ABC Deputy Leader Tlali Khasu
Tefo Tefo
ALL Basotho Convention (ABC) deputy leader Tlali Khasu has suffered another setback after the Court of Appeal upheld his suspension from ABC’s National Executive Committee (NEC).
Mr Khasu had challenged his suspension from the executive committee before the High Court in September this year but he lost the case.
In his appeal, Mr Khasu had argued High Court judge Justice Tšeliso Monaphathi “erred and misdirected himself” in upholding his suspension by ABC leader and former premier Thomas Thabane.
This was after Dr Thabane wrote a letter to Mr Khasu on 17 September 2016 suspending him from the ABC NEC for three months for allegedly castigating the former premier over a local radio station.
According to court papers, the letter was endorsed by the NEC on 18 September 2016 during a meeting held in Ficksburg, South Africa. Thereafter, Mr Khasu was called into the meeting hall where he was given the letter and asked to comment on it.
Court papers also state that Mr Khasu commented on the letter by saying the majority of Basotho expected the party to remain united so they would be ready to take over the government which appeared shaky.
However, on 23 September 2016, Mr Khasu filed an urgent High Court application challenging the suspension on the grounds that he was not afforded a hearing before the decision to suspend him was reached.
In his ruling, Justice Monaphathi dismissed his claim on the grounds Mr Khasu was given an opportunity to comment on the suspension letter.
The judge also ruled there was no irregularity committed in his suspension as both Dr Thabane and the NEC followed the party’s constitution.
But on appeal Mr Khasu argued Justice Monaphathi erred and misdirected himself for dismissing his application. The respondents were Dr Thabane, ABC’s NEC and ABC.
He however lost the case again at the apex court.
The Court of Appeal on Friday ruled that Mr Khasu was given an opportunity to comment of the suspension letter during the committee meeting held in Ficksburg, South Africa on 18 September 2016.
The Court of Appeal said: “It is important to note that the committee had not taken any decision to confirm the suspension before the appellant was called in and upon being given the letter to read, being asked to respond thereto.
“It was only after he had responded and declared that he accepted his suspension, that the committee confirmed the suspension.”
The judgment further reads: “The appellant (Mr Khasu) has not said that he required more time to respond or that he was so taken aback when given the letter to read that he was not in a position to give a rational response.
“The context of this suspension is that it took place within a political party and amongst politicians who are used to stand up for their rights.
“As deputy leader of the party, the appellant no doubt knew that the final decision lay with the executive committee.
“His decision not to take the opportunity to present his case to the committee and his statement to the committee that he accepted his suspension, is in my view dispositive of the matter.”
The court dismissed his appeal with costs.
