…seeks fourth lawyer to challenge murder conviction
Moorosi Tsiane
THE Court of Appeal was thrown into turmoil on Tuesday this week when convicted double murderer, Habofanoe Ntsie, accused his former lawyer, Advocate Khosi Lesuthu, of going behind his back to cut a deal with the Crown to drop his conviction appeal.
Ntsie’s new lawyer, Adv Letuka Molati, made the sensational revelation before a three-member appeal panel comprising Chief Justice Sakoane Sakoane, Justice Petrus Damaseb, and Justice Johann van der Westhuizen.
Adv Molati, instructed on 2 October 2025 to take over Ntsie’s case, told the court he was shocked to discover that Adv Lesuthu had entered into a “stated case” agreement with Crown Counsel Lehlanako Mofilikoane, limiting the appeal to sentencing only — effectively abandoning the challenge against Ntsie’s conviction.
Adv Molati told the appeal panel that Ntsie had never authorised such an arrangement.
“My Lords, the client knows nothing about this stated case because the court record exists. The stated case must be expunged from the record. We want the matter remitted back to the High Court to deal with sentencing, and the appeal will continue in the next session,” he argued.
He further revealed that there were seven volumes of the High Court proceedings, six of which were already in Ntsie’s possession, while Volume Two was missing.
“The appellant has six of the seven volumes . . .”, he said, emphasising that the record exists.
Adv Molati maintained that allowing the “stated case” – the agreement allegedly made behind Ntsie’s back – to stand would result in “the greatest miscarriage of justice” since Ntsie’s original notice of appeal challenged both the conviction and the sentence.
He also accused the High Court of committing an irregularity during sentencing.
“The court a quo sentenced him without giving him a chance to mitigate. That irregularity alone renders the sentencing unlawful,” he said.
In response, Adv Mofilikoane for the Crown conceded that since Ntsie had disowned the “stated case”, it should be deleted from the record and the matter should revert to the trial court.
“I support the proposal that the matter be remitted to the trial judge to conclude sentencing. The stated case should be expunged so we can proceed with the appeal,” she submitted.
After hearing both sides, Chief Justice Sakoane ordered that the stated case be expunged from the record and directed the Director of Public Prosecutions to submit the complete High Court proceedings to enable the appeal to continue.
Background
Ntsie was convicted of the 2004 murders of Souru Masupha and Habaka Mahao by Justice ’Maseforo Mahase. He dramatically fled Lesotho during the lunch break as the court was delivering his judgment in 2012 and was only extradited from South Africa in March 2022. In February 2023, he was sentenced to concurrently serve 20 and 21 years in prison.
Proceedings before Justice Mahase
When Ntsie appeared before Justice Mahase in the High Court in October 2022, he asked the court to allow him to seek a new lawyer after dropping his previous lawyer, the now deceased Adv Haae Phoofolo KC.
The High Court then appointed Adv Raboletsi Makara to represent Ntsie pro deo (paid by the judiciary).
Adv Makara then made an application for Ntsie to be returned to South Africa, arguing his extradition was flawed. However, Justice Mahase dismissed the application on 14 December 2022, and then set 23 February 2023 for mitigation and sentencing.
On that day at 9am, Ntsie tried to defer the proceedings once again. Adv Makara said he was to file another application to have the sentencing stayed as well as seek bail for Ntsie.
However, Justice Mahase rejected the submission, saying Ntsie could not apply for bail after he had absconded. When she ordered Adv Makara to proceed with mitigation of the sentence, the lawyer opted to recuse himself from the representing Ntsie.
Justice Mahase stood down the matter for a few minutes before ordering Ntsie to mitigate but he refused to do so without a lawyer.
Justice Mahase adjourned the matter to 3pm.
It was at that point that she reminded Ntsie that he had absconded for 11 years and therefore his bid for bail was just a delaying tactic. She said the court had to balance the rights of the accused with the interest of justice. Justice Mahase then sentenced Ntsie, reminding him of his right to appeal the sentence.
Ntsie was, however, neither charged for the unlawful possession of the firearm he used to kill the deceased nor for absconding.
Adv Molati becomes the fourth lawyer to represent Ntsie in this matter.
