BPF wins UDC withdrawal case

Lebogang Mosikare | Wednesday August 21, 2024 16:12

The Applicants in the matter are Mmapula Amos, Boatametse Nthobogang and Rajaba Lekgaba, respectively, while the Respondents were the secretary-general (SG) of the BPF, Lawrence Ookeditse, the president of the BPF, Mephato Reatile, and the BPF in that order. They had brought the urgent application before Justice Bengbame Sechele seeking reliefs in the following terms: declaring the application to be urgent and setting aside all rules of this court relating to form; service of process and other related matter; declaring the first respondent (Ookeditse)’s unlawful decision to remove the third respondent (BPF) from the membership of the UDC to constitute an unlawful violation of the BPF’s constitution and consequently null and void; directing Ookeditse to submit or cause to be submitted names of all the candidates for local government and parliamentary elections that will represent the BPF in the UDC in the 2024 general elections forthwith and directing the respondents to pay the costs of the application.

Justice Sechele noted that the Respondents argued that the Applicants have failed to satisfy the requirements of Order 12 (12) of the Rules of the High Court and consequently sought an order striking out the application with costs. In further amplification of this point, Justice Sechele explained, the Respondents highlighted the fact that the Applicants became aware of Reatile’s decision as far back as April 7, 2024 but lay supine until August 8, 2024 when they launched these proceedings on an urgent basis. Justice Sechele said: “The Applicants have failed dismally to satisfy the requirements of Order 12 (12) of the Rules of the Court on urgency. The Respondents’ point in limine on urgency is consequently upheld and the application is struck out with costs. In view of the decision I have arrived at on urgency, I do not find it necessary to deal with the rest of the points in limine raised.”