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IEC sued over politicians’ empty manifestos

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The residents of Mafeteng district have petitioned the High Court to order the Independent Electoral (IEC) to establish guidelines to prevent politicians from making inflated, unconstitutional election manifestos that violate fundamental rights, stretch the state’s socioeconomic capacity, and are inconsistent with the country’s available resources.

The move is part of efforts by the residents to hold the government, MPs and state-owned institutions responsible for providing access to basic needs and rights. The residents’ legal action comes as the district grapples with severe water shortages.

In response to what they perceive as a lack of regulation and oversight of election manifestos, the residents have called on the IEC to use its authority to create guidelines that would prevent politicians from making unrealistic promises during their campaigns.

Applicants in the case are Khethisa Mokone, Ngoliloe Seotsanyane, Thoboloko Ntšonyane, Tefo Khunonyane and Seetsa Lesia.

The IEC, MPs for the following constituencies; Qalabane (Retšelisitsoe Matlanyane), Mafeteng (Moeketsi Motšoane),Mafeteng (Hlalele Letšaba), Thaba Phechela (Mohau Hlalele), Thabana Morena (Selibe Mochoboroane) and Phoqoane (‘Matankiso Tekane), ministers of natural resources (Mohlomi Moleko), tourism and environment finance, health, local government and chieftainship, Lebona Lephema, the Water and Sewage Company (WASCO), rural water supply (RWS), Mafeteng district administrator and the Attorney General, Rapelang Motsieloa are cited as respondents in the case.

In their application, the residents describe the devastating transformation of Mafeteng, which once boasted natural resources, fertile land and a diverse ecosystem, but is now a parched region with high unemployment and extreme poverty.

They contend that MPs have a duty to act on behalf of their constituents and protect their fundamental rights, including the right to socio-economic development.

They also assert that when needs arise in the community, as demonstrated by the district’s water crisis, MPs have an obligation to take action and address the challenges, but they have failed, thereby also failing to deliver on the manifesto promises that took them to parliament.

According to the residents, all MPs representing the district of Mafeteng made explicit and or implicit election manifesto commitments, which upon their election, solidified into an enforceable social contract.

They argue that the MPs’ silence and inaction on their water crisis constitutes and dereliction of duty on their part, as they do nothing while the people’s right to life is violated and their environment is degraded. As a result, the legislators are guilty of breaching such contract.

The residents cite that the MPs pledged to uphold the rights-based governance framework enshrined in Chapter II and Chapter III of the Constitution, guaranteeing peace, justice, and prosperity for all.

It is incumbent upon the MPs to take reasonable steps to secure water and environmental justice for their people, they say.

The residents have also demanded that WASCO, as the state-owned water utility, be ordered by the court to efficiently manage the Rasebala dam and ensure a reliable supply of clean water to the Mafeteng Urban area.

They want the court to stop the government, WASCO and RWS from diverting water from several public natural water sources such Luma, Raleting, Tšalima, Patisi, Ha Ratomo and Ha Rakhasapane in an effort to protect and preserve their local water supplies.

They further want the two parties, with immediate effect, to drill for groundwater as a sustainable and environmentally friendly alternative to extracting water from natural resources.

The applicants have also asked the court to recognise that the government’s inaction violates their constitutionally guaranteed rights such as right to life (including access to clean water) and the right to a dignified, healthy environment enshrined in Section 5, 8, 26 and 27 of the Constitution.

In his founding affidavit, Mokone (first applicant), a resident of Paballong who filed the suit as a representative of the people of Mafeteng argues that the social contract between voters and their elected MPs has been breached through failure to fulfil campaign promises regarding sustainable and clean water, enshrined in Section 1, 20 and 71 of the Constitution, 1993.

He contends that the contract is legally binding and enforceable, just like the election manifesto.

“This social contract is binding and enforceable between the human subjects and their political representatives, like MPs from different constituencies. The election manifesto is binding and enforceable if breached by either party i.e MP or voter,” the residents say in their court papers.

On January 8, 2025 WASCO acknowledged the severe scarcity of water in the Mafeteng district which is continuously threatening daily life, straining businesses and essential services, pointing out that it was taking urgent action to address the crisis.

According to WASCO, the Rasebala Dam, commissioned in 1993 and upgraded in 2012 to meet growing demand, has suffered significant siltation, reducing its storage capacity to just 15 percent.

“We acknowledge the severe water scarcity currently affecting Mafeteng, which has disrupted daily life and strained businesses and essential services,” the organisation said.

It indicated that this crisis directly resulted from unpredictable weather patterns linked to climate change, including prolonged droughts and extreme heat waves, compounded by the siltation of the Rasebala Dam, the town’s primary water source.

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