Moorosi Tsiane
FORMER Deputy Prime Minister Mothetjoa Metsing’s treason trial, in which he is jointly charged with Minister of Agriculture, Food Security and Nutrition Selibe Mochoboroane and others, failed to proceed this week after Mr Metsing travelled to Zambia on official election-observer duties.
The trial was scheduled to continue from Tuesday to Friday, but the High Court was informed that Mr Metsing had travelled to Zambia as an official observer in that country’s general elections, prompting the court to postpone the matter to September.
Mr Metsing’s lawyer, Advocate (Adv) Motiea Teele KC, had asked trial judge ‘Maliepollo Makhetha to allow the trial to proceed in his client’s absence, but the application was rejected.
“Fifth accused is out in Zambia as an official general elections observer. I ask that the matter be postponed to the next date, which is 21 September 2026,” Adv Teele told the court.
Zambia is today holding general elections to elect a president, members of the national assembly, councillors and council chairs.
Mr Metsing is part of the Southern African Development Community (SADC) Election Observer Mission (SEOM).
Adv Motene Rafoneke, representing the Crown, said the prosecution had no objection to the application, although it had prepared to proceed with the trial on the assumption that Mr Metsing’s application would be granted.
“We really do not have an issue with the application. It is an understandable predicament. The whole idea of the application was that the matter proceed in his absence. But owing to the provisions of the rule, we really accept that now, in his absence, a postponement becomes a necessity,” Adv Rafoneke said.
He said the Crown had been ready to complete its case because it had anticipated that the application would succeed, noting that the court had previously allowed proceedings to continue when one of the accused was unavailable.
Justice Makhetha, however, said she could not continue with the matter based on her previous interpretation of Rule 127 of the High Court Litigation Rules, which had allowed proceedings to continue in the absence of another accused, Mr Mochoboroane.
“Rule 127 that I relied on to allow the other accused is not to be interpreted in the way I did. The CP&E (Criminal Procedure and Evidence Act) is very clear and I am not going to continue with that wrong interpretation,” Justice Makhetha said.
She also cautioned Adv Teele to ensure that future commitments did not clash with the trial dates.
“Adv Teele, let’s always make sure that the dates do not clash next time,” she said.
The judge subsequently granted the application for postponement and adjourned the matter to 21–24 September 2026.
Messrs Metsing and Mochoboroane are jointly charged with former Lesotho Defence Force (LDF) commander Lieutenant-General Tlali Kamoli, Lance Corporal Leutsoa Motsieloa and Lance Corporal Ntsane Leutsoa.
They face a raft of charges, including treason, the murder of police Sub-Inspector Mokheseng Ramahloko and the attempted murder of Letsekang Mothibeli.
The accused also face alternative charges relating to the alleged risk of injury or death and aggravated assault involving Sergeant Kamoho Mahanetse, Lance Sergeant Thabisa Kopa, Lance Sergeant Shaabe Thamae, Police Constable Mokete Litulo and Police Constable Mone.
