Court blow rocks BPF leadership
Tsaone Basimanebotlhe | Friday March 20, 2026 12:21
Meanwhile, the rival faction in the dispute has moved swiftly to consolidate its position. The group, which had been cited as respondents in the court matter, now insists that it constitutes the legitimate interim committee and is therefore mandated to lead the party going forward.
This latest development follows a decisive ruling by the Lobatse High Court, which dismissed an urgent application filed by Ookeditse’s camp.
The application sought to bar the opposing group known as ‘Basireletsi ba Molao Motheo’ and led by Gaolathe Galebotswe from using BPF symbols, presenting themselves as the National Executive Committee (NEC), or conducting party activities.
Ookeditse’s team had asked the court to declare them as the duly elected members of the BPF’s NEC at the elective congress held at Serowe in November 2025. However, the Lobatse High Court ruled that the current NEC ruling was not the legitimate leadership of the BPF.
In his judgment, William Moncho delivered a firm legal blow to Ookeditse’s faction. He ruled that the applicants had failed to establish a prima facie right, a fundamental requirement in securing interim relief. “The applicants have failed to establish a prima facie right; hence, an interim interdict cannot be granted. As a result, the court found no basis to grant the order sought. The application was therefore dismissed with costs,” the judgment reads.
Moncho said its role in disputes involving political parties is limited to giving effect to the provisions of the Constitution. He said party clauses should be interpreted in a manner that promotes and safeguards the flexibility of political organisations. Furthermore, he said the duty of the courts in matters involving political parties is limited to giving effect to the provisions of the constitutions by which the members have contracted to be bound.
“To achieve that, the courts are required to uphold the flexibility of the operations of the political parties and their governing structures by not judicially limiting such through judicial interventions,” he said.
He also warned members against courts being used to settle political scores by disgruntled members who have failed to get their way through the usual decision-making processes.
The court further noted that upholding an election founded on illegality merely to establish a prima facie case would be incompatible with the parties’ contractual obligations under their own constitution.
“To uphold an election founded on illegality to find a prima facie case as contended for by applicants would be incompatible with their contractual obligation to uphold the terms of their constitution and this court’s duty to try to achieve certainty and finality in potentially destabilising disputes between members of the BPF over the interpretation of the law, being their Constitution,” the court papers read.
The court added that such certainty and finality would be achieved not by deciding the contested issue at this stage, but by directing the parties to the provisions of their constitution for proper interpretation, compliance, and future guidance.
The applicants had filed a certificate of urgency that an interim order be issued restraining the respondents, their agents, or anyone acting on their instructions from holding themselves out as the NEC (interim or otherwise) and to discharge any official functions of the BPF pending the instruction and finalization of a declaratory application.
The applicants also sought an order declaring the Serowe elective congress and its electoral outcomes as lawful, valid, and enforceable, as well as declaring that the respondents are ineligible to hold themselves out as officials of the BPF and/or the interim NEC.
Furthermore, they wanted an interim order directing the respondents not to interfere, in any manner whatsoever, with the official work, duties, and functions of the NEC, and that the respondents be interdicted from issuing any correspondence using the letterhead of the BPF, and that they surrender the BPF letterhead to the applicants.
As tensions persist, it remains unclear whether the matter will escalate into a prolonged legal battle or be resolved through internal party mechanisms. Nonetheless, the court’s ruling has undeniably shifted the balance of power, leaving the BPF at a critical crossroads.
Meanwhile, the interim committee’s purpose is to deliver to Congress. Again, it is yet to be seen whether the interim committee will uphold the decision that was once made by former president Mephato Reatile, who had expelled Ookeditse from the party.