Moorosi Tsiane
SUSPENDED Basotho Action Party (BAP) deputy leader, Motlatsi Maqelepo, will have to wait until 2 May 2025 to know his fate within the party.
This follows a Court of Appeal hearing of an appeal by BAP leader, Professor Nqosa Mahao, challenging High Court Judge Justice Molefi Makara’s January 2025 decision to nullify the BAP central executive committee (CEC)’s suspension of Mr Maqelepo and the BAP parliamentary caucus chairman, Tello Kibane.
Messrs Maqelepo and Kibane were suspended in January for seven and five years respectively.
The CEC’s decision was made despite an existing High Court case challenging Prof Mahao’s authority to refer the duo and others to the party’s disciplinary committee. Justice Makara ruled the suspensions null and void, stating that the CEC had violated the principle of sub judice, which prohibits action on matters pending before the courts.
The CEC had assumed it could proceed since there was no court order which had been issued barring them from proceeding with the disciplinary action, but Justice Makara’s ruling overturned that notion. As a result, Messrs Maqelepo and Kibane, along with similarly affected members, remained active BAP members pending finalisation of their court case.
Justice Makara also dismissed the CEC’s claim that the High Court lacked jurisdiction over party disciplinary processes. He ruled that once matters are before the court, all parties must await its decision and cannot act independently.
The CEC, he added, should have halted disciplinary proceedings once served with court papers on 13 December 2024 from Messrs Maqelepo and Kibane.
Prof Mahao escalated the matter to the Court of Appeal, where his case was heard by Justices Phillip Musonda (Zambia), Moses Chinhengo (Zimbabwe), and Johan Van Der Westhuizen (South Africa) on Tuesday.
Prof Mahao’s lawyer, Advocate Sello Tšabeha, argued that the High Court erred by asserting it had jurisdiction over party disciplinary matters.
“The court should have limited itself to interim reliefs. It has no jurisdiction over internal political matters or issues meant for the Constitutional Court,” Adv Tšabeha argued.
“The High Court wrongfully assumed jurisdiction as the appellants were challenging the constitutionality of the party’s disciplinary jurisdiction.”
In response, Mr Maqelepo’s counsel, Adv Tekane Maqakachane, urged the court to strike off the appeal, arguing it was against interim orders, which are not appealable.
“The High Court’s orders were interim and did not have a final effect. The appeal should be dismissed as the lower court correctly found it had jurisdiction,” Adv Maqakachane said.
The Court of Appeal reserved judgment for 2 May 2025.
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