Brace for a costly, messy fight

AFTER reading last week’s lead story, most of our readers might rightly have concluded, “Here we go again!” It has become a tradition in Lesotho for any new government to seek to oust statutory position holders when it takes over power and replace them with its own cronies.

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The latest attempt to oust Advocate Hlalefang Motinyane as the Director of Public Prosecution (DPP) could suggest that nothing has really changed, which is unfortunate.

We have no brief for Advocate Motinyane.

We have raised our concerns in the past over how she handled certain controversial cases in the courts.

The case of former Prime Minister Thomas Thabane and his wife, ’Maesiah Thabane, who were accused of executing the brutal murder of Lipolelo Thabane.

We have expressed our concerns with how her office also dealt with the murder case of businessman Tšeliso Nthane.

These were cases of the politically connected and powerful in society who appeared to have been let off the hook, with the DPP claiming there was no enough evidence to secure a conviction.

What is of concern to us is what appears to be the clumsy attempt to get her out of office after she allegedly refused to drop charges against Mothetjoa Metsing and Selibe Mochoboroane.

Metsing and Mochoboroane are facing treason charges related to the 2014 political disturbances.

Caught up in this row is Deputy Prime Minister Nthomeng Majara.

Even if the government succeeds in winning this legal wrangle and eventually ousts Advocate Motinyane, its reputation would have been seriously damaged.

Prime Minister Sam Matakene’s government was voted into power on the basis that it would do things differently. That it would respect the independence of the courts and would not interfere in the running of the judiciary.

That position is sacrosanct if we are to protect our democracy.

This latest court case raises serious questions about the government’s commitment to the rule of law and the upholding of judicial independence.

Advocate Motinyane has leveled extremely damaging allegations against Deputy Prime Minister Majara. It is critical for the government to offer a robust defence of its own record in the matter.

If a deputy prime minister exerts so much power on a DPP by deciding who gets prosecuted and who doesn’t, that poses a serious threat to the rule of law and the independence of the judiciary.

This is precisely why the Deputy Prime Minister Majara must be afforded an opportunity to defend herself. Basotho can’t wait to read her answering affidavit in this case.

There is no denying that the allegations levelled against her have seriously damaged the government’s image in the eyes of ordinary Basotho.

They remember that Justice Majara was herself hounded out of office by the political class when she was Chief Justice. She was a victim of political machinations when she was still Chief Justice.

The people are saying they expected the Matekane government to at least uphold and protect the independence of the DPP.

From her court papers, it appears the government has a fight on its hands. Advocate Motinyane has clearly spelt out that she is not going to be a push-over.

The government can’t pretend that it was not aware of what was coming. Whenever the government has sought ways to oust a statutory position holder through clandestine means, it has always faced a messy fight.

This is likely to be one big, messy fight unless the government strikes a deal with her behind the scenes.

The problem is that Advocate Motinyane is digging in, until, as she says, she reaches the retirement age which is some 13 long years ahead.

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