. . . as she takes battle to the Appeal Court
Moorosi Tsiane/Hopolang Mokhopi
THE suspended Director of Public Prosecutions (DPP), Hlalefang Motinyane, has escalated her fight to reclaim her post by appealing a Constitutional Court decision of three judges who refused to recuse themselves from her constitutional case.
Advocate (Adv) Motinyane contends that Justices Fumane Khabo, Tšeliso Mokoko, and Moneuoa Kopo erred and misdirected themselves by refusing to step aside in her case, in which she seeks to block Prime Minister Sam Matekane from impeaching her.
The trio had, on 28 July 2025, dismissed her recusal bid, prompting Adv Motinyane to take her challenge to the Court of Appeal.
Through her lawyer, Adv Tekane Maqakachane, DPP Motinyane argues in her appeal papers that the judges’ appointment by Chief Justice Sakoane Sakoane — a respondent in the main case — creates an unavoidable perception of bias.
“The applicant, being dissatisfied with the judgment and order of the High Court (per Honourable Justices Khabo, Mokoko, and Kopo) of 28 July 2025, hereby appeals against the whole of that judgment,” her appeal reads.
She maintains the court “erred and misdirected itself” by refusing to disqualify the judges, emphasising that their association with the Chief Justice undermines impartiality.
“The court a quo (from which the appeal was taken) erred and misdirected itself in dismissing the application for disqualification of the Honourable Judges of the High Court. The application ought to have been upheld on the ground that the honourable Judges were disqualified by virtue of their appointment by one of the parties to the case (i.e., Honourable Chief Justice — the fifth respondent) to sit in judgment and preside over the case in which the same honourable Chief Justice has been joined as a party,” argues Adv Motinyane.
“A reasonable person in the position of the appellant would have entertained a reasonable suspicion that the honourable Judges would not bring an objective and fair mind to bear on the case.”
Adv Motinyane also challenges the court’s reliance on res judicata (a matter judged), insisting the disqualification request is materially different from the main case and stems from a personal conflict between her and the bench.
She now seeks to have the appeal upheld and the Constitutional Court’s decision overturned.
This latest court action comes barely a month after the same judges accused her of deliberately sabotaging her own case. The rebuke came after yet another failed interlocutory application by Adv Motinyane aimed at blocking Mr Matekane from impeaching her.
Her legal troubles, which had unfolded over more than a year, culminated in her suspension in June, with Adv Lehlanako Mofilikoane appointed as acting DPP.
The case has been marred by numerous procedural challenges, many filed by Adv Motinyane herself, which have delayed the main hearing and tested the court’s patience.
Justice Mokoko described her conduct as “frustrating”.
“This application has proved to have characteristics of frustrating the opponent or that the applicant has not weaned from the old practice . . . This will not be countenanced in the future,” Justice Mokoko declared while delivering the court’s ruling.
