THE Mahao family wants Advocate Shaun Abrahams back to prosecute the soldiers charged with the murder of Lieutenant General Maaparankoe Mahao. Advocate Abrahams, a South African lawyer, quit the case almost a year ago after complaining that the government was delaying to pay his legal fees. He also pointed to “administrative issues” he didn’t specify. The Mahao family believes Advocate Abrahams is the ideal lawyer to push the case as the original prosecutor of the murder case that has been dragging on for the past six years.
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The family made the request in a letter to the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, which also raised serious concerns about delays in the prosecution.
The letter was read in court last Friday by Advocate Rethabile Setlojoane who took over the prosecution after Advocate Abrahams and his assistant, Advocate Motene Rafoneke, quit last year.
“It is with great dismay that we must report the apparent lack of engagement and communication from government concerning absence of the foreign judges and prosecutor, whom we had specifically requested through the Southern African Development Community (SADC) to ensure an impartial and fair legal process,” the family says.
“Regrettably, our fears have been confirmed as we have discovered that the foreign prosecutor, Mr Shawn (Abrahams), has regrettably withdrawn from our case due to non-payment.”
They say the resignation of two foreign judges “due to non-cooperation from the government has only exacerbated our concerns.”
The family says the implications of these actions “are grave and far-reaching”. The family argues that the absence of a competent and dedicated legal team jeopardises the integrity of the legal process and undermines justice.
“We are deeply troubled by the potential ramifications of this situation and fear that our case may suffer irreparable harm as a result.”
The family implored the government to take immediate and decisive action to reinstate Advocate Abrahams, saying “it is imperative that we have a committed and proficient legal representative to safeguard our rights and ensure a fair and transparent legal process”.
“The Mahao family’s pursuit of justice hinges on your intervention, and we earnestly request your urgent attention to this matter.”
Advocate Setlojoane told Justice Charles Hungwe that the letter arrived after lunch on Friday before the case could proceed.
He asked the judge to postpone the case while the family sorted out the issue with the DPP.
Justice Hungwe postponed the case to September 23.
Advocate Setlojoane however said the family is still happy with his engagement as prosecutor.
“They are not complaining about my engagement in the case at all,” he said, adding that the family was “just not pleased that they are not consulted by the government and the office of the DPP on the progress of the case”.
The family’s letter however received an instance retort from Advocate Letuka Molati, who is representing Lieutenant General Tlali Kamoli, one of the several soldiers charged with the murder of Lieutenant General Mahao.
Advocate Molati told the court that the law is clear on what should happen if a case is not progressing.
“I can make an application that the charges should be dismissed,” Advocate Molati said.
He argued that “whatever that caused the family’s discomfort should not disrupt the prosecution of the case”.
“They are unnecessarily meddling in this case.”
Justice Hungwe said “whatever the challenges faced by the office of the DPP must not derail the smooth flow of court processes, especially when a criminal prosecution is underway and the case is moving smoothly”.
Nkheli Liphoto
