BAP Appeals Judge's Ruling

(MENAFN- The Post) MASERU

THE Basotho Action Party (BAP)'s Central Executive Committee has appealed against Justice Molefi Makara's ruling that it has no powers to suspend Motlatsi Maqelepo and Tello Kibane.

Maqelepo is the BAP deputy leader while Kibane is the chairman of the caucus in parliament.

In a ruling delivered on Tuesday, Justice Makara said the party's disciplinary committee did not have the powers to discipline the duo when there is a pending High Court case

The judge also said the executive committee cannot suspend the two when there is a court case seeking to interdict it from doing so.

“The matter is sub judice and it has to be so treated,” Justice Makara said on Tuesday.

The BAP's central executive committee suspended Maqelepo for seven years and Kibane for five years beginning last Tuesday.

Maqelepo's suspension will end on January 7, 2032 while Kibane's will be until January 7, 2030.

Their suspension letters from the BAP deputy secretary general Victoria Qheku, say they should not participate in any of the party's activities

They were suspended in absentia after they refused to attend the disciplinary hearing, which they said was illegal.

Yesterday, the BAP leader, Professor Nqosa Mahao, filed an appeal against the High Court ruling.

Professor Mahao, as the first applicant along with the BAP and the disciplinary committee, argued that Justice Makara had erred and misdirected himself when he said he had jurisdiction to interfere with the internal matters of the party.

He reasoned that the High Court ignored the prayers that are purely constitutional under the 1993 Lesotho Constitution.

He said the court erred and misdirected itself“in granting the interim prayers in the face of a jurisdictional objection where no exceptional circumstances existed, especially where the applicants would have remedies in due cause”.Advertisement

“The Court a quo erred and misdirected itself in granting the interim reliefs retrospectively,” the court papers read.

Maqelepo had earlier argued that there is a court case that is pending in the High Court seeking to interdict the party from charging them in its structures without approval of the special conference he is calling.

He said the party leadership should have awaited the outcome of the case before proceeding with any disciplinary action.

“The party that is led by a professor of law continues to do dismissals despite the issue being taken to the courts,” Maqelepo said.

He said their fate in the party is in the hands of the special conference

He appealed to all the party constituencies to continue writing letters proposing the special conference.

Maqelepo, Kibane, Hilda Van Rooyen, and 'Mamoipone Senauoane are accused of supporting a move to remove Professor Mahao from his ministerial position last year.

They were part of BAP members who asked Prime Minister Sam Matekane to fire Professor Mahao, who at the same time was pushing for the reshuffle of Tankiso Phapano, the principal secretary for the Ministry of Energy.

When Matekane ignored Professor Mahao's demands, the latter withdrew the BAP from the coalition government. That decision was fiercely opposed by the party's four MPs.

Maqelepo started touting members from constituencies to call for the special conference to reverse Professor Mahao and the central executive committee's decision

The central executive committee issued a circular stopping Maqelepo's rallies but he continued, with the support of the other MPs.

In the BAP caucus of six MPs, it is only Professor Mahao and 'Manyaneso Taole who support the withdrawal from the government.

Majara Molupe

Advertisement

MENAFN20012025000229011070ID1109109656