…says suspension of Motinyane is “unconstitutional”
Moorosi Tsiane
THE Law Society of Lesotho (LSL) has escalated its fight to have the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane’s suspension lifted to the Constitutional Court.
The LSL petitioned the Constitutional Court on Thursday this week seeking the reversal of Prime Minister Sam Matekane’s decision to suspend Adv Motinyane, branding the move unconstitutional and an affront to judicial independence.
In detailed court papers, LSL President, Adv Lintle Tuke, asserts that Mr Matekane acted in blatant violation of the Constitution by unilaterally suspending Adv Motinyane on 24 June 2025, despite ongoing court proceedings questioning the legality of such an impeachment attempt.
Mr Matekane, the Public Service Commission and Attorney General Rapelang Motsieloa KC are cited as first, second and third respondents.
Adv Tuke maintains that only His Majesty the King, acting on the advice of the Public Service Commission, holds the constitutional authority to suspend the DPP — which procedure he argues was not followed.
“In terms of Section 141 of the Constitution, the constitutional pre-requisites and pre-conditions for the valid suspension of the Director of Public Prosecutions are that:
“First, the Tribunal for investigation of the question as to the removal of the Director of Public Prosecutions from office for inability or misbehaviour should have been established/appointed by His Majesty the King and its members selected by the Chief Justice.
“Second, the relevant question of removing the Director of Public Prosecutions from office for inability or misconduct must have been referred to the said Tribunal.
“Thirdly, the Public Service Commission should write to the Director of Public Prosecutions requiring her to show cause why the Commission may not advise His Majesty the King to suspend the Director of Public Prosecutions from office.
“Fourth, the Public Service Commission should advise His Majesty the King to suspend the Director of Public Prosecutions from office.
“Finally, His Majesty the King must act on the advice of the Public Service Commission to suspend the Director of Public Prosecutions. The decision of the Prime Minister is thus unconstitutional, null and void ab initio,” Adv Tuke argues.
Adv Motinyane received the suspension letter on 30 June 2025 and responded one the same day.
However, upon reporting to work on 1 July, she discovered that the locks to her office had been changed, and her security detail removed — actions the Law Society describes as malicious and intended to unlawfully bar her from discharging her constitutional duties.
The Law Society had, on 1 July, written to Mr Matekane demanding the immediate withdrawal of the suspension and respect for ongoing litigation in Constitutional Case No. 0008/2024, which was filed by Adv Motinyane contesting the legality of the impeachment process.
The Law Society then held a meeting on 2 July with the Attorney General Adv Rapelang Motsieloa KC and the Minister of Law and Justice, Richard Ramoeletsi.
However, the government maintained that it would not withdraw the suspension, which prompted the Law Society to seek redress in the courts.
Adv Tuke now seeks an interdict preventing the appointment of any acting DPP, warning that such a move would trigger a legal and constitutional crisis.
He argues that without the lawful suspension or removal of Adv Motinyane, no valid acting appointment can be made, and any attempt to do so would paralyse the criminal justice system.
“If the matter is not heard urgently, the unconstitutional suspension will remain in effect and decisions made by an unlawfully appointed acting DPP may be rendered invalid, potentially collapsing prosecutions and reopening concluded matters.
“The legal system cannot retroactively validate decisions made by an official who lacked constitutional authority to act. Once these decisions are made, they cannot be reversed without causing chaos in the criminal justice system. Substantial redress would therefore be impossible if the matter is not addressed immediately.”
The Law Society says it is compelled to act in defence of the rule of law and the integrity of the justice system, given the far-reaching implications of Mr Matekane’s decision.
Adv Tuke therefore pleads with the court to declare Adv Motinyane’s suspension as unconstitutional, null and void ab initio for violation of Section 141(7) of the Constitution of Lesotho and for violation of the sub judice principle which forbids parties from acting on matters pending before court.
He wants the court to set aside Mr Matekane’s letter dated 24 June 2025 suspending Adv Motinyane and seeks an order to interdict and restrain the Public Service Commission from appointing any person to act in the office of the Director of Public Prosecutions.
The case has been filed as an urgent matter and is expected to be moved tomorrow (Monday).
