THE withdrawal of lead prosecutor, Senior Counsel Shaun Abrahams from high profile cases has not only caused confusion in cases involving members of the security forces, but it has also disrupted cases involving politicians and government officials.
Sept. 11, 2021
3 min read
Abrahams’ withdrawal causes more frustration
Senior Counsel Shaun Abrahams
- He has not withdrawn from all cases
- The future of the cases remains unclear
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Abrahams is a South African lawyer and the former National Director of Public Prosecutions at the National Prosecuting Authority (NPA).
Although he has not yet officially withdrawn from some of these cases, he has however expressed intention to withdraw from all of cases he has been tasked by the Director of Public Prosecutions (DPP) to prosecute.
This emerged during his official withdrawal from the cases before Justice Charles Hunwge this week.
The future of these cases will be determined on Monday when the DPP, Advocate Hlalefang Motinyane gives feedback on attempts to secure back the services of the prosecutor.
The cases in question include among others one in which former Minister of Education and Training, Dr Mahali Phamotse together with former Principal Secretary, Mapaseka Kolotsane and Deputy Principal Secretary, Ratšiu Majara are charged with corruption.
They face various charges such as corruption, fraud, issuing a manifestly illegal order and conflict of interest.
The crimes allegedly occurred in 2015 and are in relation to a tender on development, printing, supply and delivery of text books and Teacher's guides for Grade 5 for the National Curriculum Development Centre (NCDC).
Another case is the one in which Mothetjoa Metsing and Selibe Mochoboroane are seeking for review and setting aside of the procedure to summarily indict them.
Metsing is the leader of the Lesotho Congress for Democracy (LCD) and also former Deputy Prime Minister while Mochoboroane is the leader of Movement for Economic Change (MEC) and Minister of Development Planning.
The two have been trying to secure immunity from prosecution, but all their attempts have been unsuccessful.
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They are trying to invoke Section 144 of the Criminal Procedure and Evidence Act as well as challenging the administrative action of the DPP.
They are attacking the ability of the DPP to try them and institute a summary trial. They are questioning the manner in which the indictment was filed and how the DPP exercised her powers.
If joined, they will become co-accused to some members of the Lesotho Defence Force (LDF) who are among others accused of killing Sub-Inspector Mokheseng Ramahloko of the Lesotho Mounted Police Service (LMPS) during an incident that happened at the police headquarters on August 30, 2014. LeNA