Court freezes BNP leadership takeover

Moorosi Tsiane

THE newly elected leadership of the Basotho National Party (BNP) has been blocked from assuming office after the High Court issued an interim order halting party leader Machesetsa Mofomobe and his incoming executive committee from taking control of the party.

Justice Malebona Khabo yesterday ordered the incoming National Executive Committee (NEC) to immediately cease taking office, pending the final determination of an urgent court application brought by disgruntled party member Bereng Makotoko, who is challenging the outcome of the BNP elective conference.

Mr Makotoko successfully obtained an interim interdict restraining the newly elected committee from assuming office, administering party affairs, or exercising the powers and functions of the NEC until the matter is fully argued in court.

The legal dispute stems from the BNP elective conference held at Leqele High School on 16 and 17 May, where Mr Mofomobe retained his position as party leader.

The conference also elected Samuel Makatse as deputy leader, Masheane Rapholo as chairperson, and Manyalleng Lefoka as deputy chairperson.

Other elected officials include Keneuoe Mohale as secretary general, Rethabile Makara as deputy secretary general, Keletso Mphoso as treasurer, and Masetota Leshota as spokesperson.

However, celebrations were short-lived after Mr Makotoko filed an urgent application alleging manipulation of the electoral process, violations of the BNP constitution, and his unlawful exclusion from contesting the deputy leader position.

The matter was argued before Justice Khabo on Tuesday, with Mr Makotoko represented by Advocate Rethabile Setlojoane, while the respondents were represented by Advocate Christopher Lephuthing.

In her interim ruling delivered yesterday, Justice Khabo declared the matter urgent and ordered the outgoing NEC to continue running the affairs of the party until the dispute is resolved.

The court further directed the BNP Credentials Committee to provide Mr Makotoko’s legal team with delegates’ accreditation lists, constituency delegation lists, attendance registers, and all records relating to his disqualification within 14 days.

The Foundation for Human Rights and Democracy Development was also ordered to submit records relating to the nomination process and the decision to exclude Mr Makotoko from contesting for deputy leader.

Both the incoming and outgoing NECs were similarly instructed to furnish the same documentation to the applicant’s legal team.

In court papers, Mr Makotoko is seeking an order declaring the entire elective conference null and void, and setting aside all decisions taken during the gathering.

The respondents include Mr Mofomobe, outgoing secretary general Mapulumo Hlao, Mr Makatse, the Credentials Committee, the Foundation for Human Rights and Democracy Development, the incoming NEC, the outgoing NEC, and the BNP itself.

Mr Makotoko is also supported in his application by the Mahobong, Qoaling, Phamong, Qeme, and Bela-Bela constituencies.

At the centre of the dispute is the Credentials Committee’s decision to bar Mr Makotoko from entering the conference, on the basis that he had allegedly been nominated by Mahobong constituency instead of his home constituency of Hlotse.

However, Mr Makotoko argues that the committee acted unlawfully and selectively.

“I must disclose to the court that I was elected by Mahobong Constituency Committee under clause 16(a)(vii) to form part of its delegation at the elective conference of the BNP,” he said in his affidavit.

“This practice and custom has been done in previous elective conferences, and even in the present conference where other members were allowed in while I was denied entry and barred by the Credentials Committee.”

He further stated that he was forced to remain in his vehicle while proceedings continued without him.

Court papers further allege that delegates from Hlotse constituency attempted to intervene and confirm his status, but were ignored by the Credentials Committee.

Mr Makotoko also claims tensions escalated after his name emerged as a contender for deputy leader, alleging direct interference by Mr Mofomobe.

“When my name was nominated for deputy leader, Mr Mofomobe, who had just been declared winner for party leader, instantly rose and grabbed the microphone,” he said.

“He stated that I was non-suited to contest for the position and directed that my name be removed from the list of nominees.”

Mr Makotoko argues that the BNP constitution does not require candidates to be physically present at the conference in order to contest for office, but only to have been properly nominated by constituency structures.

He further accused the Foundation for Human Rights and Democracy Development of denying him a fair hearing before excluding him from the process.

To support his claim of inconsistency, he cited a historical example involving former BNP deputy leader Sera Mollo.

“In 2003, at a national conference held at the Convention Centre, Mr Sera Mollo was nominated while not being a delegate and seated in the gallery,” he said.

“He was nominated, won the election, and went on to become deputy leader of the party.”

Mr Makotoko is now asking the court to review and set aside the decisions of the Credentials Committee and declare the conference results “null and void and of no legal force and effect”.

Alternatively, he is seeking fresh elections for the deputy leader position to be held within 30 days, while the outgoing NEC remains in office until the dispute is finalised.

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