Hopolang Mokhopi
THE High Court has warned that it will no longer tolerate the disappearance of firearm exhibits from police custody, amid growing concern that such weapons later resurface in the hands of criminals.
Justice Tšeliso Mokoko has ordered the Commissioner of Police, Advocate Borotho Matsoso, to formally notify the court of the date on which recovered firearm exhibits will be destroyed, adding that the court itself will attend and witness the destruction to ensure accountability.
The directive follows alarming revelations in a case involving three firearms used by four suspects convicted last month of the May 2023 triple murder of radio personality Ralikonelo “Leqhashasha” Joki, Parliament Committee Coordinator Mothibe Mothibe and Thomello Ntsane.
Justice Mokoko said the court could no longer ignore the recurring problem of firearm exhibits going missing once they are released back into police custody.
“In the initial order that I made, I directed that the Commissioner of Police must advise this court when these exhibits will be destroyed, because this court would like to be present to witness that destruction,” Justice Mokoko said.
The court’s concern intensified after three firearms that had been produced as exhibits went missing while it was preparing to deliver judgment and issue a disposal order.
“When I was about to deliver my judgment, I asked where these exhibits were, and they were nowhere to be found,” the judge said.
Five investigating officers, led by retired Sub-Inspector Kubutu, were summoned to explain the disappearance, but none could account for the missing firearms.
“They were pointing fingers at each other, and nobody could tell the court where the firearms were,” Justice Mokoko remarked.
As a result, on 11 December last year, the Court issued an order compelling Adv Matsoso to personally appear and account for the missing exhibits.
Justice Mokoko stressed that the issue extended beyond the case at hand, pointing to a troubling pattern in which firearm exhibits disappear after being returned to police custody.
“It has become apparent to this court that these firearms are released to the police and eventually they disappear. What troubles this court is that these very same exhibits resurface in the hands of criminals and are used to commit further offences.”
The case took a new turn when the court was later informed that the three missing firearms had been recovered at Pitso Ground Police Station in Maseru. When proceedings resumed, three firearms were produced before the court—two 7.65mm pistols and one 9mm pistol. Several rounds of ammunition, including both 9mm and 7.65mm rounds, were also presented.
The exhibits were identified as Marcel Ural, RCI, reference number 090523.
Appearing before the court, Adv Matsoso acknowledged that concerns about the misuse of firearm exhibits had been raised previously.
“We accept that there are challenges, particularly with storage and destruction, but that is not how these exhibits should be handled,” Adv Matsoso said.
He explained that firearms are usually destroyed annually, but limited resources sometimes delay the process, resulting in a backlog of weapons awaiting disposal.
Justice Mokoko, however, issued a stern warning, linking the disappearance of firearm exhibits to the country’s rising levels of violent crime.
“This country is facing serious murders and killings. It deeply troubles this court that the police, who are supposed to protect the public, may end up supporting criminals by allowing these firearms to find their way back into the streets.”
The court therefore ordered Adv Matsoso to inform it of the exact date on which the recovered firearms will be destroyed.
“At least then I will be certain that these exhibits will never again be used to take a life,” Justice Mokoko said.
The court warned that failure to enforce accountability within law enforcement risks undermining public confidence in the justice system.
