… Law Society challenge deferred to 4 August
Moorosi Tsiane
THE Prime Minister’s suspension of the Director of Public Prosecutions (DPP), Hlalefang Motinyane, marks a dangerous slide towards lawlessness and is a direct assault on the rule of law, the Constitutional Court heard this week.
This is according to prominent lawyer, Advocate Karabo Mohau KC, representing the Law Society of Lesotho (LSL) which is challenging the 24 June 2025 suspension of Adv Motinyane by Prime Minister Sam Matekane.
The urgency of the matter was heard by Justice Tšeliso Mokoko who set it down for mention on 4 August 2025 and ordered parties to file their heads of argument before that date.
Adv Mohau told the court that the Prime Minister’s move to suspend the DPP was a direct interference with a constitutionally protected office and a blatant violation of the Constitution, particularly Section 141(7), which vests the authority to discipline the DPP in the Public Service Commission (PSC), not in the Prime Minister.
“This is a case where the applicant says the Director of Public Prosecutions, whose office is established and protected by the Constitution, has been interfered with,” Adv Mohau submitted.
He warned that allowing such an unconstitutional action to be sustained would invite lawlessness and severely undermine the rule of law in Lesotho.
The continued suspension of the DPP, he argued, creates a dangerous vacuum in the administration of justice.
“How are the prosecutions of this country going to be conducted? Who is going to sign indictments? Are we not creating a crisis where this court will later have to deal with people prosecuted by someone with no legal authority?” Adv Mohau asked.
He also said the matter was urgent, given the potential disruption to ongoing prosecutions and the broader threat to judicial independence. The Law Society, he said, was seeking an urgent nullification of the suspension to avoid chaos in the justice system.
“The matter was set down for dispensation today (Monday) for the court to give timeframes for parties to file in terms of dispensation needed. We submit that the matter is of such constitutional importance and it is urgent,” Adv Mohau said.
He told the court that timelines for filing had already been agreed upon by both parties. The Law Society would file its heads of argument on 25 July, while the Respondents would file their answering papers on 30 July, and the applicant would file a reply on or before 4 August 2025.
Advocates Thomas Thakalekoala and Sesinyi Pule, appearing for the respondents, did not oppose the urgency of the matter. Justice Mokoko subsequently ordered that the case should return to court on 4 August 2025 for mention.
Mr Matekane, the Public Service Commission and the Attorney General Adv Rapelang Motsieloa KC are first to third respondents, respectively, in the matter.
In the meantime, Adv Motinyane remains in limbo after discovering on 1 July 2025 that she had effectively been locked out of her office. Although she had received her suspension letter on 30 June and responded on the same day, she found the locks to her office had been changed and her security detail withdrawn when she reported for duty the following morning.
The Law Society described these actions as malicious and unlawful attempts to prevent her from performing her constitutional duties.
On 1 July, the Law Society wrote to Prime Minister Matekane demanding the immediate withdrawal of the suspension and urging him to respect the ongoing litigation in Constitutional Case No. 0008/2024, which had been filed by Adv Motinyane herself to challenge the legality of the impeachment process.
On 2 July, the Law Society met with Attorney General Adv Motsieloa KC and the Minister of Law and Justice, Richard Ramoeletsi. However, according to Law Society President Adv Lintle Tuke, the meeting ended in a deadlock, with the government insisting it would not reverse the suspension.
Adv Motinyane now awaits the 4 August 2025 with bated breath to hear her fate.
