Cekwane and Others v Basotho National Part and Others (CIV/APN 245 of 18) [2020] LSHC 28 (11 August 2020)

Cekwane and Others v Basotho National Part and Others (CIV/APN 245 of 18) [2020] LSHC 28 (11 August 2020)

The National Executive Committee of the Basotho National Party failed to comply with Article 11(16)(c) of the party constitution by not giving the required 90 days' notice and not specifying the venue for the Annual General Conference. The constituency elections in Qacha’s Nek, Qoaling, Qhalasi and Mafeteng were conducted with procedural irregularities, lack of transparency, and manipulated results, undermining their authenticity and fairness. The applicants, as party members, had standing to enforce the constitution, and the High Court had jurisdiction to review the NEC's actions. The application was granted as prayed.

Citation
[2020] LSHC 28
Parties
Applicant: Odilon Cekwane; Applicant: Mothibeli Rantereko; Applicant: Manthati Tlali; Applicant: Senate Bereng; Applicant: Tanki Daniel Raboroko; Applicant: Makhotso Mafeto; Applicant: Thabiso Majalle; Respondent: Basotho National Party; Respondent: National Executive Committee of Basotho National Party; Respondent: Basotho National Party Constituency Committee for Qacha’s Nek; Respondent: Nthabiseng Makoae; Respondent: MalekhanOe Kekele; Respondent: Matšepang Ntaoana; Respondent: Malekhetho Motloang; Respondent: Maliau Mofammere; Respondent: Koeneho Thatho; Respondent: Electoral Officer for Qacha’s Nek Constituency No. 69, Matsoso Tsoaeli
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 August 2020 17 August 2020 11 August 2020
Case Number
CIV/APN 245 of 18
Procedural Posture
Constitutional/administrative Review / Judgment
Outcome
Application granted as prayed
Legal Topics
Locus Standi, Jurisdiction, Interpretation of Party Constitutions, Procedural Fairness in Elections, Declaratory Relief
Source Language
English
Constitutional Law Administrative Law Political Party Law Locus Standi Jurisdiction Interpretation of Party Constitutions Procedural Fairness in Elections Declaratory Relief

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Parties

Odilon Cekwane

Applicant

Mothibeli Rantereko

Applicant

Manthati Tlali

Applicant

Senate Bereng

Applicant

Tanki Daniel Raboroko

Applicant

Makhotso Mafeto

Applicant

Thabiso Majalle

Applicant

Basotho National Party

Respondent

National Executive Committee of Basotho National Party

Respondent

Basotho National Party Constituency Committee for Qacha’s Nek

Respondent

Nthabiseng Makoae

Respondent

MalekhanOe Kekele

Respondent

Matšepang Ntaoana

Respondent

Malekhetho Motloang

Respondent

Maliau Mofammere

Respondent

Koeneho Thatho

Respondent

Electoral Officer for Qacha’s Nek Constituency No. 69, Matsoso Tsoaeli

Respondent

Procedural Posture

Constitutional/administrative Review / Judgment

Legal Issues

  1. 1 Whether the National Executive Committee of the Basotho National Party complied with Article 11(16)(c) of the party constitution in issuing circulars for the Annual General Conference and constituency elections
  2. 2 Whether the constituency elections in Qacha’s Nek, Qoaling, Qhalasi and Mafeteng were conducted fairly and in accordance with party procedures
  3. 3 Whether the High Court has jurisdiction to review decisions of voluntary associations such as political parties

Ratio Decidendi

The National Executive Committee of the Basotho National Party failed to comply with Article 11(16)(c) of the party constitution by not giving the required 90 days' notice and not specifying the venue for the Annual General Conference. The constituency elections in Qacha’s Nek, Qoaling, Qhalasi and Mafeteng were conducted with procedural irregularities, lack of transparency, and manipulated results, undermining their authenticity and fairness. The applicants, as party members, had standing to enforce the constitution, and the High Court had jurisdiction to review the NEC's actions. The application was granted as prayed.

Court Disposition

Application granted as prayed

Orders

  • Declaratory order that the NEC's circulars and decisions regarding the AGC and constituency elections were invalid for non-compliance with the party constitution
  • Basotho National Party Circular No.3 of 2019 declared null and void ab initio