Marematlou Freedom Party v Lekatsa (CIV/APN/20/2022) [2022] LSHC 95 (31 August 2022)

Marematlou Freedom Party v Lekatsa (CIV/APN/20/2022) [2022] LSHC 95 (31 August 2022)

Applicants proved on a balance of probabilities that the conference purporting to revoke their membership was not lawfully convened and that respondents failed to provide cogent evidence of its legitimacy. The applicants have locus standi and the respondents' registration as NEC members was unlawful.

Citation
[2022] LSHC 95
Parties
Applicant: Marematlou Freedom Party; Applicant: National Executive Committee of MFP; Respondent: Lekatsa; Respondent: Others (1st to 18th Respondents)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
31 August 2022
Case Number
CIV/APN/20/2022
Procedural Posture
Civil Application / Judgment
Outcome
Application granted
Legal Topics
Locus Standi, Party Constitution, Unlawful Registration, Expulsion From Office
Source Language
English
Administrative Law Constitutional Law Locus Standi Party Constitution Unlawful Registration Expulsion From Office

Case Brief

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Parties

Marematlou Freedom Party

Applicant

National Executive Committee of MFP

Applicant

Lekatsa

Respondent

Others (1st to 18th Respondents)

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicants have locus standi to sue in the name of the MFP
  2. 2 Whether the emergency conference of 20-21 March 2020 was lawfully convened
  3. 3 Whether the respondents were lawfully registered as members of the National Executive Committee of the MFP

Ratio Decidendi

Applicants proved on a balance of probabilities that the conference purporting to revoke their membership was not lawfully convened and that respondents failed to provide cogent evidence of its legitimacy. The applicants have locus standi and the respondents' registration as NEC members was unlawful.

Court Disposition

Application granted

Orders

  • The decision of the respondents to hold an annual conference and/or any conference in the names of the MFP is reviewed and set aside as unlawful.
  • It is declared that the first to eighteenth respondents were unlawfully registered as members of the National Executive Committee of the MFP.