…as Motinyane battles suspension
Moorosi Tsiane
SENIOR Prosecutor in the Ministry of Law and Justice, Advocate Lehlanako Mofilikoane, has been appointed Acting Director of Public Prosecutions (DPP), following the suspension of substantive DPP, Hlalefang Motinyane.
Minister of Law and Justice, Richard Ramoeletsi, yesterday confirmed that Adv Mofilikoane would serve as acting DPP until Adv Motinyane’s legal challenges have been resolved.
“Yes, Adv Mofilikoane has been appointed as the Acting Director of Public Prosecutions while the substantive DPP remains suspended pending the outcome of all her legal battles,” Mr Ramoeletsi said.
Adv Motinyane has launched a constitutional application seeking to block Prime Minister Sam Matekane from impeaching her.
She has also filed several interlocutory applications, the latest being a recusal application targeting three judges; Fumane Khabo, Tšeliso Mokoko, and Realeboha Mathaba, who are presiding over her case.
She argues that their appointments by Chief Justice Sakoane Sakoane, who is also cited as a respondent, present a conflict of interest.
The recusal matter was heard on 1 July 2025, and judgment has since been reserved.
Meanwhile, the Law Society of Lesotho has filed an urgent application challenging Adv Motinyane’s suspension, describing it as unconstitutional and a threat to judicial independence.
The Law Society contends that the Prime Minister’s decision contravenes Section 141(7) of the Constitution, which stipulates that disciplinary authority over the DPP rests solely with the Public Service Commission (PSC).
“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,” submitted Adv Karabo Mohau KC, representing the Law Society.
He urged the court to treat the matter as urgent, warning that failure to address the issue could breed lawlessness and undermine the rule of law.
Adv Mohau further argued that the continued vacancy of the DPP’s office, arising from an unlawful suspension, could destabilise the entire justice system.
“How are prosecutions in 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?” he submitted.
This leg of argument could be moot now that the government has appointed Adv Mofilikoane.
Advocates Thomas Thakalekoala and Sesinyi Pule, representing the respondents, did not oppose the urgency of the application.
Justice Tšeliso Mokoko granted the request for urgency and ordered that the case be brought back before the court on 4 August 2025 for mention.
Prime Minister Matekane, the Public Service Commission, and Attorney General Adv Rapelang Motsieloa KC are cited as the first to third respondents in the case.
