Lephoi Makara, the MP for Malimong constituency, has dragged the Revolution for Prosperity (RFP) party to court in a bid to reverse its decision to boot him out of the Pan African Parliament (PAP). The RFP caucus kicked Makara out of the parliament after he defected to the opposition Democratic Congress (DC).
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Makara has now instructed his lawyers to ask the High Court to reverse the RFP caucus’ decision.
Makara, who defected to the DC together with Rethabile Letlailana three weeks ago, has been replaced by Mpharane MP, Nku Mohlalisi.
He argues that the procedure that was followed to terminate his membership from the PAP is flawed.
“I received the letter withdrawing me a week after I defected to the DC,” Makara told thepost, adding that this shows that they were using the PAP as a weapon.
Makara was appointed to the PAP along with Mantu Phooko, ’Maboiketlo Maliehe, ’Mamookho Phiri and the late senator Chieftainess Nthati Bereng.
“I was happy to be appointed for that position,” he said.
Makara said his appointment letter was from the parliament clerk but the termination came from the RFP, which he said is legally flawed.
“That does not make any sense at all,” he argued.
For him, the PAP laws and regulations allow sworn-in MPs to be withdrawn under stipulated conditions only.
Makara argued that membership could only be terminated when a member is mentally incapacitated.
“You can see I am not mentally disturbed,” he said.
Another condition for withdrawal would be if one is sick and can no longer do the job.
Makara said the membership also stops when parliament changes or when a member dies.
Only then will the parliament find a new replacement.
Makara said the letter of withdrawal came barely a few days after he defected to the DC.
“This shows that these people are risking (damaging) the image of our country in the Pan African Parliament just to fight me,” he said.
Barely a week after he left the RFP, Makara was removed from the PAP social media groups.
Faced with this scenario, he demanded answers and the response was that he should ask the Speaker, Tlohang Sekhamane.
In his effort to get answers, Makara said the parliament clerk told him that “I should do whatever I could do”.
He said the MPs are recommended by the party caucuses to represent them at the Pan African Parliament.
He said he was expecting his withdrawal letter to come from the parliament caucuses chairman and not the party secretary or any other structure.
Makara said the RFP thought it had bribed him by making him the Pan African Parliament member.
“I have a right to represent the Lesotho parliament there. I am an MP,” he said.
He said his resignation from the RFP did not mean he was resigning from his parliamentary duties too.
He said he is on the opposition side but he is still an MP.
He said he is still receiving correspondence from the Pan African Parliament sittings and proceedings despite the letter withdrawing him.
So this shows that his withdrawal was done unlawfully.
Makara said after he received the first withdrawal letter, he headed to the court where the courts told him to go back and include the RFP as part of the respondents.
“I do not understand why I should include them because I was appointed by the parliament caucuses to be a member of the PAP,” he said.
With the help of his lawyer, he is drafting new court papers to challenge his dismissal.
According to the PAP website the PAP is intended as a platform for people from all African states to be involved in discussions and decision-makings on the problems and challenges facing the continent.
The Parliament sits in Midrand, South Africa.
“Rather than being elected directly by the people, PAP members are designated by the legislatures of their Member State and members of their domestic legislatures.”
The parliament tasks include facilitating and overseeing implementation of African Union policies, objectives and programmes.
It also promotes human rights and consolidates democratic institutions and culture, good governance transparency and the rule of law by all AU organs, Regional Economic Communities (RECs) and Member States.
Their other task is promoting the coordination of the RECs’ policies, measures, programmes and activities, preparing and adopting its budget and rules of procedure, and making recommendations.
Nkheli Liphoto
