Moorosi Tsiane
FORMER Police Commissioner, Molahlehi Letsoepa, will spend this Christmas in jail after the High Court yesterday reserved judgment on his bail application until 12 January 2026.
Justice Mafelile Ralebese announced the decision yesterday at the end of marathon arguments from both the prosecution’s Advocate Lehlanako Mofilikoane and Letsoepa’s lawyer, Adv Zwelakhe Mda KC, in a case that has reignited legal and public interest following the cancellation of Letsoepa’s August 2025 bail by the Court of Appeal.
Letsoepa is accused of the 2016 murder of Police Constable Mokalekale Khetheng.
The bail proceedings, which began on Monday, were initially overshadowed by preliminary submissions by Adv Lehlanako Mofilikoane, who argued that Justice Ralebese should not preside over the matter for the second time as per a previous Court of Appeal order.
Adv Mofilikoane relied on a 7 November 2025 Court of Appeal ruling which set aside Letsoepa’s August bail after the Khetheng family successfully challenged it.
Through their lawyer, Advocate Christopher Lephuthing, the family argued that the bail hearing had been improperly conducted in chambers, instead of being heard in open court.
The apex court agreed, nullifying the bail and sending the matter back to the High Court to be heard afresh.
On that basis, Adv Mofilikoane contended that Justice Ralebese was functus officio (had done his duty), therefore the matter should be assigned to a different judge to avoid any perceptions of bias.
“We submit, My Lady, that it would be wrong for this court to hear the matter again after it previously made a final decision on it,” argued Adv Mofilikoane, adding that impartiality under Section 12 of the Constitution would be compromised if the same judge heard the case again.
She further warned that allowing the same judge to preside over the case could undermine public confidence in the administration of justice, given that the Court of Appeal had nullified the earlier proceedings.
However, Adv Mda strongly opposed the application, arguing that no formal recusal application had been filed and that the prosecution was attempting to remove the judge “from the bar”.
Adv Mda maintained that the Court of Appeal had strictly confined itself to a procedural flaw — namely, that the bail hearing was held in chambers — and had not ruled on the merits of the bail application.
“The order is clear. The matter is remitted to the High Court to be heard afresh in open court. There is no judgment on the merits, and therefore the principle of functus officio does not apply,” countered Adv Mda.
Justice Ralebese agreed, dismissing the prosecution’s objection yesterday morning.
In a detailed ruling, she held that the Court of Appeal had not directed that the matter be heard before a different judge and that the nullification of the earlier proceedings did not strip her court of jurisdiction.
“There is nothing to indicate that this matter should stand before a different judge or a different institutional court,” ruled Justice Ralebese, adding that the bail application would be reheard afresh on the basis of the papers and arguments already filed.
With the preliminary hurdle cleared, the court proceeded to hear arguments on the merits of the bail application.
Adv Mda urged the court to admit Letsoepa to bail, stressing that his client had been cooperative with authorities since returning from exile.
“After the nullification of his bail, Mr Letsoepa was not arrested immediately. He reported himself to the police three times before being re-arrested and taken back to the correctional facility,” said Adv Mda.
He further argued that Letsoepa’s poor health and chronic medical condition constituted exceptional circumstances justifying. The prosecution was not convinced however.
Adv Mofilikoane argued that Letsoepa had failed to provide medical certificates to substantiate his claims of ill health and insisted that the alleged condition could not be accepted at face value.
She also raised the risk of absconding, pointing out that Letsoepa had fled the country before in 2017 when he was first wanted in connection with the murder and only returned to Lesotho in June this year.
“There is a high risk of abscondment,” she said. “He left the country for years and only came back recently.”
After hearing both sides, Justice Ralebese reserved her decision to 12 January 2026, sealing Letsoepa’s Christmas behind bars.
Letsoepa fled Lesotho in 2017 while under investigation for the killing of PC Khetheng and lived in exile until his return earlier this year. Following his return, he allegedly held meetings with Justice Minister Richard Ramoeletsi and Police Commissioner Advocate Borotho Matsoso before he was put into custody.
