Moorosi Tsiane
FORMER police officer, Lebohang Moletsane, who was fired by Police Commissioner Holomo Molibeli after he was charged with fatally stabbing his wife, has petitioned the High Court seeking to overturn his dismissal from the police force.
Commissioner Molibeli fired him after he was charged by the Maseru Magistrates’ Court for the murder of his wife on 26 February 2021.
Moletsane argues he had not yet been convicted of the crime at the time of his dismissal. He insists he is not guilty of committing the offence on 19 February 2021 in Mohale’s Hoek as alleged.
Moletsane, from Tšenola in Maseru, claims in his petition, filed in the High Court this week, that he was called in for a surprise disciplinary hearing on 31 August 2023 by his superiors where he was informed that he was being charged with killing his wife.
Moletsane argues that he was denied an opportunity to bring a lawyer when he asked to do so. He claims his superiors told him it was not necessary to have a legal representative as time was not on their side.
“On my arrival I was given a charge sheet. I was told that my case proceeds on the very same day. I requested that I need time to prepare for my defence. I was told that there was no time to be wasted and the matter had to proceed on that day,” Moletsane claims.
“I was worried because it was my first day to hear that my case is proceeding. I was not aware that there are some charges against me, It was my first day to know about the charges.
“Having been told that I have to answer to charges and put my defence, I requested that I need to consult a legal representative as I am not conversant with law and legal procedures. I was told that legal representation is not a necessity.
“I was then forced to proceed with the case. I told them that I am not prepared to engage in the disciplinary case without enough time to prepare and without my lawyer or anybody to assist me. They ignored me and proceeded without considering my requests.”
Mr Moletsane says he was charged with the murder of his wife at the disciplinary hearing and subsequently found guilty, and ultimately dismissed.
He argues in his petition that he has not been convicted of the said murder in a court of law and therefore cannot be dismissed from the police force on account of proceedings of a disciplinary committee.
“The court of law has not yet found me guilty. My criminal case is still pending, and I am still attending remands waiting for my trial of which I have a strong defence…,” he said.
Mr Moletsane wants the High Court to set aside the disciplinary process. It had no authority to dismiss him on an issue still before the judiciary, he insists.
Moletsane is suspected to have fatally stabbed his wife with a knife and then staged a fake accident after lumping the body in his car. He denies the allegation.
