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Constitutional law [2020] LSHC 28

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)

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…

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