MASERU — In a bid to stop the Prime Minister from impeaching him, Justice Michael Ramodibedi has filed an application in the Constitutional Court.
Court of Appeal president Justice Ramodibedi’s papers were filed on Monday.
In the application Justice Ramodibedi said that “His Majesty’s decision to suspend him from the exercise of the functions of the office of the President of Court of Appeal be reviewed and set aside”.
He is also seeking an order restraining and interdicting three judges from sitting in the impeachment tribunal till the application has been finalised.
The application, which will be made today, comes soon after the government appointed and named the three judges who will be with the tribunal to impeach Justice Ramodibedi.
Prime Minister Dr Thomas Motsoahae Thabane is the first respondent, followed by the three retired judges from South Africa, as second, third and fourth respondent.
The attorney general is fifth respondent.
The South Africa judges constituting the tribunal are: Justice Z Yacoob, Justice Y Mokgoro and Justice M Joffe.
Justice Ramodibedi wants the bid for his removal from office of President of the Court of Appeal to be investigated in terms of section 125 (5) of the Constitution to be reviewed and set aside or be declared null and void.
He also seeks an order restraining or interdicting the first respondent (Prime Minister) from advising the King to suspend him from the office of President of the Court of Appeal until the court has finalised the application.
“Alternatively, the operation of applicant’s suspension from the office of President of the Court of Appeal be stayed/suspended pending the determination of this application,” say the court papers.