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ABC elections nullified

May 8, 2019 2 min read

2 min read

Acting Chief Justice (ACJ) ‘Maseforo Mahase on Wednesday issued a court order declaring the proceedings and outcome of the elective conference of the All Basotho Convention (ABC) party held on February 1 and 2, 2019 null and void.

Justice Mahase made an order having heard Advocate Thulo Hoeane for the three petitioners being Motseki Lefera, ‘Matumisang Ntiisa and Martha Makhohlisa and having read papers filed of record. The order also states that the respondents being the party and its National Executive Committee (NEC) should continue to execute the functions of the NEC in line with the constitution of the party for a period not exceeding twelve months from May 8, 2019 as an interim NEC.

It further states that the interim NEC should make all the necessary operations with the relevant structures of the party to effect the requisite amendments to the constitution of the party to make provision for the election of all members of the NEC which are not currently provided for in the constitution of the party.

The applicants were all members of the party and were part of the voting delegates during the February 2019 elections. Lefera is from Mechechane constituency while Ntiisa and Makhohlisa are from Mabote constituency. However, the court was on the same day, Wednesday afternoon, expected to hear the points of law in a case in which two factions of the party are fighting over the results of the February NEC elections.

In this case where the applicants: Habofanoe Lehana, Keketso Sello and Mohapi Mohapinyane, are asking the court to ask the 44 respondents to show cause if any, why the first respondents being ABC shall not be interdicted from confirming its purported new national executive committee elected during its recent conference pending finalisation of this case.

The applicants also want the party’s NEC to show cause, why it shall not be interdicted from handing over the properties of the party to
the purported newly elected committee pending the final determination of this application.

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Applicants also want the respondents to show reasons why the purported newly elected members of the party’s NEC shall not be interdicted from assuming the administration of the party pending finalisation of this case.

They again want the same respondents to say why the NEC election results announced by the Lesotho Council of Non-Governmental
Organisation (LCN) shall not be declared null and void.

The three applicants further want the party and its NEC to show cause why they cannot be ordered to prepare for and hold fresh election
within a period of three months of finalisation of this case.

Alternative to the above two prayers, the applicants want the respondents to tell the court why it cannot direct that the complaints be directed to the dispute resolution committee in terms of the party’s constitution.

The applicants are represented by Advocate Rapapa Sepiriti while the respondents are represented by Attorney Khotso Nthontho and Advocates Nkoea Hlaele and Patsa Mohapi.


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