Moorosi Tsiane
THE elective conference of the Basotho National Party (BNP) has descended into a legal battle after a disgruntled party member accused the newly elected leadership of rigging the process and unlawfully blocking him from contesting for the deputy leader position.
The fallout comes just days after the party’s annual conference held at Leqele High School on 16 and 17 May, where Machesetsa Mofomobe retained his position as BNP leader.
Besides Mr Mofomobe retaining the leadership post, the conference elected Samuel Makatse as deputy leader, Masheane Rapholo as chairperson, and Manyalleng Lefoka as deputy chairperson.
Other elected officials include Keneuoe Mohale as secretary general, Rethabile Makara as deputy secretary general, Keletso Mphoso as treasurer, and Masetota Leshota as spokesperson.
Hlotse constituency member Bereng Makotoko has accused senior party officials of manipulating the conference, violating the BNP constitution, and orchestrating what he describes as his unlawful exclusion from the gathering to prevent him from contesting the influential deputy leader position.
Mr Makotoko says the conference was fundamentally flawed from the outset.
In papers filed before the High Court through his lawyer, Advocate Rethabile Setlojoane, Mr Makotoko seeks an urgent order interdicting and restraining Mr Mofomobe from assuming office as BNP leader pending finalisation of the matter.
He also wants the court to declare the entire conference null and void and set aside all decisions taken during the elective gathering.
The respondents in the matter include Mr Mofomobe, outgoing secretary general Mapulumo Hlao, Mr Makatse, the Credentials Committee, the Foundation for Human Rights and Democracy Development, the incoming National Executive Committee (NEC), the outgoing NEC, and the BNP itself.
Mr Makotoko is joined in the application by the Mahobong, Qoaling, Phamong, Qeme, and Bela-Bela constituencies.
At the centre of the dispute is the decision by the BNP Credentials Committee to deny Mr Makotoko entry into the conference on grounds that he had allegedly been nominated by Mahobong constituency instead of his home constituency of Hlotse.
However, Mr Makotoko argues that the committee acted outside the BNP constitution and unfairly singled him out.
“I must disclose to the court that I was elected by Mahobong Constituency Committee under clause 16(a)(vii) to form part of its delegation at the elective conference of the BNP.
“This practice and custom has been done in previous elective conferences and even in the present conference, the subject matter of the dispute, where other members of the BNP were allowed into the conference while I was denied entry and barred by the Credentials Committee appointed with the participation of Mr Mofomobe and Ms Hlao.
“On the day of the elective conference, I was not allowed to attend and participate by the Credentials Committee of the BNP on the ground that I was elected by Mahobong Constituency to form part of their delegation as opposed to my own constituency being Hlotse. The conference proceeded in my absence and I was forced to remain in the vehicle and not participate,” said Mr Makotoko in his affidavit.
According to court papers, delegates from the Hlotse constituency attempted to intervene and confirm that Mr Makotoko was a legitimate delegate, but their pleas were allegedly ignored.
“I wish to bring it to the attention of the court that the members of the Credentials Committee indicated in no uncertain terms that they would not allow me to participate,” he said.
“The delegates from Hlotse constituency, including the secretary, informed the members of the Credentials Committee that I was a bona fide and legitimate delegate… the Credentials Committee overruled them and made a decision not to allow me to participate.”
Mr Makotoko further claims the alleged campaign against him intensified once his name emerged as a possible candidate for deputy leader.
In one of the most explosive claims contained in the affidavit, he accuses Mr Mofomobe of personally intervening to remove his name from the nomination process.
“When my name was nominated during the elective conference for the position of deputy leader, Mr Mofomobe, who had just been declared winner for the position of party leader, instantly rose and grabbed the microphone,” the affidavit reads.
“He uttered words to the effect that I was non-suited to contest for the position of deputy leader of the BNP and directed that my name be removed from the nominees’ list.”
Mr Makotoko says the justification used against him was based on what he describes as a false interpretation of the BNP constitution.
“His contention was premised on the misguided belief that the constitution of the BNP disqualified me from contesting because I was not physically present at the conference by virtue of the decision of the Credentials Committee to disallow me from participating,” he states.
He argues there is no clause in the BNP constitution requiring candidates to be physically present at the conference in order to contest for office.
“In terms of the BNP constitution there is no constitutional clause that requires candidates to be appointed from their respective constituencies,” he argues.
“All that is required is that the delegates should have been appointed by the constituency committees in terms of clause 16(a)(vii) of the BNP constitution.
“Therefore, in the absence of any specific provision disqualifying me from participation in the elective conference of the NEC, I aver that my ouster was both unlawful and unconstitutional.”
Mr Makotoko also accuses the Foundation for Human Rights and Democracy Development of failing to accord him a fair hearing before stripping him of his right to participate in the elections.
“The Foundation for Human Rights and Democracy Development did not ask that I be called to state my case and my right to be elected was taken away, nor did they give the conference the chance to deliberate on the issue and vote on the subject and decide it once and for all,” he said.
He says the decision violated the principles of natural justice.
“As is the normal procedure, I am advised that it is a trite principle of law that where an adverse decision is to be taken against a person, such person is supposed to be given an opportunity to state his case. They ought to have invited me to make representations before taking such a prejudicial decision to remove and exclude my name from the list of nominees.”
In a further attempt to expose what he describes as selective application of party rules, Mr Makotoko cited a historical example from the BNP’s past.
He says there have been several instances where people who were not delegates at conferences were nevertheless nominated and elected into senior party positions without objection.
“It is my contention that it has happened in the past that people who were not delegates to a conference have been nominated from the floor and such nominations proceeded unchallenged,” he said.
“In 2003, at a national conference held at the Convention Centre, Mr Sera Mollo was nominated while not being a delegate and was actually seated in the gallery.
“He was nominated for deputy leader of the party, won the election, and went on to become deputy leader.”
Mr Makotoko argues that the alleged rule used against him “is false and non-existent in the BNP constitution and completely against the norms of the party”.
He wants the court to review and set aside the decision of the Credentials Committee to disqualify him from participating in the conference.
He further seeks an order declaring the elections “null and void and of no legal force and effect”.
Alternatively, he wants the court to direct the BNP and outgoing secretary general, Mapulumo Hlao, to organise fresh elections for the deputy leader position within 30 days.
Mr Makotoko also wants the outgoing NEC to remain in office until the dispute is finalised.
The urgent application is expected to be argued before the High Court on Tuesday.