BCM, Lipholo wife head to appeal court

The Basotho Covenant Movement (BCM) and Mathapelo Lipholo are heading to the Appeal Court to challenge a recent Maseru High Court decision that declined to hear their case regarding a suspended warrant of arrest for the party’s leader, Dr Ts’epo Lipholo.

The appeal follows the High Court’s refusal on April 23, 2025, to grant their application, which sought several urgent interdicts and directives.

BCM spokesperson Kenneth Matee confirmed the move in an interview with theReporter yesterday, saying the party was dissatisfied with the High Court’s ruling that it lacked jurisdiction to hear the matter.

The original application submitted by Mathapelo and BCM to the Maseru High Court contained seven prayers. Among them was a request for the court to dispense with procedural rules relating to service and timeframes due to the urgency of the situation.

The applicants also sought an interdict to prevent the governments of Lesotho and South Africa – and any other governments – from arresting or mistreating Dr Lipholo while a petition concerning the restoration of Basutoland is pending before the United Nations General Assembly.

They further requested an interim mandamus directing the United Nations Security Council to provide personal security for both ‘Mathapelo and Dr. Lipholo during the petition process.

A third request involved a declaratory interdict under Article 2(3) of the International Covenant on Civil and Political Rights (ICCPR), as well as relevant provisions of the Lesotho and South African constitutions. It aimed to bar both states from arresting individuals seeking remedies through the UN General Assembly or domestic courts.

The fifth prayer called for an interdict to prevent South Africa from considering the annexation of Lesotho as its 10th province or granting special free movement to Lesotho citizens until the UN petition is resolved. The applicants argued that such actions would constitute ongoing aggression against the Basotho nation, citing United Nations resolutions and Article 39 of the UN Charter.

The sixth and seventh prayers sought alternative relief and costs – should the respondents oppose the application, respectively. The applicants also requested that the first three prayers be granted as immediate interim relief, with the rest to serve as permanent interim measures pending the UN’s decision.

In her affidavit, Mathapelo Lipholo stated that she was suing in both her personal and representative capacity. She claimed her husband’s life and liberty were at risk, alleging he was being pursued by the Lesotho and South African governments, their police forces, and Interpol.

She emphasized that BCM, a registered political party in Lesotho, had resolved to sue on behalf of both the party and its democratically elected leader, Dr Lipholo, who also serves as a Member of Parliament.

The respondents in the case include a wide range of local and international entities and officials: the Commissioner of Police, the Territory of Basutoland, the Territory of Lesotho, the Prime Minister of Lesotho, the Speaker of Parliament, the Parliament of Lesotho, the Attorney General of Lesotho, the Basotho Nation, the President and government of the Republic of South Africa, the South African Embassy in Lesotho, and the Attorney General of South Africa.

Also cited are the United Nations General Assembly, the United Nations Security Council, the African Union, the King and Government of the United Kingdom, the UK’s Attorney General, and all registered political parties in Lesotho.