THE coalition government wants to push out the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane. thepost can reveal that long knives are being sharpened for Advocate Motinyane. The plan, which has been brewing for the past four weeks, is to demote Advocate Motinyane to the junior position of adviser to the Attorney General.
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The government is said to be trying to soften the blow and sweeten its offer by promising to maintain her salary and benefits.
Advocate Motinyane was not answering her phone at the time of going to press.
The reasons for the removal and demotion are not clear but there is speculation that Advocate Motinyane could have ruffled feathers by resisting political pressure to influence her decisions.
It is reliably understood that Minister of Law and Justice, Richard Ramoeletsi, has been pushing Advocate Motinyane to accept the position for the past few weeks but she has resisted because it is a demotion and a humiliation.
Ramoeletsi was not answering his phone.
As the DPP, Advocate Motinyane is at the same level as the Attorney General whom the government now wants to be her boss.
The constitution states that the DPP, like judges and the attorney general, can only be removed through an impeachment.
The constitution says the DPP may be removed only for “inability to exercise the functions of the office (whether arising from infirmity of body or mind or any other cause) or misbehaviour…”
It stipulates that the King shall appoint an impeachment tribunal made of three members, a chairman and at least two members selected by the Chief Justice from current or former high judicial officers.
The tribunal will conduct an investigation and make recommendations to the King.
If moves against Advocate Motinyane are true, it would not be the first time that a government has tried to push out a holder of a statutory position.
Thomas Thabane’s government tried it with the Court of Appeal President Justice Michael Ramodibedi.
Pakalitha Mosisili went after Court of Appeal President Justice Kananelo Mosito and then Chief Justice Nthomeng Majara who is now deputy prime minister.
Staff Reporter
