-as ex-army boss files another bail application
Mohloai Mpesi
THE recently appointed Minister of Justice and Law, Richard Ramoeletsi, is today expected to explain to parliament why the long incarcerated former army commander, Lieutenant General Tlali Kamoli, cannot be released on bail.
This follows a question that was posed last Thursday by Semena constituency legislator, Tṧeliso Mosotho, to the minister in parliament.
“Honourable Tṧeliso Mosotho to ask the Minister of Justice and Law, to say how soon the former Commander of LDF, Tlali Kamoli and his co-accused, will be granted bail in consistency (sic) with the bail law application on other accused persons in Lesotho’s courts of law,” the question reads”.
Lt-Gen Kamoli has been imprisoned since September 2017 September after his arraignment in court on several charges including treason, murder, attempted murder and obstruction of justice.
However, this parliamentary exercise could be deemed as a wild goose chase as neither the parliament nor Mr Ramoeletsi have powers to order or influence Lt-Gen Kamoli’s release.
The courts enjoy autonomy and independence to decide cases before them in terms of section 118(2) of the Constitution.
Similarly, the Director of Public Prosecutions (DPP), Hlalefang Motinyane, who has on numerous occasions strongly opposed Lt-Gen Kamoli’s release bids, is also empowered by section 99(6) of the Constitution to exercise her prosecution powers without the direction or control of anyone.
Parliament has gone on this kind of a futile exercise before. In 2018 it came up with an agreement that politicians such as current Minister of Health, Selibe Mochoboroane, and Lesotho Congress for Democracy (LCD) leader Mothetjoa metsing, would not be criminally charged alongside Lt-Gen Kamoli and others, until the national reforms would have been finalised. However, DPP Motinyane successfully challenged the said agreement, popularly known as Clause 10, in the Constitutional Court and it was nullified.
Messrs Metsing and Mochoboroane are Lt-Gen Kamoli’s co-accused in the treason trial.
Apart from that, Lt-Gen Kamoli’s several attempts to either have the charges quashed or for him to be released on bail have been rejected by the High Court as well as the Court of Appeal where he had escalated his bid for freedom.
In his latest bail bid filed in the High Court on 17 October 2023, Lt-Gen Kamoli and his co-applicants argue that it was evident that their trial was not going to be finalised any time soon.
They argue that their continued detention while their prosecution was delayed constituted violation of their rights to a fair trial as enshrined in section 12 of the Constitution.
“Petitioners aver that their trial will not be concluded within a reasonable time as Director of Public Prosecutions stated that she needs more-time to transcribe the records of the proceedings so that she fully briefs the newly appointed prosecutor,” they stated in their bail application.
“Not only that, but petitioners have established that former lead prosecutor, Advocate Shaun Abrahams, has taken the docket with him to South Africa and is holding on to it as lien for payment of his professional fees.”
They added: “Petitioners avers that the delay to finalise the prosecution, coupled with their continued incarceration constitute jurisdictional facts for release in terms of section 6 (5) of the Constitution.”
They filed the bail petition in a case in which they are accused of the 25 June 2015 murder of former army commander, Lt-Gen Maaparankoe Mahao.
Kamoli’s co-accused in this matter are Captain Litekanyo Nyakane, Captain Haleo Makara, Sergeant Lekhooa Moepi, Sergeant Motsamai Fako, Corporals Marasi ‘Moleli, Motšoane Machai, Mohlalefi Seitlheko and Tšitso Ramoholi.
They are all Lt-Gen Kamoli’s co-applicants in this latest bail application.
DPP Motinyane has opposed the latest bail application, arguing that Lt-Gen Kamoli and his co-accused were likely to disturb national peace and stability.
“I aver further that the release of petitioners would indeed prejudice the interests of justice as the nature of the offences or the circumstances under which the offences were committed are likely to induce a sense of shock or outrage (if they are released on bail)…..,” she states in her opposition.
The bail petition is still pending before the High Court.
In the treason case, Lt-Gen Kamoli, Messrs Metsing and Mochoboroane are accused along with Captain Nyakane, Lance Corporals Ntsane and Leutsoa Motsieloa. This is in relation to the foiled 2014 attempted coup against then Prime Minister, Thomas Thabane.
The charges include the murder of Sub Inspector Mokheseng Ramahloko during the night of the coup attempt at the police headquarters.
Lt-Gen Kamoli and Captain Nyakane were further charged with three other soldiers for attempted murder over the January 2014 simultaneous bombings of the houses of former First Lady, ‘Maesaiah Thabane, and former Police Commissioner, Khothatso Tšooana. The other soldiers are Major Pitso Ramoepana, Corporal Mohlalefi Seitlheko and Sergeant Heqoa Malefane.
