Court blocks waiver for Metsing, Mokhosi

    0
    65

    NAT MOLOMO
    MASERU – The Constitutional Court has blocked the waiver not to prosecute some politically connected suspects during the national reforms process and these include among others the leader of the Lesotho Congress for Democracy (LCD), Mr. Mothetjoa Metsing and his Deputy Mr. Tseliso Mokhosi.

    Challengers of the Clause 10 of the agreement of the Memorandum of Understanding between the government of Lesotho and the coalition of the opposition parties have obtained a temporary relief which suspends the implementation of Clause 10.

    The court yesterday issued an interim court order interdicting the government from implementing Clause 10 of the Memorandum of Understanding signed by the government of Lesotho and the coalition of opposition parties; this will be until November 22 when the constitutional court will hear full arguments on the protest by the concerned families of the victims. The matter was heard in chambers.

    The clause that appears on page three of the agreement, reads that: “Honourable Metsing and other similarly placed persons in exile will not be subjected to any pending criminal proceedings during the national dialogue and reforms”.

    According to the families notice of motion, they want the respondents to show cause, if any, why they shall not be interdicted from implementing Clause 10 of the Memorandum of Understanding between the government and the coalition of opposition parties pending finalisation of this application in so far as the said clause provides that Honourable Metsing and other similarly placed persons in exile will not be subjected to any pending criminal proceedings during the national dialogue and reforms, pending finalisation of the matter.

    The respondents include the Minister of Law and Constitutional Affairs, Minister of Justice and Correctional Services, Leader of Opposition Parties, the Director of the Directorate on Corruption and Economic Offences (DCEO) and the Attorney General.
    The families also want the respondents to say why Clause 10 of the memorandum shall not be declared unconstitutional as it violates Sections 18 and 19 of the Constitution by virtue of suspending criminal proceedings against Honourable Metsing and other similarly placed persons in exile during the national dialogue and reforms process.
    It is also the families’ expectation that the respondents should tell the court why the same clause shall not be declared unconstitutional and in violation of Sections 99 (2) and 99 (3) of the Constitution to the extent that it seeks to usurp the powers of the Director of Public Prosecutions (DPP) by according preferential treatment to Honourable Metsing and other similarly placed persons in exile.

    The families further want the respondents to tell the court why the clause in question shall not be declared unconstitutional and in violation of Sections 118 (2) and 118 (3) of the Constitution to the extent that the said clause seeks to suspend any criminal proceedings against Honourable Metsing and similarly placed persons in exile.

    The panel that makes up the constitutional bench comprised Acting Chief Justice ‘Maseforo Mahase and Judges Semapo Peete and Molefi Makara.

    The concerned families of Thabo Khetheng, ‘Mamphanya Mahao, ‘Malehlohonolo Ntseso, ‘Mampolokeng Ramahloko and ‘Mamohau Qobete were represented by Attorney Khotso Nthontho who explained that the court did not suspend the substantive clause as it appears on the agreement, but only its implementation and further that the main case will be argued on November 22.

    Additional reporting by TmgLive/Lena

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here