BNP activists challenge suspension

MASERU – FIVE suspended Basotho National Party (BNP) members have filed an urgent application in the High Court seeking an order to force party leader Machesetsa Mofomobe to reverse his decision.

Mofomobe suspended the five on the basis that they had attacked the party and insulted him at various radio stations.

He also said the five were unruly and had “acted wrongly and in contravention of the party’s rules and regulations”.

On Tuesday, the applicants – Seeiso Bereng, Mofalali Lebeko, Khotso Phafoli, Makama Monese, and Lebohang Motaung – pleaded with the court to set aside Mofomobe’s decision to suspend them.

They said the suspension would seriously prejudice them as they were approaching the party’s committee’s elections.

The BNP is going to hold the elections this weekend in Butha-Buthe.

All the positions in the committee are up for grabs except the one for the leader.

The applicants argued that Mofomobe’s decision to suspend them was unlawful as he did not give them a fair hearing, saying they were denied an opportunity to give their side of the story.

Through their lawyer, Advocate Lepeli Molapo, they said Mofomobe had “no right or authority to suspend any member of the party unless or until disciplinary proceedings have been instituted against the concerned members”.

“None of us has been served with a charge sheet demonstrating any indiscretion we have committed,” they said.

Advocate Molapo said Mofomobe “acted prematurely and was over-zealous in purporting to suspend” them.

“The said decision to suspend us is highly irregular in that it has been taken by Mofomobe who has no power in law to suspend us in terms of the party’s constitution,” they said.

They said Mofomobe acted contrary to rules of natural justice in that he could have written ‘show cause why’ letters before taking such an adverse decision.

“This is highly prejudicial because the process would disclose the unreasonableness for him to suspend us,” they said.

They said Mofomobe’s decision to suspend them from the party would block them from participating in the upcoming elections as leaders at their local branches.

“He suspended us without an opportunity to be heard,” the applicants said.

The applicants told the court that not only did Mofomobe suspend them without a hearing but also acted contrary to the provisions of the constitution which mandates that a member could only be suspended after being heard by the National Executive Committee (NEC).

They argued that Mofomobe acted without the advice of the NEC.

The applicants said before the decision was taken, there was a meeting of the NEC which was to deliberate on other issues which had nothing to do with them.

But in that meeting Mofomobe who had disseminated the WhatsApp messages then proposed an amendment to the agenda to call the press.

And this was approved by another member who was also actively participating in the meeting.

Then immediately Mofomobe informed the committee that they deserved to be suspended.

Advocate Molapo said this decision had made his clients suffer irreparable harm since they could not be part of the upcoming elections.

In his answering affidavit, Mofomobe said even though the applicants have filed an urgent case, they know very well that they do not qualify to be part of the conference.

They do not meet the criteria set in categories of people who are expected to be at the conference, he said.

He said it was incorrect and impractical for them to attend the conference where they have not been authorised by their constituencies as delegates.

“The people who are expected to participate in the conference are those holding public offices as MPs together with those whose eligibility stem from holding certain honorary offices,” Mofomobe said.

“The applicants do not hold those offices,” he said.

“The BNP and its members would be thrown into a state of disarray if people not authorised to be part of the conference could be granted orders to be part of the conference contrary to the provisions of the constitution.”

He said their application could not be considered urgent and urged the court to dismiss it with costs.

’Malimpho Majoro