. . . says Law Society has no legal standing to challenge his decision
Moorosi Tsiane
PRIME Minister, Sam Matekane, has hit back at the Law Society of Lesotho (LSL), insisting it has no business challenging his suspension of the Director of Public Prosecutions (DPP), Hlalefang Motinyane.
Mr Matekane’s lawyer, Advocate (Adv) Guido Heinz Penzhorn, told the Constitutional Court this week that the suspension was an operational decision between the DPP and Attorney General Adv Rapelang Motsieloa KC. He therefore argued that the LSL had no standing to intervene.
The Law Society, represented by Adv Karabo Mohau KC and Adv Bokang Moshoeshoe, is seeking to overturn Matekane’s 24 June 2025 decision to suspend Adv Motinyane, calling it unconstitutional and a direct attack on judicial independence.
Before the matter could proceed, Adv Penzhorn countered, arguing that the society lacked locus standi.
“Through the Council of State, the Prime Minister authorised the suspension of the DPP within the confines of his duties through the Attorney General,” he submitted.
He insisted the suspension fell under Section 98(2) of the Constitution.
“Whether she was suspended rightly or wrongly has nothing to do with the Law Society. The DPP herself can challenge that, not the Law Society.”
The three-judge panel, however, pressed him on his reliance on the Council of State. The panel comprised Justice Realeboha Mathaba, with Justices Mafelile Ralebese and Dr Itumeleng Shale.
“Counsel, that is a very serious allegation. Bear in mind that the Law Society is also part of the Council of State. Are you saying it was part of that resolution? Can you give us proof? You are implicating other members — including His Majesty as chair of the Council of State.”
Adv Penzhorn stood firm, saying the suspension was based on misconduct allegations while awaiting the appointment of a tribunal.
“Once the tribunal is appointed, the suspension will lie with it. For now, the Prime Minister had to act,” he argued.
Adv Mohau countered that only His Majesty the King, acting on the advice of the Public Service Commission, has constitutional authority to suspend the DPP.
“There is nowhere in the Constitution that empowers the Prime Minister to suspend the DPP,” he said, emphasizing that under Section 141, a tribunal must first be established by the King, with members selected by the Chief Justice — a procedure he said was ignored.
On the standing of the LSL, Adv Mohau said it had an obligation to protect the Constitution.
“Section 24 of the Law Society Act empowers it to assist in the administration of justice. The Prime Minister’s decision is unconstitutional and must be reviewed, set aside, and declared null and void.”
After heated exchanges, Justice Mathaba reserved judgment for 25 September 2025.
“We have other matters and judgments to deliver. This ruling will be handed down on 25 September,” Justice Mathaba said.
