Hopolang Mokhopi
A 49-year-old Maseru man, Tšosane Lethoko, has been remanded in custody after appearing before the Maseru Magistrate’s Court on charges of raping a 39-year-old woman with a mental disability.
Lethoko, who faces a charge of sexual assault, appeared before Magistrate Lerato Ntelane, who informed him of the seriousness of the offence.
According to the charge sheet, the alleged incident occurred in November 2024 near or at Moshoeshoe II in the Maseru district, where Lethoko is accused of unlawfully and intentionally penetrating the complainant.
Magistrate Ntelane emphasized the gravity of the charges, explaining that if found guilty, Lethoko could face a minimum sentence of 10 years or more. She also informed him of his legal rights, including the right to legal representation and the right to apply for bail.
Lethoko’s lawyer, Advocate Ramaema Mahula, applied for bail on his client’s behalf, requesting his release on recognizance. He argued that Lethoko had been cooperative with police throughout the investigation and had never been arrested or held in custody. Instead, he was summoned to court and complied without resistance.
“The accused has shown no intention to flee. He has cooperated fully and is willing to stand trial until the end,” argued Adv Mahula.
Release on recognizance, commonly known as O.R, is meant to secure an accused person’s release from custody based on a promise to appear in court. In other words, a judge agrees to keep an accused person out of custody in exchange for their word that they will appear for all future court dates when required. This should include a signed undertaking to that effect.
Adv Mahula further contended that the charges were motivated by personal conflict, claiming that Lethoko had been living with the complainant — who is said to be a younger sister to his now-estranged wife — and that no complaint had been made at the time of the alleged incident. He suggested the accusation only surfaced after the breakdown of Lethoko’s relationship with his wife.
“This matter has only been reported now that the accused and his wife are no longer on good terms. If the allegation were true, it would have been reported immediately after it occurred,” Adv Mahula said.
He also maintained that the complainant, though on medication, was capable of making her own decisions.
Despite the arguments presented, Magistrate Ntelane denied the bail application, stating that the defence had failed to provide compelling reasons to justify Lethoko’s release. He will remain in custody until his next court appearance, scheduled for 15 July 2025.
