Mokhitli v Motinyane (CIV/APN/106/2021) [2022] LSHC 232 (29 September 2022)

Mokhitli v Motinyane (CIV/APN/106/2021) [2022] LSHC 232 (29 September 2022)

Applicants failed to establish any justifiable grounds for the court to nullify the elections; the issues raised are purely political and should be resolved internally by the party. No illegality, irrationality, or unfairness was proven.

Citation
[2022] LSHC 232
Parties
Applicant: Silase Mokhitli; Applicant: Semonko Lesenyo; Applicant: Mako Chobokoane; Applicant: Khoale Thebe; Applicant: Thabo Nkeshi; Applicant: Mathabo Mokalanyane; Respondent: Motinyane Motinyane; Respondent: Matsekiso Motinyane; Respondent: Matokelo Morie; Respondent: Mphonyane Kekana; Respondent: Nondabezithe Babeli; Respondent: Lelimo Monese; Respondent: National Executive Committee of All Basotho Convention; Respondent: All Basotho Convention; Respondent: Montoeli Masoetsa; Respondent: Maseeng Maputsoe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 September 2022
Case Number
CIV/APN/106/2021
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Internal Party Disputes, Judicial Review, Political Party Elections, Costs for Non Disclosure
Source Language
English
Election Law Political Parties Law Internal Party Disputes Judicial Review Political Party Elections Costs for Non Disclosure

Case Brief

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Parties

Silase Mokhitli

Applicant

Semonko Lesenyo

Applicant

Mako Chobokoane

Applicant

Khoale Thebe

Applicant

Thabo Nkeshi

Applicant

Mathabo Mokalanyane

Applicant

Motinyane Motinyane

Respondent

Matsekiso Motinyane

Respondent

Matokelo Morie

Respondent

Mphonyane Kekana

Respondent

Nondabezithe Babeli

Respondent

Lelimo Monese

Respondent

National Executive Committee of All Basotho Convention

Respondent

All Basotho Convention

Respondent

Montoeli Masoetsa

Respondent

Maseeng Maputsoe

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicants established grounds for review of the Thetsane Constituency Committee elections of 2nd July 2022 as irregular and null and void ab initio
  2. 2 Whether the court should intervene in internal political party disputes

Ratio Decidendi

Applicants failed to establish any justifiable grounds for the court to nullify the elections; the issues raised are purely political and should be resolved internally by the party. No illegality, irrationality, or unfairness was proven.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs to be borne by 2nd, 4th and 5th applicants jointly and severally.
  • 1st, 3rd and 6th applicants to bear costs associated with their withdrawal jointly and severally.