…as defence failure to file Form L delays proceedings
Hopolang Mokhopi
THE Maseru Magistrates Court has deferred the Directorate on Corruption and Economic Offences (DCEO)’s case against three former officials of the Lesotho National League of Visually Impaired Persons (LNLVIP) after their lawyers failed to file a newly introduced Form L required under the new Criminal Litigation Rules 2026.
The matter was postponed to 25 August 2026, after the defence failed to comply with the new procedural requirement ahead of the scheduled proceedings this week.
Under Section 762 of the Criminal Litigation Rules 2026, defence lawyers are now required to submit Form L before a criminal trial. The form must be filed at least 14 days before a matter is heard in the Magistrate’s Court and 21 days before a High Court case.
The form is intended to outline the accused’s defence, including the facts disputed, witnesses to be called and legal points the defence intends to rely on.
The new requirement is aimed at improving case management, expediting criminal proceedings and preventing what is commonly referred to as “trial by ambush”.
In cases where an accused relies on evidence from an alibi, for example, the defence is expected to disclose the names and addresses of witnesses who will testify that the accused was elsewhere when the alleged offence occurred.
Form L contains separate provisions for guilty and not-guilty pleas and must be completed before proceedings commence.
The LNLVIP matter came before Magistrate Lebusa Tšosane on Tuesday, with Advocate Mpakanyane appearing for the DCEO and Advocates Potso Mokhachane and Lepeli Molapo representing the defence.
The accused are former LNLVIP accountant Cecilia Rahlao, former secretary general Mabataung Khetsi and former treasurer Tlalane Lebusa.
They were scheduled to appear in court on August 11, 12 and 13, but the failure to comply with the new procedural requirements resulted in the proceedings being moved to August 25.
The Criminal Litigation Rules 2026 were introduced earlier this year and are now being strictly enforced by the courts as part of efforts to improve the administration and management of criminal cases.
The trio is accused by the DCEO of acting in concert to unlawfully embezzle M966 650 between October 2021 and December 2023.
According to preliminary findings presented by the DCEO, the accused allegedly made unauthorised cash withdrawals totalling M140 440 from one of LNLVIP’s Standard Lesotho Bank accounts and used the funds for their personal benefit.
LNLVIP is an advocacy organisation representing blind and partially sighted people. It promotes equal opportunities, provides support services and advocates for the removal of barriers faced by people with visual impairments.
