Prime Minister Sam Matekane says DPP Advocate Hlalefang Motinyane bungled the prosecution of former premier Thomas Thabane and his wife over the murder of Lipolelo Thabane in 2017. Matekane cites this as one of the reasons why he wants the DPP out.
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In a letter to Motinyane, Matekane said he had received complaints from the police and a private prosecutor, Advocate G Leppan, over how she handled the Lipolelo murder case.
Leppan, Matekane said, insinuated that Motinyane’s failure to prosecute Thabane and ’Maesaiah “denotes that the DPP was influenced or is susceptible to influence and lacks the required independence”.
“The failure to institute and/or continue criminal proceedings amounts to defeating the ends of justice in respect of the Thabane murder case,” Leppan said in the letter of complaint to Matekane.
“In addition, it lends credence to the inference that the DPP failed to prosecute the case without fear, favour or prejudice, as required by the oath she undertook,” he said.
Next in the accusations against Motinyane is the case of sexual harassment against Deputy Commissioner of Police Paseka Mokete, who Matekane suggested that Motinyane prosecuted because he was investigating Lipolelo’s murder.
Leppan, Matekane said, wrote that DCP Mokete “insisted on the prosecution of the Thabanes given the cogent, substantive and available evidence”.
He accused Motinyane of issuing directives for institution of criminal proceedings against DCP Mokete on spurious charges of sexual harassment, assault, malicious damage to property committed against Inspector ’Makatleho Mphetho in June 2020.
He said this happened “during the close involvement of the DCP with the Thabane-envisaged prosecution”.
DCP Mokete’s criminal proceedings that were instituted in the Maseru Magistrate’s Court were dismissed on application to discharge the crown’s case on May 12, 2022.
On June 8, 2022 the DPP noted an appeal in the High Court against the judgement to discharge DCP Mokete but the appeal was never prosecuted until September 21 last year when DCP Mokete approached the High Court to get it dismissed for lack of prosecution, which was granted.
This, Matekane wrote, showed that Motinyane may have conducted herself “in the way that calls your integrity as the DDP and your fitness in the position in question”.
Leppan, Matekane said, further showed that when DCP Mokete opened a case of perjury against crown witnesses in the sexual harassment case, the DPP declined to prosecute the case.
“The DPP declined to issue the directive on 20 July 2023, on account (that) by doing so would compromise the crown’s case and advised that the DCP should instead lodge a civil case of malicious arrest or prosecution if the DCP feels wronged,” Leppan said.
“The DPP did not issue nolle prosequi as is mandated by the Criminal Procedure and Evidence Act,” he said.
“The institution of criminal proceedings on the spurious dictates of a third party shows lack of required independence and abuse of power.”
Advocate Leppan also complained about the DPP’s failure to pay his services.
Leppan listed cases in which he said the DPP delayed or bungled in sequence that they failed to finalise in respect of letters written to her on May 3, 2021, July 9, 2021, and March 16, 2022.
The first case is Rex V Sekamane and Others CR1282/02 in which only one accused is still alive, namely Molise Mzene, and the crown filed a cross-appeal.
“The appeal has been delayed as a result of the record not being filed,” Leppan said.
Another one is Rex V Rakhope and Others CRI/T/21/2004in which “the DPP declined to prosecute in this matter and directed that an inquest be held”.
Leppan said evidence was led, exhibits handed in and the two suspects declined to testify.
“Despite numerous telephonic and e-mail enquiries, Advocate Leppan has not received the outcome of the inquest from either the Learned Magistrate or the DPP,” Matekane told Motinyane.
Another case is Rex V Khajoane CRI283/02 which has been partly heard and was interrupted by Magistrate ’Mafelile Ralebese’s resignation (she is now a High Court judge).
The matter is part heard and requires finalisation, Matekane said.
The other one is Rex V Nonkululeko Zaly in which the indictment was prepared and the trial date is awaited.
Matekane said Advocate Leppan is still waiting for instructions from the DPP in the cases of Nthane, Setlaba, Sekamane, and Khajoane.
“However, the DPP failed, alternatively refused, alternatively neglected to reply to (Leppan)’s requests,” he said.
“The DPP’s lack of cooperation and her failure to provide Advocate Leppan instructions demonstrates apathy and gross inefficiency.”
Motinyane’s letter of response to Matekane insisted that the allegations against her required “greater specificity and clarity” necessitating her to ask Matekane to give her “further particulars that are pertinently and reasonably necessary to enable me in meaningfully and substantively settling my representations”.
Motinyane told Matekane that her immediate boss, Putsoane, or his predecessors, Justice Minister Richard Ramoeletsi or his precursor Justice Nthomeng Majara had never complained to her about her conduct or inefficiency.
She said instead, Ramoeletsi told a local newspaper in an interview that he did not know anything about her impeachment and it had never been on his desk.
She quoted Ramoeletsi saying she would not be impeached without hard evidence and that it is his office that would originate the impeachment processes.
She said she had heard from other publications that it was instead Justice Majara who said she had launched processes to impeach her.
She asked how it came that Matekane is inviting her to make representations when the Attorney General and Ramoeletsi are not party to the move.
“When did Minister Ramoeletsi become aware of any of the allegations against me as enumerated in Right Honourable Prime Minister’s invitation of May 2024?” she asked.
Caswell Tlali
