Hands off judiciary

The director of public prosecutions, Hlalefang Motinyane, this week went to court to challenge her dismissal, which is disguised as redeployment to a position specially tailor made for her – that of Special Advisor to the Attorney General.

The move by government comes after the DPP’s refusal to withdraw charges against former deputy prime minister and now Matekane’s political advisor, Mothetjoa Metsing, and the current minister of health, Selibe Mochoboroane.

The instructions to withdraw the charges were given to the DPP by the current deputy prime minister Nthomeng Majara in her capacity as the then minister of law, and justice in September 2023. This after the DPP preferred charges against the then Lesotho Defence Force Commander, Lieutenant General Tlali Kamoli others in 2018, and later joining Metsing and Mochoboroane in the proceedings.

In her court papers, Motinyane says she refused to follow the instructions and requests aforesaid as they amounted to unlawful and unconstitutional interference with the prosecutorial independence of the DPP.

Prosecutorial independence means that government departments and police officers cannot dictate to Crown counsel that a certain course of action be followed.

An attack on prosecutorial independence is also a direct attack on judicial independence – the two are like Siamese twins.

In the run-up to the 2022 general elections, Majara made revelations that suggested she had been unceremoniously ousted as Chief Justice several years ago because she had refused the then prime minister’s instructions which amounted to intervention of the judiciary.

She went on to vow that if the Revolution For Prosperity party won election they would never interfere with or try to influence judicial decisions.

So, what changed, Madam Lordship? Were you lying to Basotho? Tell us please.