ABC Deputy Leader Tlali Khasu
Tefo Tefo
ALL Basotho Convention (ABC) deputy leader Tlali Khasu on Tuesday failed in his bid for an interim High Court order invalidating his suspension from the party’s National Executive Committee (NEC) until the finalisation of his court challenge against the same suspension.
Mr Khasu filed an urgent application before the High Court on Friday last week challenging his suspension from the ABC’s NEC.
He was suspended on 18 September 2016 allegedly by party leader and former premier Thomas Thabane.
Mr Khasu was suspended for three months for allegedly castigating Dr Thabane over a local radio station.
Among others, Mr Khasu had asked the court to set aside his suspension pending finalisation of the case he filed in court.
However, High Court judge Justice Tšeliso Monaphathi refused to grant the relief; instead he said the case would be heard on Monday next week.
In refusing to grant the interim order, Justice Monaphathi remarked: “How does it look when the committee suspends him and tomorrow he is back?
“You cannot ask for an interim order that has the character of a final order.”
This was after Mr Khasu’s lawyer Advocate Letuka Molati asked that his client’s suspension be stayed pending finalisation of the case.
The judge ordered: “Applicants to serve replying affidavit by the end of 28 September 2016 and to file heads of argument by end of Friday.
“The matter will be argued on Monday the 3rd September 2016.”
Advocate Molati then suggested that the application be argued and finalised before the re-opening of parliament on Friday next week, “because there might be things happening in between”.
He did not mention what things he was referring to.
Mr Khasu is seeking an order that Dr Thabane’s act of suspending him be “declared null and void ab initio (from the beginning)”.
Alternatively he is seeking for Dr Thabane’s act of suspending him to be “reviewed, corrected and set aside on grounds of irregularity”.
Mr Khasu also complained he was suspended without being afforded a hearing.
However, Advocate Ranale Thoahlane who represented Dr Thabane, ABC’s NEC and ABC as first, second and third respondents respectively, said his clients did not consider the matter as urgent.
“We will argue the question of urgency on Monday because the day on which the applicant was suspended and the day he came to court do not show urgency,” Advocate Ranale Thoahlane said.
