Moorosi Tsiane
A FRESH legal battle has erupted within the troubled Basotho Action Party (BAP), with the suspended deputy leader, Motlatsi Maqelepo, now challenging the constitutionality of the party’s own constitution.
Mr Maqelepo yesterday dragged the party before the Constitutional Court, challenging the Central Executive Committee (CEC)’s decision to dissolve its constituency executive committees.
In his application, Mr Maqelepo also wants the court to declare section 9.2.4 of the BAP constitution as unconstitutional, null, and void, as it is inconsistent with the Constitution of Lesotho. All laws including constitutions of political parties must comply with the national Constitution.
He further wants the court to overturn the CEC’s decision to dissolve the terms of office of its other lower structures like constituency and branch executive committees saying the move violated the BAP constitution. This were dissolved through a 31 December 2024 circular. He also challenges the appointment of interim committees to replace those dissolved.
Additionally, he seeks an interdict to stop the BAP from holding elections for substantive office holders in the dissolved lower structures.
Mr Maqelepo’s application comes after his seven-year suspension from the party was lifted by the High Court, which ruled that the BAP could not have proceeded with disciplinary action against him while his case was still pending before the court. The BAP has since appealed that ruling.
In his founding affidavit, Mr Maqelepo said his suspension and the dismissal of some constituency executive committees stemmed from a letter these constituencies wrote to the BAP CEC requesting a special National Conference in terms of Article 7.8 of the BAP constitution.
The BAP has six Proportional Representation (PR) seats in the National Assembly. It became part of the Sam Matekane-led coalition in November 2023, with the BAP leader, Professor Nqosa Mahao, appointed Minister of Energy.
“When Prof Mahao and Prime Minister Matekane could not see eye to eye, for reasons unknown to me, Prof Mahao was sacked as a minister, and he sought to pull the party out of government support (sic); a move which was not blessed or agreed to by the BAP parliamentary caucus,” Mr Maqelepo states.
“The position taken by the parliamentary caucus was a democratic move taken not only in the interests of BAP but also in the national interest to ensure government stability and continued economic growth, which might otherwise be affected should BAP pull out of the government, causing instability in the balance of power in the National Assembly. Despite the justification aforesaid, Prof Mahao was greatly enraged, causing confusion and disunity in the party.
“Sometime in November 2024, the Berea constituencies invited me to a joint meeting at Teyateyaneng to shed light on the issues and the different positions taken by the leader and the BAP parliamentary caucus. I attended the meeting.”
According to his court papers, his attendance at the meeting was perceived as a mistake by the party leader, Professor Mahao, who subsequently slapped him and the party’s parliamentary caucus chairman, Tello Kibane, with a show-cause letter on 29 November 2024.
He responded on 5 December 2024 but was subsequently suspended on 9 December 2024, pending a disciplinary hearing on 2 January 2025, which he did not attend.
He said the dissolution of lower structures was a vindictive move as those targeted had supported him and the BAP caucus’ decision to remain in the government.
The dissolution is thus “unconstitutional, invalid, null, and void, and violates the rule of law.
The matter will be heard by the Constitutional Court on 4 February 2025.
