Hopolang Mokhopi
FORMER Acting Commissioner of Refugees, Nthatisi Thabane, and Director of Passport Services, Mpiko Rafono, have been hit with additional charges of attempted fraud and corruption.
The duo was this week jointly charged with Asumani Saleh, whom they are accused of having illegally issued with a refugee certificate.
Thabane and Rafono had last week appeared before Magistrate Nkhethoa Molapo on charges of fraud and abuse of power for allegedly unlawfully issuing refugee certificates to foreign nationals.
Court records indicate that refugee certificates were allegedly issued to Saleh on 31 July 2024, Alhaji Karabo on 10 March 2025, Altest Mavhenela on 5 May 2025, and Besem Arrey on 11 June 2025. However, the latter three have not been charged.
Thabane and Rafono were suspended in June last year pending investigations into their alleged misconduct. Rafono resumed duty last Friday, while Thabane remains on suspension.
This week, the accused appeared before Magistrate Puseletso McPherson, with the Crown led by Advocate Moeketsi Tšolo. Defence counsel were Advocate Bokang Pita and Attorney Thato Chabana.
Reading the charge sheet, Magistrate McPherson informed the accused that Thabane and Rafono would be added to the second charge and third count, while Saleh would be joined in count three.
According to the charge sheet, the accused, ” ….acting in concert or individually, intentionally and unlawfully made a false representation to the Minister of Local government, Chieftainship, Home Affairs and Police, Lebona Lephema, or concealed facts which they had a duty to disclose. They falsely represented that the Refugee Status Determination Committee had recommended that certain individuals be granted refugee status, whereas no such recommendation had been made.”
Count three, which mainly concerns Saleh (accused 3) under the Refugee Act, alleges that on or about 16 December 2025, at or near the Home Affairs offices in Maseru, he unlawfully and intentionally refused to produce his identity documents to a police officer who had reasonably required them by law.
Adv Tšolo told the court that accused 1 and 2 (Thabane and Rafono) were already on bail and that their bail conditions should remain unchanged despite the additional charges. He applied that Accused 3 be granted bail on similar terms, with a deposit of M5000.
Magistrate McPherson informed Saleh of his right to bail and right to legal representation of his choice.
Appearing for Saleh, Adv Pita applied for bail, stating that Saleh is an asylum seeker from the Democratic Republic of Congo (DRC), where people are “being killed daily”. He said Saleh is under the care of a church and lives with his heavily pregnant partner and a minor child, arguing that he was unlikely to abscond.
“He has no one who can stand surety for him,” Adv Pita told the court, adding that Saleh is unemployed and should therefore be admitted on minimal bail of M500.
However, the court granted Saleh bail of M5000, subject to conditions that he attend all remand hearings, not interfere with police investigations or Crown witnesses, and stand trial until finalisation.
Magistrate McPherson further directed Saleh to produce a person who can lodge a national identity document with the court to ensure that he does not abscond and attends all remands.
