Hopolang Mokhopi
THE Basotho Covenant Movement (BCM) leader, Dr Tšepo Lipholo’s freedom bid has been further postponed, after the prosecution pressed for the recusal of the presiding Senior Resident Magistrate, Thamae Thamae.
Dr Lipholo wants to be released from Maseru Central Correctional Institution (MCCI), arguing that he had been detained beyond the 60 days without his trial commencing.
He has been held at MCCI since 4 July 2025, when he was remanded on charges of sedition, human trafficking, and insulting the Royal Family.
On 11 August 2025, he was slapped with an additional charge of treason after he was accused of conspiring with seven others to overthrow His Majesty King Letsie III’s government.
His legal team invoked section 4 of the Speedy Courts Trial Act 2002, which stipulates: “A person shall not be remanded in custody for a period exceeding 60 days unless there are compelling reasons to the contrary, and such reasons shall be recorded in writing”.
High Court Judge, Fumane Khabo, on 28 August 2025 rejected Dr Lipholo’s bail application arguing that he was a flight risk.
In the treason case, Dr Lipholo is charged alongside BCM members Obed Makhatseane, Kenneth Matee, Mpiti and Mosiuoa Matsora. The quartet, yet to be arraigned, has been declared fugitives by the Lesotho Mounted Police Service (LMPS).
The Director of Public Prosecutions (DPP)’s office argued yesterday that Magistrate Thamae is related to fugitive Mpiti Thamae, one of Dr Lipholo’s co-accused, and therefore cannot preside over the case.
The matter will now continue tomorrow.
Yesterday’s postponement followed testimonies from Superintendent Retšelisitsoe Bokopane and Detective Inspector Tšepo Raphiri.
Dr Lipholo’s discharge application had been scheduled to proceed last Friday. However, the prosecution filed an application for the magistrate’s recusal, citing possible conflict of interest.
Crown counsel, Advocate Lehlanako Mofilikoane, called in her first witness.
Testifying, Supt Bokopane said he has served in the Lesotho Mounted Police Service (LMPS) for 22 years and is currently assigned to Operation Fiela within the CID unit.
He told the court that Magistrate Thamae resides at Mazenod Ha Paki and is related to co-accused, fugitive Mpiti Thamae, who also resides in Mazenod, at Ha Ngoatonyane.
“They share the same clan,” he explained, adding that Mpiti had previously lived in Mokema before moving to Mazenod.
Supt Bokopane further testified that sometime early last year, while stationed at Flight I Police Station as Station Commander, Magistrate Thamae was involved in a car accident with a child.
“Not long after, I received a visit from a man who introduced himself as Mpiti Thamae. He said he was a former LMPS officer and claimed to be following his brother’s case — referring to Magistrate Thamae. He asked that the accident case be handled with care as it involved a high-profile person,” Supt Bokopane said.
He said he advised Mpiti that accidents can happen to anyone and that the matter should be left to traffic authorities to investigate.
Supt Bokopane insisted that his account confirmed a family connection between Mpiti and Magistrate Thamae.
During cross-examination, defence lawyer, Adv Tembo Lesupi, questioned the timing of the prosecution’s application, asking why the matter was only being raised now.
“This application for discharge was made verbally on 11 September, signed and sealed on 22 September, and was due to proceed last Friday. Yet, instead of seeking postponement earlier, the prosecution only filed for recusal after lunch,” Adv Lesupi argued.
He further accused the prosecution of trying to undermine the court’s integrity, saying investigators had only gone to Mokema after filing for recusal.
Supt Bokopane, however, denied that the investigations had only taken place the previous day.
Insp Raphiri told the court he is also based at LMPS Headquarters and is team leader in Dr Lipholo’s case.
He explained that on 19 August 2025, he applied for a warrant of arrest for two suspects, Mpiti Thamae and Obed Makhatseane.
“I submitted the documents to a court clerk named Fobo, who then took us to Magistrate Thamae’s chambers. The magistrate scanned the documents but told us to go to another chamber, saying he could not help. That raised suspicions as he dismissed us without explanation,” Insp Raphiri said.
The team later went to Mokema, where they met Mpiti’s mother, Mampiti, and his brother, Moeketsi.
“She explained that her sister, Esebia, married Mr Mokone Molaoli and was given the name Maneheng Molaoli. His Worship’s mother, Molungoa Moalosi, was born in that family. That’s how the families are connected, hence the shared names.”
He said they made several visits to Mokema, the latest being last Friday, where the same account of the family connection was confirmed.
Adv Mofilikoane told the court that more witnesses would be called. The defence also intends to call witnesses, including Mampiti and Moeketsi Thamae.
Magistrate Thamae announced that due to other commitments next week, the matter will resume on Friday (tomorrow) morning.
