Ousting DPP is not the best way to go

THERE have been mixed reactions to the coalition government’s bid to oust the Director of Public Prosecution (DPP), Advocate Hlalefang Motinyane, from her position as we reported last week. The plan is to move her to a junior post in the Attorney General’s office.

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The government has not yet spelled out its reasons for the move.
However, there is speculation that Advocate Motinyane was being punished after she refused to play ball in prosecuting certain individuals in the political arena.
Others have said the reasons have something to do with her professional performance and that she is not up to the task.

Whatever the reasons the government might proffer, we are of the strong opinion that demoting her should not be the way to go. We think such a move will likely not end well.
As DPP, Advocate Motinyane occupies a critical role in the administration of justice in Lesotho. If she resists the ouster, as she is most likely to do, we are likely to see yet another bruising battle in the judiciary.

That will likely hamper the delivery of justice in our courts and create serious discord between the various arms of government.
The authors of our Constitution had the foresight to put in bulwarks against the abuse of office. One such protection clearly says that the DPP can only be removed “for inability to exercise the functions of the office (whether arising from infirmity of body or mind or any other cause) or misbehavior . . .”
If that happens, the King is expected to appoint an impeachment tribunal made up 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 then conduct an investigation and report to the King.
It would appear all of these have not been done. Instead, the government is pushing to “demote” the DPP and move her to the Attorney General’s office without her consent.
Given the sensitivity of the matter, we do not think this is the best way to handle the matter. At the present moment, it would appear the government is likely to face a backlash from the public who might conclude that Advocate Motinyane is being victimised.

The lesson is that the government must play by the rulebook if it wants to get Advocate Motinyane out. There must be clear reasons for such action. Despite her perceived flaws, it would not be right to just wake up one day, and acting on one’s whims, decide to push her out. That is plain wrong.

If she is incompetent, the government must establish a tribunal as required by the law to investigate her. Only then can she be pushed out without leaving a sour taste in the mouths of Basotho.

Over the years, we have had a front-row seat as we watched senior judicial officers take on the government as it sought to push them out.
The current Deputy Prime Minister Nthomeng Majara was a victim of such political shenanigans. The results of her bruising battles were not so pleasant.

The coalition government must therefore step back from taking such a disastrous path.
Deputy Prime Minister Majara is in the best of positions to advise the government not to take this route. Previous governments have tried it before and the results were not so pleasant as Justice Majara can testify.

If Advocate Motinyane decides to fight the government’s decision, this will likely hurt the judiciary and stall the justice delivery system in Lesotho.

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