…as he prepares to launch another case at the Constitutional Court
Moorosi Tsiane
SUSPENDED Basotho Action Party (BAP) deputy leader, Motlatsi Maqelepo, says he is not backing down on his quest to retain his position within the party.
This after the Court of Appeal on Friday upheld BAP leader Professor Nqosa Mahao and the party’s central executive committee (CEC)’s decision to suspend Mr Maqelepo and BAP parliamentary caucus chairperson, Tello Kibane, for seven and five years respectively.
On 29 November 2024, Mr Maqelepo was served with a show-cause letter, requiring him to explain why he should not be suspended and charged. He responded on 5 December 2025, but was subsequently suspended by Prof Mahao on 9 December, pending a disciplinary hearing set for 2 January 2025, which he did not attend.
In a letter dated 7 January 2025, written by BAP Deputy Secretary General ‘Mamabusane Victoria Qheku, Mr Maqelepo was found guilty by default on all seven charges brought against him.
The letter further stated that the party’s disciplinary committee had recommended Mr Maqelepo’s expulsion due to the “egregious offences” he was found guilty of. However, upon review, the CEC opted for a moderated penalty—a seven-year suspension, effective from 7 January 2025 to 7 January 2032.
As a result, Mr Maqelepo was stripped of his deputy leadership post and barred from participating in any party committees or activities.
Mr Kibane received a similar letter, differing only in dates and specific charges. Both Messrs Maqelepo and Kibane are among the four BAP Members of Parliament who opposed Prof Mahao’s decision to withdraw the party from the coalition government. This followed Prof Mahao’s dismissal as Energy Minister by Prime Minister Sam Matekane in November 2024.
The other two dissenting MPs are ‘Mamoipone Senauoane and Hilda Vanrooyen. Prof Mahao only has the support of one BAP MP, ‘Mannyaneso Taole. Speaker of the National Assembly, Tlohang Sekhamane, has since rejected Mahao’s attempt to formally withdraw the BAP from the government.
The decision to suspend Messrs Maqelepo and Kibane was taken despite an ongoing High Court case challenging Prof Mahao’s authority to refer them and others to the disciplinary committee. That had prompted the duo to approach the same court, where Justice Molefi Makara ruled their suspensions null and void, citing the principle of sub judice, which prohibits action on matters still before the courts.
Unhappy with the ruling, Prof Mahao escalated the matter to the Court of Appeal, where Justices Phillip Musonda (Zambia), Moses Chinhengo (Zimbabwe), and Johan van der Westhuizen (South Africa) heard the case. On Friday, the apex court ruled in Prof Mahao’s favour, with Court of Appeal President Prof Kananelo Mosito reading the order.
“The appeal succeeds, and the order granted by the High Court on 14 January 2025 is set aside,” read Prof Mosito.
Prof Mahao, visibly elated, celebrated the ruling outside the court with his supporters.
He said the ruling cleared the way for BAP’s withdrawal from the coalition government, and he would now formally inform Speaker Sekhamane of BAP’s move to the opposition benches.
“The seven-year suspension now stands legally, and Mr Sekhamane cannot count Maqelepo and Kibane as part of the BAP parliamentary caucus, as they are suspended from all party activities,” said Prof Mahao.
“They are no longer members of the caucus. We will now request the Speaker to accept the caucus’s decision to leave the government. We are no longer part of the coalition.”
Prof Mahao labelled Mr Matekane’s government as corrupt, declaring that the BAP or its members could not remain associated with it.
“Anyone who continues to side with a corrupt government cannot remain a BAP member. We’ve made our position clear, BAP is out. If any of our MPs stay in government, they’ve effectively crossed the floor in terms of section 188(b) of the National Assembly Electoral Act 2011,” he added.
However, Mr Maqelepo insisted the battle was far from over, announcing plans to lodge another application at the Constitutional Court.
“For now, BAP remains part of the government. Prof Mahao has not officially crossed to the opposition. The BAP caucus maintains its stance, we are still part of the coalition. This ruling doesn’t change that,” he said.
“Their appeal was based on the claim that we approached the wrong court. The Court of Appeal has agreed with them on that point. So now, we are taking the matter to the Constitutional Court.”
Mr Maqelepo also revealed plans to convene a BAP special conference, stating that it was ultimately the party’s supporters who should decide the way forward—not the courts.
“At the end of the day, political disputes must be resolved by party members through the AGM or a special conference. I am working on calling a special conference where BAP supporters will determine the future,” he said.
“I will continue to serve the party until the AGM decides otherwise. And this is only the beginning, there is a litany of cases to follow. One is already before the Constitutional Court, challenging Prof Mahao’s alleged illegal dismantling of the BAP CEC committee.”