Moorosi Tsiane
HIGH Court judge, Justice Charles Hungwe, has harshly criticised a lawyer representing one of the soldiers facing charges of attempted murder and malicious damage to property in one of the high profile cases before him.
Advocate Thapelo Ntsiki represented Heqoa Malefane, who is charged alongside former army commander Tlali Kamoli, Pitso Ramoepane, Litekanyo Nyakane, and Mohlalefi Seitlheko. The charges relate to the 27 January 2014 simultaneous bombings of former First Lady ‘Maesaiah Thabane’s Moshoeshoe II home and the Ha-Abia residence of the then Police Commissioner, Khothatso Tšooana.
Adv Ntsiki was absent when the case was supposed to proceed yesterday. Adv Limakatso Mokhatholane, standing in for Adv Ntsiki, informed the court that the latter was withdrawing from the matter.
“Adv Ntsiki inherited the case from the late Advocate (Hopolang) Nathane, who became a judge. Following Justice Nathane’s passing, a will indicated the management of his properties by his wife who was appointed the executor. Adv Ntsiki has been unable to access the case files as they are with the Law Society,” explained Adv Mokhatholane.
Justice Hungwe demanded Adv Ntsiki to appear in court to explain himself, resulting in a 30-minute adjournment. Upon returning, Adv Ntsiki confirmed Adv Mokhatholane’s statement and added that he had ceased practicing law.
“I was appointed caretaker of Nathane Chambers and managed his firm since 2022 to finalize pending matters. After Nathane’s death, his will appointed his wife as executrix, dictating that the Law Society manage the firm. We submitted files to the Law Society, including the one for the accused. The Law Society intended to contact clients directly for representation matters. We couldn’t communicate directly with the client in prison and had to relay messages through a liaison. I am no longer a practicing advocate as of October 2023,” Adv Ntsiki stated.
Judge Hungwe was unimpressed, asserting that Adv Ntsiki should have informed his client of the developments and advised the Law Society.
“You were obligated to hand over your work upon leaving practice. Informing your client and advising the Law Society was essential. The will should not have interfered with your responsibilities. You failed to ensure the case continued smoothly, nor did you formally withdraw. Your conduct has caused this situation, not the will,” said Justice Hungwe.
Crown Counsel, Adv Rethabile Setlojoane, suggested the case continues with Adv Raboloetsi Makara, initially on a watching brief, to take notes and brief the new lawyer for Malefane once appointed.
However, other defence counsels disagreed, noting Adv Makara’s involvement with the Director of Public Prosecutions (DPP). Adv Letuka Molati, representing Kamoli, argued that Adv Makara was disqualified due to his work for the DPP.
“Adv Makara is handling DPP briefs. I’m uncomfortable co-defending with him. He is disqualified from being a defence lawyer while prosecuting some matters,” Adv Molati contended.
Adv Kabelo Letuka concurred, stating, “It would be prejudicial to proceed with a lawyer who hasn’t consulted the client. It would be misconduct for Adv Makara to represent a client without consultation.”
Adv Makara denied receiving briefs from the DPP and expressed readiness to take over and consult with the client.
“I have no briefs from the DPP. I’m prepared to proceed and will consult the client,” Adv Makara asserted.
Justice Hungwe released Adv Ntsiki from the case and adjourned it until today (Thursday).
“I will release Adv Ntsiki and allow Adv Makara to represent the accused. The case will proceed tomorrow,” Justice Hungwe declared.