ConCourt to rule on Molibeli case

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Moorosi Tsiane

POLICE Commissioner Holomo Molibeli will have to wait until 13 July 2022 to know if Prime Minister Moeketsi Majoro and Police and Public Safety Minister Lepota Sekola will testify in his constitutional case challenging his dismissal.

Justice ‘Maseforo Mahase set the date on Tuesday. This after the Constitutional Court heard submissions by lawyers representing Commissioner Molibeli, Dr Majoro and Mr Sekola.

Through his lawyer Tekane Maqakachane, Commissioner Molibeli has applied for permission to refer to oral evidence in his application to stop Dr Majoro from advising His Majesty King Letsie III to fire him.

The under-fire police boss wants Dr Majoro and Mr Sekola, who are the first and second respondents in the main application, to testify.

Adv Maqakachane said oral evidence, and not just affidavits, would prove that Mr Sekola had indeed told his client that Dr Majoro had decided to advise the King to dismiss him.

In his court papers, Commissioner Molibeli says he received a phone call from Mr Sekola on 4 June 2022 informing him that Dr Majoro would continue with his mission to axe him since he had failed to respond to his show cause letter.

“On Saturday, 4th June 2022, Mr Sekola phoned to inform me that he had been in a meeting with Dr Majoro. He said since I had not responded to the show cause letter which directed that I should have responded by that day, Majoro would proceed to advice His Majesty to retire me. He also told me that communication to this effect would be delivered to His Majesty on Monday 6th June 2022, advising accordingly,” he states.

However, in their affidavits, both Dr Majoro and Mr Sekola deny meeting to discuss Commissioner Molibeli’s fate.

Mr Sekola also denied making any telephone calls to Commissioner Molibeli.

Commissioner Molibeli said he was left with no choice but to ask the court to call Dr Majoro and Mr Sekola into the witness box. He also wants the court to order Vodacom to dispatch the purported 4 June 2022 records of his phone call with Mr Sekola.

But Dr Major and Mr Sekola’s lawyer, Motiea Teele KC, on Tuesday argued that referring the matter into the oral evidence would have no impact as the dispute was not material.

Adv Teele further submitted that Commissioner Molibeli’s application was not interlocutory and it was wrong to join Vodacom Lesotho to the case.

“We submit that this application is not interlocutory at all. It is irregular in that the joinder of Vodacom Lesotho has not been sanctioned by the court. Records that are sought in the interlocutory application have not been shown to fact and they are not relevant to the main application.

“The application raises the question whether Vodacom has the authority or right in law to keep a record or conversations between its subscribers in the face of the right to privacy provided for in Section 11 of the Constitution,” Adv Teele said.

Adv Maqakachane argued that the evidence was not hearsay as both Dr Majoro and Mr Sekola were witnesses in the main application.

“We have the minister and prime minister as parties in this court. You have them as witnesses who have filed their affidavits, so this is not a matter of inadmissible hearsay,” he said.

Justice Mahase, who heard the matter with Justices Mabatšoeneng Hlaele and Moneuoa Kopo, said the court would rule next Wednesday whether Dr Majoro and Mr Sekola should testify in court.

 

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