The applicants Habofanoe Lehana, Keketso Sello and Mohapi Mohapinyane had requested the court to ask the 44 respondents to show cause if any, why the first respondent being ABC should not be interdicted from confirming its purported new NEC elected during the February conference, pending determination of the matter. The applicants also wanted the party’s NEC to show cause, why it should not be interdicted from handing over the properties of the party to the alleged newly elected committee, pending the finalisation of the case.

Applicants further wanted the respondents to explain why the purported newly elected members of the party’s NEC should not be interdicted from assuming the administration of the ABC, pending completion of the application. They again wanted the respondents to show why the NEC election results announced by the Lesotho Council of Non-Governmental Organisation (LCN) should not be declared null and void. Lehana, Sello and Mohapinyane further wanted ABC and its NEC to show cause why they could not be directed to prepare for and hold fresh election within a period of three months of completing the matter.

The matter was brought before the Appeal Court after a controversial ruling made by the Acting Chief Justice ’Maseforo Mahase favouring the applicants. But the Appeal Court referred the case back to the High Court, ordering that it be assigned to a different judge and dealt with on merits. In her ruling, Justice Mahase had ordered that an affidavit that the newly elected party secretary general Lebohang had deposed be expunged from the case record. On that point, the Appeal Court ruled that the fate of Hlaele’s affidavit would be determined by the new judge before the High Court.