– But Legal Storm Clouds Gather
Moorosi Tsiane
IN a fresh twist to the protracted standoff between the executive and Lesotho’s prosecutorial authority, Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, has once again been suspended — barely two weeks after the courts cleared her to resume duties.
His Majesty King Letsie III, acting on the advice of the Public Service Commission (PSC), formally suspended the DPP through Legal Notice No. 141 of 2025, published on 3 October 2025. The notice invokes Section 141(7) of the Constitution, suspending Adv Motinyane “pending completion of investigations referred to the Tribunal” into her fitness for office.
This move followed Legal Notice No. 137 of 2025, issued on 30 September 2025, which established a three-member tribunal chaired by Justice Thomas Sibusiso Masuku of eSwatini, with Justice Ivy Chatha Kamanga of Malawi and Justice Latifa Mansoor of Tanzania as members. The tribunal is tasked with probing whether Adv Motinyane should be removed from office and must report back to the King within eight weeks.
The suspension letter, signed by PSC chairperson Adv. M. Mahase-Moiloa and dated 7 October 2025, stressed that the suspension was “precautionary, not punitive,” aimed at preventing interference with witnesses or evidence, and preserving the integrity of the office. Adv Motinyane would continue to receive her full salary and benefits.
But the DPP views it differently. “It is true that I have been suspended again, and I got the letter earlier today. It was delivered by the Attorney General himself. But for now, I cannot comment further,” she told the Lesotho Times.
A Legal Quagmire
While the government appears to be acting with constitutional cover this time, its manoeuvre may be walking straight into another legal minefield.
The central problem: the legality of the tribunal itself is still under judicial review.
Back in May 2024, Prime Minister Sam Matekane served Motinyane with a show-cause letter demanding she explain why he should not recommend that the King establish a tribunal into her fitness to remain in office. He accused her of “persistent incompetence and conduct unbecoming of her high office” after a series of disputes over high-profile prosecutions.
Adv Motinyane challenged that letter in court, arguing that the Prime Minister had misapplied his powers under Section 141 of the Constitution. That matter is still pending.
When the matter was set to proceed in October 2024, her lawyer, Adv Tekane Maqakachane, filed a review application contesting the legality of the panel of Justices Fumane Khabo, Realeboha Mathaba and Tšeliso Mokoko, appointed by Chief Justice Sakoane Sakoane to hear her case.
She argued that the 2024 High Court and Civil Litigation Rules did not empower the Chief Justice to constitute judicial panels. The court dismissed her application on 4 December 2024, affirming the Chief Justice’s authority to assign judges.
The court then ordered the parties to file heads of argument for the substantive hearing.
Instead, Adv Motinyane filed another interlocutory application seeking the recusal of the same judges, arguing that their appointment by a respondent in the case — the Chief Justice — created a reasonable apprehension of bias.
Her argument was dismissed by Justice Mokoko, who ruled that the matter was res judicata (already decided). He emphasised that judges owe loyalty to the Constitution, not individuals, and that Adv Motinyane had failed to establish any legitimate suspicion of bias.
Short-Lived Victory
This latest suspension comes on the heels of a major courtroom victory for Adv Motinyane in September, when the Constitutional Court ruled that only the King, acting on the advice of the PSC, could suspend her — not the Prime Minister. The judges reinstated her to office, blasting Mr Matekane’s June 2025 suspension as “unconstitutional and void.”
But her return to office was short-lived. Upon resuming duties on 26 September, she found herself locked out of her office and relegated to working from a subordinate’s desk — a move insiders described as “humiliating.”
Now, with the PSC’s advice and the King’s signature, her removal has been formalised through legal notices. Yet, as one senior lawyer observed, “The constitutional defects in how this tribunal was initiated may once again undo the Prime Minister’s strategy. It is a suspension built on shaky ground.”
Background of Political Tensions
Adv Motinyane’s troubles with the government stretch back to 2024. At one point, Justice Minister Richard Ramoeletsi reportedly offered her a redeployment — either as a legal advisor under the Attorney General or as a diplomat in Geneva. She refused.
Later, in an affidavit, she accused Deputy Prime Minister Nthomeng Majara of trying to pressure her into dropping criminal charges against coalition ally Mothetjoa Metsing. The Attorney General admitted such a “suggestion” was indeed made, fuelling allegations of executive interference in prosecutorial independence.
These disputes cemented her view that the attempt to remove her is not about competence but about silencing her for refusing to shield the government’s allies from prosecution.
What Next?
The tribunal has eight weeks to complete its inquiry and advise the King. But with litigation already pending over its legality, further court battles are almost inevitable.
For now, Lesotho remains trapped in a constitutional tug-of-war: an executive determined to oust a prosecutor it views as disloyal, and a DPP who insists she is the victim of political persecution.
What is clear is that the saga is far from over. Instead, Lesotho’s legal fraternity braces itself for another round of bruising courtroom battles — with the independence of the prosecutorial office hanging precariously in the balance.
Attorney General
Contacted for comment, Adv Motsieloa refused to be drawn into the matter.
“I am not going to discuss that with you. Go and ask the DPP herself, because your newspaper has always been on her side without even asking us what the real matter could have been. So I do not want to talk to you — allow me to get into the gym now,” fumed Adv Motsieloa.
