… as court summons him to show cause why he cannot be jailed for contempt of court
Mohalenyane Phakela
HIGH Court Judge, Tṥeliso Mokoko, has summoned Police Commissioner, Holomo Molibeli, to appear before him on Monday to show cause why he cannot be jailed for 60 days for failing to obey the judge’s 6 March 2023 order to reinstate the security personnel of Deputy Commissioner of Police (DCP) Beleme Lebajoa.
Justice Mokoko this week ordered that Commissioner Molibeli should appear before him on 27 March 2023 at 8.30am to explain why he cannot send him to jail for contempt of court.
This after DCP Lebajoa’s lawyer, Rethabile Setlojoane, successfully petitioned Justice Mokoko on 6 March 2023 to block his client’s removal from the CID office and have his bodyguards reinstated pending the finalisation of his court application.
DCP Lebajoa had allegedly been ordered by Commissioner Molibeli on 23 February 2023 to vacate the CID office and let it be occupied by an unnamed DCP.
Commissioner Molibeli has also stripped DCP Lebajoa of the two bodyguards that are part of his contract.
DCP Lebajoa ran back to court last week after Commissioner Molibeli failed to obey Justice Mokoko’s order. This despite Advocate Setlojoane having repeatedly engaged Commissioner Molibeli’s lawyer, one Adv Mohloki, to ensure that the police boss adheres to the court order.
On 7 March 2023, Adv Setlojoane wrote a letter to Adv Mohloki notifying him that Commissioner Molibeli had not obeyed the court order he had been served with the previous day.
Adv Setlojoane further called Adv Mohloki on 9 March 2023 over the same issue of returning the security personnel of DCP Lebajoa.
DCP Lebajoa further states in his founding affidavit that Adv Mohloki’s reply was that Commissioner Molibeli had said that DCP Lebajoa should select other junior police officers he wished to replace his withdrawn guards with.
Adv Setlojoane advised Adv Mohloki that the court order was for the reinstatement and not replacement of guards. The latter had promised the court order would be obeyed the same day of 9 March 2023 after the telephone call.
DCP Lebajoa’s other lawyer, Salemane Phafane, King’s Counsel (KC), reportedly further communicated with Adv Mohloki on 10 March 2023 and informed him that a contempt application would be filed if Commissioner Molibeli still failed to obey the court order.
DCP Lebajoa says Adv Mohloki’s response was that he had unsuccessfully advised Commissioner Molibeli several times.
And on Monday when the contempt application proceeded before Justice Mokoko, Adv Mohloki said Commissioner Molibeli said he had not understood Justice Mokoko’s order clearly and therefore needed time to digest it and also appoint a different lawyer apart from Adv Mohloki to represent him going forward.
“The Commissioner indicated that he had a problem with the usage of words in the (6 March 2023) court order in that he says they have bodyguards and not security guards,” Adv Mohloki said on Monday.
“He (Molibeli) also instructed that I ask the court to grant him indulgence to appoint another lawyer to represent him going forward. He also asked that the applicant (Lebajoa) file a fresh application in which he clearly indicates that he was referring to bodyguards and not security guards, and then he will oppose that application with another lawyer whom he wants to represent him.”
However, Adv Setlojoane insisted that the court should summon Commissioner Molibeli as he had clearly failed to obey the court’s order.
“I do not have a problem if the Commissioner wants to change a lawyer. However, he is in contempt and must appear before you (Justice Mokoko). We have made out a case in the founding affidavit (of Lebajoa). The usage of words does not change anything. The issue of security or bodyguards is neither here nor there,” Adv Setlojoane submitted.
Justice Mokoko agreed with Adv Setlojoane and ordered Commissioner Molibeli to appear before him on Monday next week and explain why he cannot send him to jail as prayed by DCP Lebajoa.
“I do not find it (issue of the usage of security guards instead of bodyguards) as a substantial issue. The Commissioner is directed to appear personally before court on 27 March 2023 at 8.30am to show cause why he cannot be committed to prison for 60 days for contempt of court,” Justice Mokoko ordered.
In his 13 March 2023 contempt of court application, DCP Lebajoa argues that Commissioner Molibeli had continuously disregarded court orders and should be jailed because he was clearly undermining the powers of the court.
“I aver that the first respondent (Molibeli) has blatantly refused to comply with the order of this court in that, despite the order, service and knowledge thereof, he has, for reasons best known to him, not restored the security guards that were unilaterally and without a hearing, withdrawn from me, as ordered by this court,” DCP Lebajoa states in his founding affidavit.
“I aver that the first respondent continues, on (a) daily basis, to be in contempt of court, more so when he had been advised by his lawyer (Mohloki) to comply with the order of this court. His conduct amounts to blatant contempt of court. He is rendering the order of this court meaningless, useless and is basically rendering my application insignificant as he is considering himself to be (a) law unto himself.
“He is clearly determined to frustrate the execution of this court’s order. It is my contention that his conduct clearly has the effect of bringing the administration of justice in this country into total disrepute in the eyes of the right-thinking members of the society as Justice Mokoko warned him sometime last year before this court. The first respondent’s conduct is an insult to the court,” he continued.
It remains to be seen whether Commissioner Molibeli will once again survive yet another contempt of court application.
DCP Lebajoa first filed a contempt application against his boss in June last year seeking his imprisonment for 60 days. This after Commissioner Molibeli had disobeyed another court order for him to disclose within two days a record of proceedings about his decision to transfer DCP Lebajoa from the Criminal Investigations Department (CID) to the Finance and Infrastructure Department. But Justice Mokoko spared the commissioner, only warning him against disobeying court orders in future after he (Molibeli) had apologised. DCP Lebajoa’s had won an interdict against the transfer. His main application to permanently halt the transfer is still pending.
