…from the M14 million fraud and corruption trial
…claims bias, personal interest in Lesotho Post Bank case
Moorosi Tsiane
THE Directorate on Corruption and Economic Offences (DCEO) wants Central Chief Magistrate, ‘Matankiso Nthunya, to recuse herself from presiding over a fraud and money laundering case involving former Lesotho Post Bank (LPB) Chief Executive Officer, Molefi Leqhaoe.
The anti-graft body accuses Magistrate Nthunya of demonstrating bias by refusing to postpone the trial to allow the DCEO to add more accused persons.
Leqhaoe, together with LPB Chief Sales Manager, ‘Mathabo Tšehlo, and Digital Banking Manager, ‘Mamohau Mapota, faces allegations of orchestrating a fraudulent scheme that cost the government M10,582,995 and the Post Bank an additional M3,235,500.
The trio first appeared before Resident Magistrate Thabang Tapole in August 2024, where they were each granted M10,000 bail.
According to the DCEO’s Deputy Director of Prosecutions, Advocate Pelea Joala, the recusal application stems from Magistrate Nthunya’s decision on 14 November 2024 to proceed with plea recording, despite the Crown’s request for more time to include four additional accused and transfer the matter to the High Court.
“The Crown made it clear it was not ready because it intended to join four further accused and move the matter to the High Court. The Magistrate, fully aware of this, forced the trial to proceed,” argued Adv Joala.
He said the Crown had also been denied a reasonable request to stand down proceedings in order to obtain further instructions. Instead, the court ordered the accused to plead, even though the defence had not yet received the docket.
“The request to stand down was unreasonably refused. This was a clear indication of Magistrate Nthunya’s adverse attitude towards the Crown,” Joala submitted.
He went further, alleging that the Magistrate’s insistence on recording pleas was an attempt to keep the case under her control.
“This shows more than perceived bias. It reflects a vested interest in keeping the matter before her, even as the Crown sought to transfer it. She frequently interrupted Crown counsel but allowed defence counsel to argue at length.”
Adv Joala contended that the Magistrate’s conduct undermined principles of justice.
“The right to a fair trial includes giving the Crown a proper opportunity to prepare its case and determine the appropriate forum. Magistrate Nthunya’s actions compromised this right and point to a personal stake in the case,” he said, adding that she should step aside in order to preserve public confidence in the judiciary.
“If justice is to be served, and perceptions of bias dispelled, she must step aside. Her continued presence will only deepen suspicions of partiality.”
However, defence lawyer, Adv Rethabile Setlojoane, hit back, accusing the DCEO of attempting to intimidate the bench.
“He is simply unhappy that the court dismissed all Crown applications. He conceals the fact that he made an oral recusal application on 14 November, which was rightly refused,” said Adv Setlojoane.
He added that the defence had signalled readiness to proceed even after the inclusion of two new accused, despite not yet having received the docket.
After hearing arguments on Tuesday, Magistrate Nthunya reserved judgment on the recusal application.
Meanwhile, the case is rooted in a wide-ranging corruption scandal linked to the Basotho Fleet Scheme. The DCEO alleges that the accused, working with officials from the Ministry of Finance and Development Planning, approved fraudulent vehicle loans which were later leased to the government at inflated rental rates.
The LPB allegedly disbursed loans to relatives and close associates of the accused, including: M440 000 to Malerato Tlalinyane, M432 000 to Maletsabisa Seboka, M475 000 to Mamorena Matsoso, and M580 000 to Khethang Makhetha.
Other beneficiaries named are Thabo Tšehlo (the son of the LPB sales manager), Mampho Molefi, Jota Hlabana, Ntsebo Thamae, and Keneuoe Mochekoane.
Finance Ministry official, Folojeng Folojeng, and former Gender Ministry Principal Secretary, Tjoetsane Seoka, are also implicated for allegedly facilitating the contracts and ensuring that relatives of the LPB executives were prioritised.
Under the scheme, the government reportedly paid monthly vehicle rental fees ranging from M19,702 to M21,623, resulting in a total prejudice of M10,582,995.
The matter remains pending as the court prepares to deliver its ruling on the DCEO’s recusal application.
