THE High Court on Thursday reserved judgment in a case in which two top political leaders seek a review of the powers of the Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane.

The applicants in the matter include leader of the Lesotho Congress for Democracy (LCD) Mothetjoa Metsing and his Movement for Economic Change (MEC) counterpart Selibe Mochoboroane.

Metsing is also the former Deputy Prime Minister, his co-accused Mochoboroane is the Minister of Development Planning.

The two were due to be remanded in February on charges of treason among others.  

However, they approached the Constitutional Court seeking immunity against prosecution based on Clause 10 of the Constitution.

But their application was unsuccessful because the court declared the said clause as unconstitutional.
They also seek a stay of their prosecution, pending the outcome of the application.
Their lawyer, King’s Counsel Motiea Teele argued that the DPP has not exercised her powers in accordance with the law when adding charges in a case pending in court and trying to join in his clients.

He said it would be wrong for Adv Motinyane to join in the accused in a case which has already been heard and after much has happened in the trial.

He showed that the DPP was not assisting the court in amending the charges, adding that she should instead approach the matter with impartiality.

He said the Criminal Procedure and Evidence Act does not provide for additional charges in a case which is already before court, adding that the manner in which the matter has been handled is un-procedural.
KC Teele said the fact that the clause has been declared unconstitutional does not mean the DPP can abuse the court process and disregard everything correct.

He said it is irrational for the DPP to insist on the indictment while there is a pending appeal.