IEC faces political turmoil over headquarters ownership
MOTSAMAI MOKOTJO
MASERU – The Independent Electoral Commission (IEC) faces political turmoil over its newly acquired headquarters’ ownership over security concerns – and is embroiled in a contentious dispute over, IEC House, located in Maseru West.
Despite purchasing the building for M77 million in March 2024, the IEC has yet to secure full ownership due to political interference and conflicting claims by the government. The situation highlights tensions between institutional independence and executive authority.
The IEC vacated its previous offices at MGC Park, owned by Prime Minister Ntsokoane Matekane, following criticism of a conflict of interest. The new headquarters, IEC House, was acquired using unspent funds from the 2023 local elections budget. The move, according to the Director of Elections Advocate Mpaiphele Maqutu, aimed to eliminate rental costs and ensure operational independence.
Government has since labelled IEC House a “security threat” due to its proximity to State House, the prime minister’s residence. At five stories tall, the building offers a direct view of State House, prompting demands to station the National Security Service (NSS) on the fourth floor.
The IEC vehemently opposes this, arguing that sharing space with a government-controlled agency compromises its autonomy.
Speaking to Public Eye, Advocate Maqutu asserts that housing the NSS violates constitutional guarantees of the IEC’s independence. He likened the situation to the prior conflict at MGC Park, where the prime minister’s ownership of the building cast doubt on electoral fairness.
“We cannot allow agencies controlled by the executive to operate from our premises,” Maqutu stated.
However, law and justice minister, Richard Ramoeletsi, insists that the NSS presence is necessary to protect the prime minister, claiming the building’s height poses surveillance risks.
He also disputes the IEC’s ownership, asserting that the purchase was made on the government’s behalf using public funds, which legally revert to the treasury after elections.
The dispute hinges on conflicting narratives.
The IEC maintains it legally owns IEC House, purchased with its allocated budget with Maqutu accusing government of attempting to “bully” the IEC into relinquishing control.
Government’s counter argues the transaction was temporary, with the Lands Commissioner preparing documents to transfer ownership to the state.
He claims the IEC’s funds were government money, requiring repayment to the consolidated revenue fund.
Maqutu accused local government minister, Lebona Lephema, of attempting to block the IEC’s initial negotiations with Homestead Holdings, the building’s developer.
Lephema allegedly interfered to protect undisclosed interests, further complicating the purchase.
Critics question the government’s motives, suggesting the security rationale is a pretext to monitor the IEC.
Satirical commentary in a local weekly recently mocked the government’s exaggerated security fears, noting nearby buildings pose similar risks.
“After we moved in government approached us, insisting that the building poses a threat to State House,” Maqutu told Public Eye, adding that “this issue will not end well; we bought that building, so we need to register an asset we have according to the auditor general.”
“It is difficult to pinpoint who is resisting giving us the lease, but the person championing this cause, or on whose behalf, is definitely our Minister of Justice and Law. He says the building belongs to the government, but when I produce documents contracting the claim, he doesn’t say anything.”
He further indicated, when pressed about who else he suspects of frustrating their efforts in acquiring a lease: “The Land Administration Authority is controlled by the Minister of Local Government, Chieftainship, Home Affairs and Police, Lebona Lephema, and if he doesn’t want us to receive it, we will not get it.”
“I want to promise you, and I vow that we will get our dues; you cannot turn a financial transaction into a political one,” a fuming Advocate Maqutu said.
He further said it was astounding that after the M77 million, the property’s lease is still registered to Homestead.
When contacted, Ramoeletsi refuted Maqutu’s assertions, noting that the building belongs to the government.
“I don’t know what he’s talking about. After the 2022 elections, a bit of money was left; hence, they asked us if they could get a site,” he said.
“We told them Maseru West was not a suitable location because in case there are electoral disputes, since it’s a residential area with schools, it’s not appropriate. Furthermore, we raised the matter of security since the building overlooks State House,” he said.
This week, according to Ramoeletsi, he met with the IEC chairperson, Mphasa Mokhochane, regarding an alternative office.
“We asked them to bring options for us to look into; at one point, they said they had found one site without structures in Masowe which cost M25 million. Finance refused to accept that amount; thus, we asked them to look at other options,” the minister said.
“I want to repeat this, that place (IEC House) was bought by the government, not the IEC,” he thoughtfully noted.
According to Maqutu, the IEC used to pay M300 000 in rental fees per month for the building which it had occupied since 2014.
When purchasing land, the Land Act 2010 indicates the need to have the involvement of three valuers before finalising a purchase.
Section 58 (2) (a) of the Act indicates that “the value of the property should be certified by an odd number of valuers, one of whom must be the government valuer, considering both the present and replacement value.”
The Act grants the Minister of Local Government extensive powers, especially under Section 12 (1) (h), instructing the Commissioner of Lands to “deal in interests in land on behalf of the State and to execute all documents relating to such dealings subject to directions from the Minister.”
Lebona was not available for comment.
The standoff underscores systemic challenges: Institutional Independence, the IEC’s ability to operate free from political influence is critical for credible elections. Past controversies, such as the 2022 election disputes, highlight the risks of perceived bias; Financial Governance, which shows that the IEC’s cost-saving rationale for purchasing the building is undermined by ongoing legal battles, diverting resources from critical tasks like voter database modernization; lastly, Public Trust, conflicting government narratives – described as communication disability by critics – leads to the risk of eroding confidence in democratic institutions.
The IEC’s struggle for autonomy reflects broader tensions in the country’s democracy.
While the government cites security imperatives, the lack of transparency and conflicting claims over ownership suggest deeper political manoeuvring.
As the standoff persists, stakeholders urge resolution to ensure the IEC can fulfill its mandate ahead of future elections. The case serves as a cautionary tale on the importance of safeguarding electoral bodies from executive overreach.
