. . . As she remains locked out of her office
…..Accuses gvt of wanting her out to protect its officials
…. She has targeted for prosecution, including a top cop
Moorosi Tsiane/Rethabile Pitso
THE embattled Director of Public Prosecutions (DPP), Hlalefang Motinyane, has lifted the lid on the battles she claims are behind her controversial suspension.
From being locked out of her office despite a court order reinstating her to her job, to receiving threats after charging Deputy Commissioner of Police (DCP) Sera Makharilele, Adv Motinyane insists her persecution is no coincidence.
Her 24 June 2025 suspension by Prime Minister Sam Matekane was nullified by the Constitutional Court (ConCourt) last week in a case filed on her behalf by the Law Society of Lesotho (LSL).
The Court ruled that the Prime Minister had no authority to suspend the DPP but despite the ruling, when Adv Motinyane reported for duty on Friday she found her office locked.
When the Lesotho Times visited her offices at the Government Complex, before going to print last night, it was still inaccessible to the DPP, in what constitutes a direct breach of the Concourt order issued by Justices Realeboha Mathaba, Mafelile Ralebese and Itumeleng Shale.
While the government remains in defiance of the court order, Adv Motinyane has decided to work from a colleague’s office. The Law Society has since exhorted the government to drop its defiance of the court order but to no avail as the DPP remains locked out.
Colleague’s Office
Speaking exclusively to this newspaper, Adv Motinyane, who was working from Prosecutor Lehlohonolo Phooko’s office, said her woes escalated after she decided to charge DCP Makharilele with defeating the ends of justice.
The senior police officer allegedly misled forensic auditors investigating a M32 million fraud at Lerotholi Polytechnic. That case is currently stalled at the Concourt after DCP Makharilele challenged her decision to charge him.
A defiant Adv Motinyane said her suspension was nothing more than a ploy to shield senior officials, including DCP Makharilele, whom she charged with defeating the ends of justice earlier this year.
“I suspect that part of the reason I was suspended is because of DCP Makharilele’s case. There are striking similarities between my suspension letter and his affidavit in his constitutional challenge,” she said.
“After I charged him, I learnt that he had assembled a team of four police officers to investigate me. They went to the courts, the Land Administration Authority (LAA), the Directorate on Corruption and Economic Offences (DCEO), and even interviewed staff in my office. But surprisingly, they never once approached me directly.”
She described the probe as malicious and said it highlighted a worrying pattern of police resisting prosecution in cases involving their colleagues, even though they were the very ones who brought dockets to her office.
“It is so frustrating. Some people behave as if these cases are mine, forgetting that I only act on dockets after police investigations. My role is to prefer charges and issue directives yet, when I do that, they fight me. And when I don’t issue directives, that too becomes a problem.”
Political Pressure
In her affidavit challenging Prime Minister Sam Matekane’s decision to establish a tribunal to impeach her, DPP Motinyane has also described how Deputy Prime Minister Nthomeng Majara asked her to drop the prosecution of Lesotho Congress for Democracy (LCD) leader, Methotjoa Metsing, whose party is a member of the current coalition government.
Adv Motinyane said she rejected the request as it was a direct attack on the independence of her office. The government itself, through Attorney General Rapelang Motsieloa, admitted that Ms Majara had indeed made the request though he disputed that it was an “instruction”. Still that admission was seen as full confirmation that the government was hell bent on interfering with the operations of the DPP’s office in blatant violation of the constitution.
Adv Motinyane said yesterday that despite the Constitutional Court ruling in her favour, her office remained locked.
“I came back on Friday morning but my office was still locked, and it remains locked even now. As a lawyer, I knew I had to report back after the ruling, otherwise it could be said I had deserted — and that would be used against me.”
She said she had reached out to Law Minister Richard Ramoeletsi, who told her he was out of the country and would only return on Wednesday (yesterday).
She also wrote to Police Commissioner Borotho Matsoso, whom she accused of locking her office in the first place. He too said he was out of the country.
“I will continue to use this office until my own is unlocked,” she said.
She said her immediate priority was to receive updates from Adv Lehlanako Mofilikoane, who had been Acting DPP in her absence, and meet with prosecutors to catch up on outstanding matters.
Security Withdrawn
Adv Motinyane also revealed that her security was withdrawn soon after her suspension.
“The LDF Commander, Lt-Gen Mojalefa Letsoela, recalled my two bodyguards without any explanation. That left me exposed, and since then I have received several threats against my life. I tried to reach him and he promised to meet me, but that never happened. For now, I won’t divulge further details for my safety,” she said.
The decision to withdraw her security appears to underline the government’s vindictive agenda against her. Even if her suspension had been done lawfully, she remains a senior officer of state entitled to all her perks until she is fully discharged from service.
Government spokesperson, Thabo Sekonyela, told the Lesotho Times yesterday that it was considering appealing the Concourt ruling. One top lawyer – who refused to be named for professional reasons as he sometimes gets briefs from the government – told us that appealing the ruling would amount to “judicial stupidity” on the part of the government.
“Yes, they can appeal, but such an appeal will be an exercise in futility. It will be judicial stupidity on the part of the government….,” said the lawyer.
“The Constitutional Court judgment was very clear in outlining what are pretty much obvious constitutional tenets regarding the independence of the DPP’s office. An appeal will only further prove that they are targeting a woman who is a hindrance to their mission of protecting their cronies.”
Adv Motinyane remains optimistic and adamant in protecting the independence of her office.
“The government is within its rights to appeal the judgment, and I am ready for that. For now, I remain positive and hopeful because the court has already pointed the way forward. What needs to be done will have to be done.”
Makharilele
For his part, DCP Makharilele dismissed her claims as baseless.
“I do not have the power to influence such big decisions. I was instructed by the Commissioner to investigate her. Unfortunately, midway, the Commissioner dismantled my team and I don’t know why to this day.”
He said his real concerns with the DPP began when he demanded accountability for police brutality cases.
“The problems started when I asked why cases involving police officers accused of killing civilians were never prosecuted. There are many such cases, and they remain unprosecuted.
“I believe in accountability and I am ready to be held accountable too, but I want a fair trial. Instead, the DPP appointed her personal lawyer, Tekane Maqakachane, to prosecute me. That clearly violates my right to a fair trial, which is why I approached the Constitutional Court,” said DCP Makharilele.
Contacted yesterday, Mr Ramoeletsi said his network signal was bad before his phone went unreachable.
