Judgment day looms for BPF
Tsaone Basimanebotlhe | Monday September 8, 2025 15:56
The sextet are Ditiro Kelebeile, Ookeditse Malesu, Segaetsho Garekwe, Thaka Baboneng, Loeto Porati and Barulaganye Kgosana. They allege that the actions taken by the party's leadership are both unconstitutional and unlawful. The applicants approached the court on an urgent basis.
However during submissions, BPF’s legal representative, Obonye Jonas argued that the urgency was self-created.
Furthermore, he questioned the legal standing of the applicants, stating that there was no concrete evidence proving their membership in the BPF.
'This matter should be struck off the roll as it fails to meet the legal threshold of urgency as outlined in the Constitution,' Jonas contended.
'For instance, the affidavit submitted by Garekwe was not affirmed before a Commissioner of Oaths, making it resemble an ordinary letter rather than a sworn statement.
'Additionally, there are no copies of BPF membership cards presented to support the claim that the applicants are indeed members. Not even the suspension letters they refer to have been submitted.'
Jonas further argued the applicants lacked locus standi—the legal capacity to bring the case before the court. He emphasised that a suspension cannot be challenged on an urgent basis unless specific relief is being sought. In this case, he claimed the requirements for such relief were not met, particularly the failure to demonstrate that no alternative remedy exists.
In response, Garekwe, who represented himself, maintained that neither he nor the other suspended members were formally served with suspension letters.
'Our party typically communicates through WhatsApp. We only learnt of our suspension from other members who shared the letter with us. To illustrate the seriousness of the situation, we were immediately removed from party WhatsApp groups,' he explained.
He added that the party has no physical offices where they could have made equiries. According to him, the internal structures for appeal are non-existent, and the suspensions appear to be a calculated move to block them from contesting in the upcoming party congress.
'We approached the court urgently because the party conference was imminent. We hoped the matter would be heard beforehand,' Garekwe added.
He also pleaded with the court to consider the substance of their case rather than dismissing it on procedural technicalities.
Justice Tshosa, however, cautioned, 'But technicalities might be fundamental. In his recently newly filed notice of motion claims that he has been wrongly suspended from the party without due process and in violation of the BPF Constitution. He was suspended from the party on August 21, 2025, which he now challenges as unlawful and irrational. In detail, he seeks amongst others that the decision of the party to suspend him be reviewed and set aside, the suspension be stayed, that group members administrators not to delete him and others from party Whatsapp groups.
In his founding affidavit, Garekwe has explained that he fears that if the suspension is allowed to stand, he will be excluded from participating in the upcoming elective congress scheduled for November 2025, where he intends to run for the position of secretary-general.
According to court documents, the dispute arises from a series of communications issued by the party’s secretary-general between March and July 2025.
These communications included the postponement of the party’s national conference and Women and Youth congresses from July to August, and the instruction for party structures to prepare for the events.
However, Garekwe argues that these decisions were taken without proper consultation or constitutional compliance.