CHIEF Justice Sakoane Sakoane’s ill-health on Wednesday prevented the trial in which two political leaders are challenging the powers of the Director of Public Prosecutions (DPP) from proceeding.
Aug. 19, 2021
2 min read
Ailing judge disrupts Metsing, Mochoboroane trial
Chief Justice Sakoane Sakoane
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Mothetjoa Metsing and Selibe Mochoboroane are in the application 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 also questioning the manner in which the indictment was filed and how the DPP exercised her powers.
The case was accordingly postponed to August 31 on which date both parties are expected to address the court on merits of the application.
Chief Justice Sakoane had last week begun hearing preliminary arguments in the matter, thus bringing hope that the case which had been pending for months would finally proceed to finality.
Both Metsing and Mochoboroane argue that the DPP did not follow proper procedure when she summarily indicted them and joined them in a criminal case pending before the High Court.
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In their preliminary arguments, they submit that they have not approached the court as accused while the respondents insist that they are accused persons because they have been served with an indictment as well as a notice of trial.
Metsing is the leader of the Lesotho Congress for Democracy (LCD) and also former Deputy Prime Minister.
Mochoboroane is the leader of the Movement for Economic Change (MEC) and Minister of Development Planning.
They have since been trying to secure immunity from prosecution, but all their attempts have been unsuccessful
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