…Khetheng family demands his re-arrest
…argues that since he absconded for seven years, he is unfit for bail
Moorosi Tsiane
THE family of slain Police Constable (PC) Mokalekale Khetheng has petitioned the Court of Appeal to revoke the High Court’s decision granting former Police Commissioner, Molahlehi Letsoepa, bail — arguing that he does not deserve freedom after spending seven years on the run.
Letsoepa was in February 2025 charged for his alleged involvement in the 2016 abduction and subsequent murder of PC Khetheng.
In August this year, Justice ’Mafelile Ralebese released Letsoepa on M1000 bail, a decision that immediately drew outrage from the Khetheng family.
They claim that, unlike his co-accused who have been languishing in remand prison since 2017, Letsoepa fled the country to avoid prosecution and therefore should not have been granted bail.
Appearing before a five-member appellate bench led by Court of Appeal President Kananelo Mosito, Advocate Christopher Lephuthing, representing the Khetheng family, described Justice Ralebese’s ruling as “procedurally irregular and legally flawed”.
He argued that the bail hearing was improperly conducted behind closed doors, a move he said violated Section 13 of the High Court Act of 1978, which requires that all court proceedings be held in open court to ensure transparency and public accountability.
“The decision to hear Mr Letsoepa’s bail in chambers was contrary to the law and deprived affected parties, including the Khetheng family, of their right to fair and open justice,” Adv Lephuthing told the court.
The appeal bench also included Chief Justice Sakoane Sakoane and Justices Petrus Damaseb, Phillip Musonda, and Johann van der Westhuizen.
The family contends that Justice Ralebese’s ruling undermined the principle of equality before the law, pointing to what they called “selective leniency” by the Crown.
“It is disturbing that a man who fled justice for years was quietly granted bail, while others charged with the same crime remain in prison,” Adv Lephuthing said.
He told the court that letters seeking clarification from the Director of Public Prosecutions (DPP) had gone unanswered, further fuelling suspicions of bias.
However, the family’s application did not go unchallenged.
Justice Damaseeb questioned why Justice Ralebese herself had not been cited in the review application — an omission that could prevent her from explaining her decision to hear the bail application in chambers.
“You are asking this court to review her judgment without hearing from her. How can we determine the rationale behind her decision if she was not cited?” Justice Damaseeb asked.
Justice Mosito also pressed Adv Lephuthing to clarify whether Letsoepa could truly be labelled a fugitive.
“Was he charged when he left the country? How can we call him a fugitive if no charges were laid at the time? According to his affidavit, he fled because the then Prime Minister allegedly wanted to eliminate him,” Justice Mosito remarked.
Adv Lephuthing nonetheless maintained that the bail decision lacked consistency and undermined public trust in the justice system.
He accused the Crown of withholding crucial evidence, including the testimony of Superintendent Mabohlokoa Makotoko, who allegedly linked Letsoepa to Khetheng’s murder during the ongoing trial.
He urged the appellate court to nullify the High Court’s bail decision and send the matter back to be heard in open court as the law requires.
Representing the Crown, Adv Rethabile Setlojoane, told the court that the DPP would not oppose the family’s application and that prosecution would abide by the Court of Appeal’s ruling.
But Adv Napo Mafaesa, for Letsoepa, mounted a spirited defence, insisting his client was not a fugitive from justice but a man who fled under life-threatening circumstances.
“My Lord, my client did not flee from justice. He left under threat to his life and, upon his return, surrendered himself to the Minister of Law, then to the Police Commissioner, and later to investigators. His bail application was handled lawfully, and there is no irregularity warranting interference,” Adv Mafaesa said.
Justice Damaseeb, however, was not convinced. He questioned Adv Mafaesa on why Letsoepa, if innocent, chose to report to the Minister of Law rather than the police.
“If he was not avoiding justice, why did he surrender to the Minister? What role does the Minister play under the Criminal Procedure and Evidence Act in such circumstances? And why was his bail heard in chambers?” Justice Damaseeb asked.
Letsoepa and former National Security Service (NSS) Director-General Tumo Lekhooa returned to Lesotho on 12 February 2025, meeting first with Minister of Law and Justice Richard Ramoeletsi, who then facilitated their handover to Police Commissioner Borotho Matsoso.
Both men had fled to South Africa in 2017 after their dismissal by then Prime Minister Thomas Thabane, who had succeeded Pakalitha Mosisili following snap elections that year.
Lekhooa faces separate charges, including the 25 June 2015 murder of former army commander Lt Gen Maaparankoe Mahao and treason relating to the 30 August 2014 attempted coup against Lesotho’s first coalition government headed by Mr Thabane in 2012.
While Letsoepa was initially listed as the fifth accused in the Khetheng case, he was removed after disappearing, on the understanding that he would face separate charges upon return.
Given that the original trials have since advanced in the High Court, both Letsoepa and Lekhooa will be tried separately from their co-accused.
The Court of Appeal has reserved its judgment until 7 November 2025.
