Moorosi Tsiane
MOTLATSI Maqelepo remains suspended as Basotho Action Party (BAP) deputy leader despite a court order lifting his seven-year suspension from the party.
This according to a statement issued by the BAP’s central executive committee (CEC) this week after the High Court set aside last week’s suspensions of Mr Maqelepo and the party’s parliamentary caucus chairman, Tello Kibane. Mr Kibane had been suspended for five years.
They were suspended despite their pending High Court case challenging BAP leader, Professor Nqosa Mahao, and the CEC’s decision to subject the duo and others to a disciplinary process.
Justice Molefi Makara this week granted interim reliefs, staying any action against Messrs Maqelepo and Kibane pending the finalisation of their main High Court application.
Justice Makara’s ruling effectively nullifies the BAP’s actions but the party thinks otherwise, possibly vindicating Mr Maqelepo’s argument that it pays lip service to the rule of law despite its leader Mahao being a law professor.
Justice Makara further ruled that the High Court has jurisdiction to preside over the matter, dismissing the CEC’s argument that the court lacked authority over disciplinary proceedings involving political party members. He stated that parties must await judicial determination of all issues before court. Not doing so violated the sub judice principle.
The court found that the CEC should have refrained from pursuing the disciplinary process after being served with court papers on 13 December 2024, challenging the proceedings.
On 29 November 2024, Mr Maqelepo had been served with a show cause letter, requesting him to explain why he should not be suspended and charged.
He responded on 5 December 2024, but was subsequently suspended on 9 December 2024 by Prof Mahao, pending a disciplinary hearing on 2 January 2025 which he did not bother to attend.
The 7 January suspension letter to Mr Maqelepo, written by PAD Deputy Secretary General, ‘Mamabusane Victoria Qheku, stated that the deputy leader had been found guilty by default on all seven charges brought against him.
The letter went on to explain that the disciplinary committee had recommended Mr Maqelepo’s dismissal from the BAP due to the “egregious offences” he was found guilty of.
However, the CEC had reviewed the verdict and decided to moderate the penalty, reducing it to a seven-year suspension effective from 7 January 2025 to 7 January 2032.
Mr Maqelepo was stripped of his deputy leader position and barred from participating in any of the party’s committees and activities.
Mr Maqelepo and Mr Kibane’s letters were similar in composition but differed only on the dates and charges.
In the main application yet to be heard by the High Court, Mr Maqelepo argued that Prof Mahao acted beyond his powers in suspending him on 9 December 2024. The party’s constitution did not give him unilateral powers to suspend members. He also rejected all the other accusations raised against him.
The High Court’s interim ruling keeps Messrs Maqelepo and Kibane as active BAP members while their case continues.
However, the BAP argues in its statement that the 9 December 2024 suspension of Mr Maqelepo was still alive as it was issued before 13 December 2024 when Messrs Maqelepo and Kibane ran to court.
“The suspension of Honourable Maqelepo which was issued by the BAP leader before he (Maqelepo) launched a case in the High Court is not affected by this ruling by Justice Makara. Therefore, Honourable Maqelepo remains suspended from all party activities until he reappears before the disciplinary committee.”
The CEC’s lawyer, Advocate Lintle Tuke, also noted an appeal before the Court of Appeal, seeking the review of Justice Makara’s ruling.
Mr Maqelepo could not be reached for comment as his mobile phone rang unanswered.
