Moorosi Tsiane
FIVE national sports associations have been ordered to “show cause” why their membership with the Lesotho National Olympic Committee (LNOC) cannot be terminated for misconduct.
This follows a protracted battle in the courts between the associations and the LNOC.
The Lesotho Football Association (LeFA), Federation of Dance Lesotho (FEDAL), Lesotho Swimmers Association (LSA), Lesotho Netball Association (LNA) and Lesotho Amateur Athletics Association (LAAA) have been given until Friday to explain why their membership cannot be terminated in the LNOC.
The associations last year filed for arbitration after they complained that the LNOC executive committee violated the regulations when they held elections in February 2017.
The arbitrator, Advocate Monaheng Rasekoai, ruled that fresh elections should be held within a week of his ruling in October 2017. He also ruled that there were fundamental flaws in the election process.
Adv said that “the executive committee’s decision to resolve that members of the executive committee should vote in the election was tantamount to an irregular amendment of the constitution”.
“This was clearly a fundamental flaw that vitiated the entire process.
“The elections held on 26 February 2017 were irregularly conducted and fresh elections must be held within a week of this award in line with regulation 12 of Lesotho National Olympic Committee elections guidelines.”
The LNOC then took the matter the Court of Arbitration for Sport (CAS).
However, CAS dismissed the matter saying the LNOC failed to meet the deadlines for the submission of their supporting documents in their arguments.
Elections were then eventually held and the same committee was retained and the associations queried that the president, Matlohang Moiloa Ramoqopo and her committee violated the constitution by prolonging their stay in office.
Ramoqopo’s committee was accused of contesting without meeting the constitutional requirements stipulating that a contestant should be nominated by any of the associations other than the LNOC which is the mother body.
The associations then filed the matter in the Magistrate’s Court and subsequently the High Court in October 2017.
The matter that is under case no: CIV/APN/386/17 is yet to be heard by the High Court and the LNOC has accused the associations of delaying the hearing by applying for postponements.
The LNOC has thus challenged the associations to show cause why their affiliation with them cannot be terminated.
The letter reads: “Following the conduct of your association where it jointly with other four national federations took the LNOC to the Magistrate Court (case no: CIV/APN/MSU0179/17) on the 20th of October 2017 made yet another fresh application before the High Court of Lesotho (case no: CIV/APN/386/17) against the LNOC, of which the case is not yet heard before the judge”.
“While we advocate for equal justice for all and fairness in sport, we wish to bring to your attention that your conduct in singular and jointly with the other four national federations has contravened the Constitution of the LNOC article 20 by taking the sport matter to the Civil Courts of Law in Lesotho.”
The letter continues: “At its sitting of the 2 May 2018, the executive committee of the LNOC passed a resolution and by copy hereof, kindly show cause why the LNOC cannot suspend and/or terminate the membership of your association on the aforementioned misconduct”.
“Please be informed that your office is given up until Friday, the 15th June, 2018 to have filed its response with us on the matter where the Executive Committee of the LNOC will make its final decision”.
LeFA secretary general Mokhosi Mohapi confirmed that they have received the letter from the LNOC but said they are yet to respond.
Netball Association spokesperson Boitelo Hanyane also confirmed reception of the letter but said she would not comment on a matter that is still before the courts.
On his part LAAA public relations officer Sejanamane Maphathe said they have received the letter and already responded to it.
FEDAL and LSA could not be found for comment before the time of going to print.
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