Court voids BPF elections over irregular electoral authority

t ruled that the electoral process was unlawful as it proceeded despite the resignation of the director of elections, a development that should have halted the electoral process. Last year November 1st, BPF under the leadership of Mephato Reatile hosted elections for NEC with Lawrence Ookeditse vying for the top seat. The elections were marred by disputes, which amongst others, saw the resignation of director of elections. Then, President Reatile eventually dissolved the congress however , the elections proceeded with the deputy director of elections who oversaw the elections that ushered in the presidency of Ookeditse and co. From the onset, the ‘new NEC’ has been strongly opposed by a rival faction named Basireletsi Ba Molao Motheo questioning the legitimacy of the new committee. To put the matter to rest, Ookeditse and co approached the courts to try and block the faction from running the party. In his judgment, Judge William Moncho ruled that the elections were unlawful and should have not continued in the first place as a deputy director of elections was never selected by the then president (Reatile). “I am inclined to find that only the party president had the power to appoint an acting director of elections or even to appoint substantive one at that 11th hour as was on November 1st 2025 for the party constitution at Clause 10.3 vests only him with the power to appoint chairperson,” Moncho said.

He further said, “The president did not do that even though it is said that he was in attendance through that period,” Moncho said. Moreover Judge Moncho said the electoral process that ushered in the new committee remains questionable, as Reatile had dissolved it. “Instead his (Reatile) next step was to dissolve the congress or at least he purported to,” Moncho said. In light of this development, Moncho said Reatile was well within his rights at the time to dissolve the congress factoring in the constitution of the party. “I have however found elsewhere that Reatile had the power to dissolve congress under Clause 20.6.4 which he purported to do on November 1st 2025 albeit for the wrong reasons. They were equally a nullity so that in the end they may not vest any prima facie right on the applicants,” Moncho said.

In his overall view of the electoral process, Moncho established that; “That the election was a nullity on account of the appointment of the acting director by an unauthorized entity and that the president’s (Reatile) decision to dissolve congress remains valid until lawfully set aside, cast serious doubt on the applicant’s claim to any prima facie right,” he said. Judge Moncho dismissed the application by Ookeditse and co with costs ruling that they have failed to establish prima facie right and interim interdict cannot be granted.