Big blow for Sekata

MASERU – Teboho Sekata’s attempt to overturn his suspension as the Lesotho Congress for Democracy (LCD) secretary general suffered a blow yesterday after the High Court threw out his challenge.

Sekata had launched an urgent application in the High Court to declare unlawful his leader Mothetjoa Metsing’s letter inviting him to explain why he could not suspend him for bringing the party into disrepute.

Justice Molefi Makara told Sekata that the court does not have a right to rule over events which have not yet happened.

“The court would only review where a decision has been made,” Justice Makara said.

Justice Makara said Metsing had only asked Sekata to ‘show cause why’ he could not be booted out from the national executive committee.

He said a decision had not yet been taken against him.

He said Sekata should go back and follow proper procedures before rushing to court.

Justice Makara said Sekata has to respond to Metsing’s letter and wait for the decision to be made against him.

Only then could he approach the courts, he said.

Justice Makara maintained that the court only has a right to review where a decision has been made.

“It can only review decisions except where the decision might result in grave injustice against the applicants,” he said.

He said Sekata could have responded to the letter and waited for the decision of the leader before rushing to court.

Sekata wanted the court to block Metsing from suspending him from his position as the party’s secretary general.

Sekata had asked the High Court to interdict Metsing from suspending him as the LCD secretary-general pending the outcome of the case.

This came after Metsing penned a scathing letter where he accused Sekata of dragging the party’s image in the mud by, among other things claiming that the leader was plotting to kill him.

Sekata was also accused of reporting Metsing to the police, which resulted in the police going to the party’s offices in search of the leader a week earlier.

Metsing wrote to Sekata instructing him to present reasons why he could not suspend him from the LCD’s national executive committee.

The troubles in the LCD came a few weeks before the party heads to an elective conference that is scheduled for next week. Sekata is challenging Metsing for the party’s top job.

In his court paper, Sekata argued that Metsing was not qualified to suspend him.

This is in spite the fact that the party’s constitution gives Metsing powers to suspend errant members.

Sekata has argued that Metsing has a personal interest in his case.

“I wish to state further that in fact there is a far more sinister motive behind the institution of the disciplinary measures against me,” Sekata said in an affidavit.

He said a circular has been circulated in the constituencies calling for nominations of candidates.

“Although the official nominations from the branches are yet to be submitted to the (national executive committee) to verify which candidates have been nominated to what position, (Metsing) is aware that branches of the party have openly declared their support for me in various senior positions,” he said.

“I am aware that (Metsing) does not want me to compete in the said elective conference and he wants to ensure that I loose (sic), hence the institution of these disciplinary measures.”

Justice Makara’s ruling gives Metsing a leeway to go on and suspend Sekata before March 23’s elective conference.

’Malimpho Majoro