Moorosi Tsiane
FORMER Police Commissioner Molahlehi Letsoepa’s latest bail hearing has hit a snag, as procedural hurdles continue to stall progress.
Instead of arguments on the merits being heard on Monday, the High Court was forced into a technical dispute over whether Judge ‘Mafelile Ralebese is permitted to preside, a development that has further prolonged the case.
Mr Letsoepa faces charges alongside four other police officers for the 2016 murder of Police Constable Mokalekale Khetheng. However, he fled the country in 2017, claiming he feared for his life after then-Prime Minister Tom Thabane withdrew his bodyguards.
Upon his return in February this year, Mr Letsoepa was arrested and formally charged on 26 February 2025 for PC Khetheng’s murder. He subsequently applied for bail, which was granted by Justice Ralebese. The Court of Appeal, however, overturned that decision last month, resulting in his re-arrest and incarceration at the Maseru Central Correctional Institution.
Through his lawyer, Advocate Zwelakhe Mda KC, Mr Letsoepa launched a fresh bail application which was scheduled for hearing on Monday. Adv Mda requested a postponement, citing that he had been served with opposing papers on the same day by acting Director of Public Prosecutions, Adv Lehlanako Mofilikoane.
“My Lady, we are not in a position to proceed because I was served with opposing affidavits from Inspector (Tankiso) Lethoko just today. We have not applied our minds to these papers, and we would not be doing justice to the petitioner’s case. We therefore request a postponement to study the papers and take new instructions,” submitted Adv Mda.
Adv Mofilikoane confirmed serving the papers that morning.
“We served them with additional affidavits through the office of Advocate Mafaesa, but unfortunately, it was not brought to his attention. To do justice to the case, we agree that the matter be postponed,” said Adv Mofilikoane.
However, Justice Ralebese cautioned both lawyers not to “put the cart before the horse,” noting that the Court of Appeal order must first be interpreted before the merits could be argued.
“Counsels, based on the new papers, it is apparent that I should re-entertain this matter on the merits. If the expectation is that I will preside again, that cannot be. We should first interpret the Court of Appeal order to decide whether I am the right forum to hear the matter. The bail is urgent, so the matter is postponed to next Monday, 15 December 2025,” said Justice Ralebese.
Her remarks follow the 7 November 2025 Court of Appeal ruling that she had erred in presiding over Mr Letsoepa’s earlier bail hearing in chambers, rendering that decision irregular and setting it aside.
Advocate Christopher Lephuthing, representing the Khetheng family, was also present. Adv Lephuthing successfully persuaded the Court of Appeal that Justice Ralebese’s prior decision was flawed because it was made in chambers rather than in open court, violating Section 13 of the High Court Act of 1978.
Appearing before a five-member bench led by Court of Appeal President Professor Kananelo Mosito, Adv Lephuthing argued that the secretive bail process undermined transparency and deprived the family of their right to fair and open justice. He criticized what he described as the Crown’s “selective treatment” of Mr Letsoepa, arguing that the four other co-accused — former Hlotse Police Station Commander Senior Superintendent Thabo Tšukulu, Superintendent Mathibeli Mofolo, Inspector Mabitle Matona, and Sub-Inspector Haleokoe Taasoane — have remained in custody since their 2017 arrest, while the former police chief who fled the country was quietly released.
The Court of Appeal concurred that bail hearings must, as a rule, be conducted in open court unless exceptional circumstances exist, and the matter was remitted to the High Court to be heard afresh.
