr Matlanyane referred this publication to her ministry’s spokesperson, Keneuoe Mojaki, who said she was not at work but would enquire.

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