Mohloai Mpesi
LEADER of the Opposition in Parliament, Mathibeli Mokhothu, has accused the government of mounting a sustained assault on the Constitution by repeatedly defying court orders, warning that the trend is undermining democracy and jeopardising Lesotho’s ongoing national reforms.
Mr Mokhothu, who also leads the Democratic Congress (DC), has written a three-page letter to Parliament condemning what he describes as the executive’s growing disregard for binding court rulings.
The letter, dated 20 July 2026, follows a string of cases in which the government has allegedly failed to implement court decisions, a pattern Mr Mokhothu says is giving the country an increasingly authoritarian character.
He argued that the Revolution for Prosperity (RFP)-led administration’s refusal to comply with court judgments was not only unlawful but posed a serious threat to constitutional democracy.
“The Office of the Official Leader of the Opposition expresses its gravest concern and unequivocal condemnation of the continued and deliberate refusal by the RFP-led Government to comply with binding decisions of the courts of the Kingdom of Lesotho.
“No democracy can survive where those entrusted with executive authority choose which court judgments to obey and which to disregard. Such conduct is not merely unlawful; it is an open declaration that the Executive considers itself superior to the Constitution and the Judiciary.
“This is a dangerous path that threatens the very existence of constitutional democracy in Lesotho. The RFP Government has established a disturbing and systematic pattern of defiance of judicial authority,” Mr Mokhothu wrote.
Among the cases cited is the Constitutional Court’s interim order directing Ombudsman Advocate Tlotliso Polaki to remain in office pending the final determination of her case.
Mr Mokhothu also referred to the Constitutional Court order directing the reinstatement of Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane, saying both officials remain locked out of their offices despite the rulings.
He alleged the lockouts were carried out on the instructions of Minister of Law and Justice Richard Ramoeletsi.
“On the 29th of June 2026, the Constitutional Court issued an interim order directing that the Ombudsman, Adv Tlotliso Polaki, should continue serving in office pending the final determination of the matter.
“Despite this binding order, she remains locked out of her office following directives reportedly issued by the Minister of Law and Justice.
“In September 2025, the Constitutional Court ordered the immediate reinstatement of the Director of Public Prosecutions (DPP), Adv Hlalefang Motinyane, yet she remains denied access to her office following directives reportedly issued by the Minister of Law and Justice.”
Mr Mokhothu also cited the government’s failure to implement a court order reinstating Revenue Services Lesotho (RSL) Commissioner General Advocate ‘Mathabo Mokoko.
“The court ordered the reinstatement of the Revenue Services Lesotho (RSL)’s Commissioner General, Adv ‘Mathabo Mokoko, but that judgment continues to be ignored.”
He further pointed to the government’s failure to comply with a Court of Appeal ruling ordering the reinstatement of 76 National Security Service (NSS) officers.
“On the 7th of November 2025, the Court of Appeal, the highest court of the land, ordered the reinstatement of 76 National Security Service (NSS) officers, yet the judgment remains unimplemented to date.
“Despite a Labour Court interdict issued on the 2nd of July 2026, ‘Mating Mahooana was dismissed from the Public Service in direct contravention of the court’s order.
“Court orders issued in 2024 directing salary adjustments and payment of arrears to Lesotho Correctional Service (LCS) officers, backdated to September 2019, remain ignored to this day.”
Mr Mokhothu said the cases revealed a deliberate pattern of executive interference that was steadily eroding the constitutional separation of powers.
“These are not isolated incidents. Together, they reveal a calculated and systematic pattern of executive disregard for judicial authority. Such conduct strikes at the heart of the constitutional order and fundamentally erodes the separation of powers upon which our democracy is founded.
“The Constitution is the supreme law of the Kingdom. Court judgments are not suggestions; they are binding legal directives. No minister, no principal secretary and no government possesses constitutional authority to suspend, ignore or frustrate the execution of judicial decisions.
“A government that persistently refuses to obey the courts is steadily transforming itself into an authoritarian administration. When the Executive places itself above the law, democratic governance gives way to executive arbitrariness.”
He argued that the government’s conduct was also undermining the national reforms process.
“Such conduct is characteristic of governments that rule through power rather than through law. The continued defiance of court orders gravely undermines the national reforms currently underway in Lesotho.
“These reforms were established to strengthen constitutional governance, reinforce judicial independence, enhance accountability and restore public confidence in state institutions.
“Yet these objectives become meaningless when the very government entrusted with implementing reforms openly disregards the Constitution and judicial authority.”
Mr Mokhothu said the government could not credibly champion constitutional reforms while ignoring court decisions.
“It is impossible to speak credibly about democratic reforms while simultaneously refusing to implement court judgments. A Government cannot claim to champion constitutionalism while actively dismantling its very foundations.
“This conduct also represents a serious assault on the fundamental human rights of affected individuals who continue to be deprived of their constitutional rights despite having obtained lawful remedies from competent courts.
“It sends a chilling message that even a successful litigant against the government cannot expect justice to be enforced.”
He called on Basotho who believe in constitutional democracy and the rule of law, including political parties, civil society organisations, churches, labour movements, professional bodies, human rights groups, the media, the legal fraternity and international partners such as the Southern African Development Community (SADC), the African Union (AU), the Commonwealth, the United Nations (UN) and diplomatic missions accredited to Lesotho, to speak out against what he described as the erosion of constitutional governance.
“If the Executive can disregard the Judiciary today, tomorrow it will disregard Parliament, constitutional commissions, independent institutions and ultimately the rights and freedoms of every Mosotho.”
In September 2025, the Constitutional Court nullified Mr Matekane’s June 2025 suspension of Adv Motinyane, ruling that only Public Service Commission could recommend her suspension to the King, and not the Prime Minister.
However, when she reported for duty after the judgment, she was locked out of her office before being suspended again in October 2025 under a fresh legal notice, which she continues to challenge in court.
Adv Polaki’s dispute with the government is more recent. She argues that the administration is attempting to remove her from office before Parliament establishes the transitional “Responsible Authority” envisaged under the Tenth Amendment to the Constitution to oversee the appointment of her successor.
The RSL board was previously ordered not to fire Adv Mokoko pending her Labour Court challenge after she was slapped with the show cause letter, but nonetheless, the Board proceeded to fire her.
NSS Director General Itumeleng Letsepe has also vowed that he will not reinstate the 76 NSS officers saying they remained fired after failing to report for duty 14 days after appeal judgement.
