Mokoena v Maope; Bastjtoland Congress Party v Lesotho Congress for Democracy (CIV\APN\287\98) [1998] LSCA 115 (17 December 1998)

1 CIV\APN\287\98 IN T HE HIGH C O U RT OF L E S O T HO In the Application of : P H A LE E R N E ST M O K O E NA Petitioner vs K E L E B O NE M A O PE Respondent Held at Maseru Coram : Lehohla J Mofolo J Ramodibedi J J U D G M E NT Lehohla J. E v en t h o u gh the petitioner w as served through his attorneys of r e c o rd M e s s rs B. Sooknanan & Associates with notice of set down for the hearing today of the above matter, neither he nor his attorneys made any appearance. The above petition stands to fail on any of the three grounds raised by the respondent's counsel to wit, (1) That it has prescribed in that even though the last day for its lodgement was on 29th June, 1998 the Petitioner nevertheless lodged it a day later i.e. 30th June, 1998; thus in breach of Section 102(a of the National Assembly Election Order of 1992 (as amended) which is to the effect that an election petition shall be presented to the High Court within 30 days after the election period concerned. (2) That the Petitioner has not paid security for costs and his petition shall be deemed to have been withdrawn. This failure puts the Petitioner in conflict with CIV\APN\348\98 Tsatsanyane & 9 Ors vs Sekamane & 10 Ors (unreported). (3) The Petitioner has not joined the Independent Electoral Commission and other interested parties to these proceedings. This omission places the Petitioner in breach of C1VVAPN\259\98 Tsie Benjamin Pekeche vs Motsoahae Thabane (unreported) read this morning i.e. 17-12-98. T he Court as enjoined by Section l07(l)(a) of the National A s s e m b ly Election O r d er 1 9 92 m a k es the following consequential O r d er : It is h e r e by declared that the 1st R e s p o n d e nt K e l e b o ne M a o pe has been validly elected as a m e m b er of the National A s s e m b ly for S e q o n o ka N o . 27 Constituency. Costs are a w a r d ed to the respondent. M . L. L E H O H LA Judge of the High Court I agree: T agree : J u d ge of the H i gh C o u rt M. M. RAMODIBEDI J u d ge of the H i gh C o u rt For Petitioner : No A p p e a r a n ce For R e s p o n d e n t: Mr Nathalie D a t ed this the 17th d ay of D e c e m b e r, 1 9 98 CIV/APN/500/97 IN T HE H I GH C O U RT OF L E S O T HO In the matter between: B A S T J T O L A ND C O N G R E SS P A R TY A P P L I C A NT and. L E S O T HO C O N G R E SS F OB D E M O C R A CY R E G I S T R AR G E N E R AL A T T O R N EY G E N E R AL 1ST R E S P O N D E NT 2 ND R E S P O N D E NT 3 RD R E S P O N D E NT J U D G M E NT Delivered by the Honourable M r. Justice W. C. M. M a q u tu on the 25th day of February, 1998. On the 2 2 nd December, 1997, applicant the Basutoland Congress Party brought an application ex-parte against first respondent, the Lesotho Congress For Democracy, the Registrar General and the Attorney General asking for an interdict in the following terms: 2. That the first respondent be interdicted a nd restrained f r om resorting to and/or using the horizontal Black, Green a nd R ed colours, whatever the sequence, as its colours. 3. T h at the resorting and/or u se by first respondent of horizontal Black, G r e en and Red colours, in w h a t e v er sequence, be declared, illegal as a m o u n t i ng to passing off a nd or get u p. 4. That the second respondent be directed to cancel a nd deregister s u ch articles f r om the constitution of first respondent particular Article l(b) thereof. 5. That the first respondent be ordered to p ay the costs of this application a nd the other respondents to p ay s u ch costs in the event of opposing this application. 6. That the applicant be granted further or alternate relief. This application eventually c a me before me for a final hearing on the 9th February, 1 9 9 8. This application h as essentially t wo m a in prayers w h i ch are:- ( 1) That first respondent be restrained f r om using horizontal black, green a nd red colours as its colours whatever the sequence.