…as court issues warrants for two Chinese accused after failing to appear
Hopolang Mokhopi
THE application by the accused in the Khubetsoana suspected drug laboratory case to have the charges quashed and set aside has been postponed to 19 October 2026, after two Chinese nationals failed to appear before the Maseru Magistrates Court this week.
Magistrate Lebusa Tšosane issued warrants of arrest for Chen Minglevu and Yang Xiong Kang after they failed to attend court for the hearing of the application.
The development came as the court was also told that the third accused who failed to appear, Basotho National Party (BNP) leader Machesetsa Mofomobe, could not be reached by his lawyer.
Mr Mofomobe eventually arrived in court shortly after a warrant had been issued against him.
The three are accused alongside Chinese national Chen Wei, the Chinese company Stan Dar (Pty) Ltd, Ministry of Trade, Business Development and Industry Senior Industry Development Officer Kemong Masupha manufacturing drugs in Khubetsoana.
The Crown was represented by Acting Director of Public Prosecutions Advocate Lehlanako Mofilikoane, Advocates Tsebiso Fuma and Keketso Motiki. The defence was represented by Advocates Christopher Lephuthing and Qhophe.
Adv Lephuthing told the court that he had tried unsuccessfully to contact his clients.
Magistrate Tšosane said the matter could not proceed in the absence of some of the accused.
“I cannot proceed with the case while other accused are not before court. At some stage they will complain at the High Court that I proceeded in their absence. That is not how the law works, it will be unprocedural for me to proceed,” he said.
However, Adv Lephuthing argued that the court should proceed because all the necessary papers had already been filed.
“I am ready to proceed with the case today, so I hear my learned friends saying we should postpone. It will be a sad day for me if the case is not argued because someone is missing, yet everything has been submitted,” Adv Lephuthing said.
He argued that the application to quash and set aside the charges had a civil component and that the court could deal with that aspect while leaving the issue of the warrants to its discretion.
“This matter should not be postponed today. We are hearing an application for quashing and setting aside. It is not affected by the absence of other accused persons and there should not be a warrant. This case should not be postponed,” Adv Lephuthing submitted.
Adv Fuma, for the Crown, said the court should be guided by Section 173 of the Criminal Procedure and Evidence Act, arguing that the accused were still required to be present even if the application contained a civil component.
“Even if this takes a civil component of the litigation, accused persons still need to be before court,” Adv Fuma said.
When given an opportunity to explain his absence, Mr Mofomobe told the court that he had known about the hearing but had been delayed by a family emergency.
“I was very much aware about this day but I had to rush my brother to the hospital. I didn’t know that I would be held up there,” he said.
Adv Motiki said this was not the first time Mr Mofomobe had failed to attend a remand hearing.
She noted that the court had previously been told that he was ill, while on this occasion he had cited his brother’s hospitalisation.
“I understand that no one chooses to be sick, but next time he should inform his lawyer that he won’t make it or that he will arrive late,” Adv Motiki said.
She also told the court that proceedings had started late after the defence requested an indulgence because they would arrive late.
“We started late because they asked for indulgence that they will be behind time. Next time we will not ask that the warrant be revoked. We will ask that he be kept at the Lesotho Correctional Service,” she said.
Magistrate Tšosane warned Mr Mofomobe that his explanation would not be accepted again.
“This should be the last time. Next time I will not revoke the warrant but will keep you at the Lesotho Correctional Service,” the magistrate warned.
The court subsequently revoked Mr Mofomobe’s warrant, but the warrants for Mr Minglevu and Mr Kang remain in force.
The six accused face three charges arising from allegations surrounding a suspected clandestine drug laboratory at Khubetsoana, Lifariking.
The charges include unlawfully manufacturing drugs, importing medicines and medical devices without the required licences, and discharging hazardous substances and chemicals into the environment without complying with prescribed regulations.
The accused were charged in June this year, with Mr Mofomobe being joined to the case last month. They were released on M5000 bail and M50 000 surety.
The Crown alleges that between August 2025 and March 2026, the accused unlawfully produced, manufactured and distributed drugs of abuse, including ephedrine, pseudoephedrine, methcathinone and methamphetamine.
They are further accused of importing medicines and medical devices through the Maseru Border Post without the required licences.
The third charge relates to allegations that hazardous substances and chemicals were discharged into the environment without compliance with prescribed regulations.
The case stems from a February 2026 raid by the Maseru Central Beat Patrol Unit on a rented workshop in Lifariking, Khubetsoana.
Police allegedly discovered about 7.5 tonnes of chemicals associated with the manufacture of crystal methamphetamine, ecstasy and substances linked to khat. The substances were estimated to have a street value of about M5 billion.
Mr Mofomobe has denied wrongdoing and described the case against him as persecution.
The matter returns before Magistrate Tšosane on 19 October 2026.
