Justice Gabriel Mofolo dismissed the application with costs though he said a written judgment giving reasons for the dismissal would be available in due course.

Mr. Ts'ehlana was contesting his expulsion from the LCD on the grounds that it was contrary to the constitution of the party. He argued that he was dismissed by the national executive committee of that party without being given a hearing.

His dismissal from the party on the basis that he appeared before the party's disciplinary committee was not sufficient in accordance with the provisions of the LCD constitution. He should have been heard during the January 2004 party conference, he maintained.

The LCD national executive committee's contention was that the disciplinary committee before which T'sehlana appeared, carries the same weight and is as good as, being heard by the executive committee, since the executive committee acted as per recommendations of the disciplinary committee.

Mr Ts'ehlana was dismissed from the party for alleged contravention of some provisions of the party's constitution for utterances he reportedly made at gatherings he held in Mokhotlong.

He was represented by advocate Molefi Ntlhoki, while the LCD and its executive committee were represented by Advocate Salemane Phafane.

03 June 2005