Deputy Prime Minister Nthomeng Majara proposed during a cordial meeting with the Director of Public Prosecutions (DPP) to withdraw charges against two politicians in the interests of national unity. But at no point did Justice Majara issue an order to the DPP, Advocate Hlalefang Motinyane, to withdraw charges against Mothetjoa Metsing and Selibe Mochoboroane who are facing treason charges.
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nment’s lawyer in an answering affidavit filed at the High Court on Tuesday.
Attorney General Rapelang Motsieloa said the allegation by Motinyane that the Deputy Prime Minister had sought to push her weight to get the charges withdrawn is not true.
Instead, Motsieloa says the two had engaged in “cordial discussions” about the possibility of withdrawing the charges.
“There is simply no instruction and/or coercion, but a cordial discussion between the Deputy Prime Minister, Justice Majara (DPM), and the DPP to possibly have the charges against the heads of the respective coalition parties (MPs Metsing and Mochoboroane) withdrawn,” Advocate Motsieloa said.
“The assertion that the DPP was given an instruction and/or was coerced is simply untrue,” he said.
Advocate Motsieloa said Justice Majara as the DPM does not have the mandate, political will, and personal agenda to issue such an instruction.
“The DPM is not the lackey or the conduit of a political party or any other person,” he said.
He said in terms of the constitution, it is the Attorney General who has the authority to withdraw charges, in that he has power over the DPP.
“It is not alleged that I did so or attempted to do so,” he said, adding: “For the avoidance of doubt, I certainly did not, nor did I orchestrate anything of this nature.”
Advocate Motsieloa said the decision to proceed with the Metsing and Mochoboroane treason case did not in any way impact the functioning of the coalition government.
“I believe that politicians should be encouraged to engage in consultations and discussions that promote national interest, particularly in a fairly young coalition,” he said.
Advocate Motsieloa said Justice Majara informed him that they talked with the DPP in March last year where, among others, they discussed “the continuance of the treason matter” against the duo.
Justice Majara, he said, reasoned that this case had attracted national attention and outrage, as it emanated from the 2014 political disturbances and the assassination of a commander.
“I am advised by DPM Majara that she did not provide the DPP an instruction either on behalf of herself nor any undisclosed principal,” he said.
“Any hoodwink or suggested innuendo, if alleged, is simply untrue.”
He argued that the discussion was based on the national interest, regarding the treason charges against members of parliament or cabinet, particularly because the government did not vigorously pursue the charges.
The case has been pending since 2018 and it “remains a sticky issue to inherit”, Advocate Motsieloa said.
“The discussion cannot be elevated to an instruction simply on the DPP’s interpretation and subjective narrative. No steps were taken by the government to enforce any such alleged instruction.”
He reasoned that the DPP could not have waited for a whole year to make the allegations only after she had been called upon to explain why the King could not be advised to appoint an impeachment tribunal against her.
Advocate Motsieloa said the discussion was not the foundation of a ploy to oust the DPP, adding that the narrative is ridiculous because of Advocate Motinyane’s “historical ineptness to properly administer dockets and the range of complaints against her levelled by the judiciary which have been widely published in the media”.
He said the DPP failed to disclose to the court the historic complaints against her for refusing to work through dockets that were piling on her desk, ranging from as far back as 2008 when she was the DPP’s chief attorney.
“The DPP was issued a warning in this respect on 22 June 2022,” he said.
Motinyane is fighting to block her impending impeachment or transfer to be a special adviser to the Attorney General.
Staff Reporter
