Lesotho Case Law

Pela-T'soeu No. 10 Constituency Committee of Basotho Congress Party v Basotho Congress Party and Another (CIV/APN 360 of 8)

Pela-T'soeu No. 10 Constituency Committee of Basotho Congress Party v Basotho Congress Party and Another (CIV/APN 360 of 8) [2011] LSHC 129 (22 June 2011)

Court

High Court

Case number

CIV/APN 360 of 8

The application was dismissed because the applicant failed to comply with the mandatory requirements of the party constitution for convening a Special General Conference (specifically, the lack of support from at least ten constituencies), and because only the Annual General Conference has the authority to elect the National Executive Committee. The court also found that the applicant's use of a different party name and lack of recognition by the respondent further undermined its standing.

Source excerpt

• Political party constitutions
• Internal party disputes
• Locus standi
• Party elections
• Judicial non-interference in political disputes

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Lepitikoe & Others v National Executive Committee Lesotho Congress for Democracy (NEC) & Another, Moeno & Others v National Executive Committee of LCD (NEC) Lesotho Congress for Democracy (LCD) & Another (CIV/APN/37/2001; CIV/APN/38/2001)

Lepitikoe & Others v National Executive Committee Lesotho Congress for Democracy (NEC) & Another, Moeno & Others v National Executive Committee of LCD (NEC) Lesotho Congress for Democracy (LCD) & Another (CIV/APN/37/2001; CIV/APN/38/2001) [2001] LSCA 70 (10 July 2001)

Court

Court of Appeal

Case number

CIV/APN/37/2001 ; CIV/APN/38/2001

The NEC failed to follow the party constitution and principles of natural justice in disbanding the constituency committees and excluding the applicants from the AGM. No evidence was provided of proper procedure, notice, or hearing. The purported disbandment was a nullity, and the applicants, as elected delegates, are entitled to participate in the AGM.

Source excerpt

• Right to fair hearing
• Internal party democracy
• Procedural fairness
• Interpretation of party constitutions

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Stadium Area No.31 Constituency v Qhobela and Others (CIV/APN 340 of 2000)

Stadium Area No.31 Constituency v Qhobela and Others (CIV/APN 340 of 2000) [2000] LSCA 113 (20 November 2000)

Court

Court of Appeal

Case number

CIV/APN 340 of 2000

The court dismissed a constituency’s urgent challenge to a party conference and NEC election, finding unclear locus standi, delay, factual disputes, and better internal remedies.

• Locus standi
• Joinder of parties
• Internal party democracy
• Delay in institution of proceedings
• Membership rights
• Interdicts

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Cekwane and Others v Basotho National Part and Others (CIV/APN 245 of 18)

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

Court

High Court

Case number

CIV/APN 245 of 18

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 applic…

Source excerpt

• Locus standi
• Jurisdiction
• Interpretation of party constitutions
• Procedural fairness in elections
• Declaratory relief

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