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Jan. 24, 2019

NKOATE THAMAE

4 min read

Lawyers withdrawal leaves political case in quandary

Lawyers withdrawal leaves political case in quandary

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… As ABC fans turn leadership race a ‘Thabane/Mahao affair’ Lawyers representing All Basotho Convention (ABC) Advocates Ranale Thoahlane and Rapapa Sepiriti, withdrew from the case in which Korokoro Constituency is challenging the rejection of its preferred candidate Professor Nqosa Mahao for the position of deputy leader as it was about to proceed in the Appeal court. In the meantime, party supporters have turned the deputy leadership race into a ‘Thabane/Mahao affair’ in the public domain after ABC leader Tom Thabane quipped at Mahao and labelled him a piece of cloth, a statement which he later withdrew and apologised.

Social media and mainstream media was this week abuzz with comments calling for replacement of Thabane as a leader while others blamed Mahao for being too haste for leadership position without having the party’s groundwork and internal experience. Following the withdrawal of the party lawyers on Tuesday the Appeal Court has set the next hearing for Friday January 25. Korokoro constituency, on Mahao’s sake, filed for appeal after the Acting Chief Justice Maseforo Mahase earlier dismissed their application in the high court without supporting legal points.

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The ABC secretary general Samonyane Ntsekele informed the Appeal Court that the party lawyers swiftly withdrew from the case after they explained to him a day before the hearing that withdrew because the Appeal Court failed to address some of the issues they raised in writing. Ntsekele therefore pleaded for more time for the party to seek the services of another lawyers. The presiding judge, justice Moses Hungwe Chihengo from Zimbabwe ordered Ntsekele to recruit new lawyers as soon as possible because the case must be heard by January 25.

The postponement did not please the appellant lawyers, Advocates Motebang Ramaili and Attorney Khotso Nthontho who told this paper that the respondents were merely playing delaying tactics. “The panel of judges in this case seem to be eager to hear the case and deliver final verdict before ABC National elective conference,” said Adv Ramaili. In an exclusive interview with Mahao, he said the respondents’ lawyers are playing tricks because they wanted this case’s set date to be after ABC general conference’s elections so that it can proceed without Korokoro constituency and with a quo status of weather he is qualifying or not.

“The Court of Appeal considers this case an urgent matter and it is ready to hear it on Friday and deliver final verdict on the same day. We want to go to the conference. The respondents presented ambiguous reasons to barred me from contesting for ABC Deputy leader position from the onset,” he argued. Koro-Koro constituency secretary, Morake Keketsi said his committee would not be frustrated by the postponement of the appeal case. “The court made it clear that the case will continue with or without a lawyer representing the ABC executive committee.”

According to Keketsi, come February 1 and 2, team Nqosa Mahao as a contestant for deputy leader will be contesting as follows: Fako Moshoeshoe as Conference Chairperson, deputised by Mooki Sello, while Lebohang Hlaele is for Secretary General position with 'Maoshoa Mpeoa as his deputy, Ntho Moakhi will be contesting for Treasurer portfolio, Lefu Hlomelang for Public Relations Officer, deputised by Matebatso Doti and Conference Secretary as Thabo Sofonea.

The case is before a panel of three Judges namely; Judge Philip Musonda (from Zambia, Judge Moses Hungwe Chinhengo from Zimbabwe and Judge Petrus Damaseb from Namibia. Contributing to the public debate on the matter, an ABC stanch supporter, Montoeli Masoetsa, said whether Korokoro constituency  succeed in curt or not, the success of the conference depend entirely on the executive committee, “Even what will transpire in the conference will depend on how the committee will approach the issue of constituency representatives. If the platform for debate is allowed, some issues can be deliberated and resolved so that elections can be free and fair. But if the opposite happens and some members feel ignored, the result might turn out to be what members did not expect.”

According to Masoetsa, the success of Korokoro constituency does not depend on whether they win or lose the case but how much support they have at the conference. Commending on his facebook on the debate, former Democratic Congress (DC) youth leader and now member of Majalefa Development Movement (MDM) Ramahooana Matlosa said he had listened to Mahao several times on different audio clips. “I now know why it’s important to go through structures and learn the culture, norms, philosophy and practices of the party. It’s sad but Prof. Mahao is not cultured in the norms and practices of ABC. He calls ABC members comrades and does exactly what my friend comrade Rakuoane does. He starts and finishes his speech without saying "La Chaba" or "Sera sa motho ke tlala" kapa le ha ele fela "Toala", He said.

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