If the bench will find in their favour, the applicants also request that on the basis of grounds that would find Dr Thabane to have acted wrongly, then he should also be declared as no longer fit and proper to hold the office of the Prime Minister of the country and therefore the King should cause for his dismissal and a new Prime Minister be appointed in line with the prescripts of the Constitution of Lesotho.
The applicants have insisted that they are rightfully before the court adding that the decision to prorogue the parliament by the Prime Minister is unconstitutional therefore should be declared null and void.
The applicants, which consist of Basotho National Party (BNP) – the third partner in the four party coalition government led by Prime Minister Thabane, Democratic Congress (DC) which is the main opposition party and some disgruntled members of the All Basotho Convention (ABC) of Prime Minister Thabane - are seeking an interim relief to the effect that the operationalisation and execution of the Government Gazette, Legal Notice No.21 of 2020 “purported to be acting pursuant to Section 91 (3) of the Constitution of Lesotho 1993 (as amended”) be stayed and or interdicted pending finalisation of this matter.
They are also seeking final reliefs in that the decision to prorogue parliament to the provisions of Section 91 (3) of the Constitution of Lesotho 1993 (as amended) be reviewed, corrected and set aside. They are requesting that the above mentioned gazette be declared a nullity.
