Moorosi Tsiane
THE treason and murder trial of former army commander Tlali Kamoli, alongside politicians Mothetjoa Metsing and Selibe Mochoboroane, resumed yesterday amid threats by prosecutors to withdraw from the case due to non-payment.
Prosecutors Advocates Rethabile Setlojoane and Motena Rafoneke informed trial judge ‘Maliepollo Makhetha as early as Monday that they intended to step down from the case, citing the government’s failure to pay them.
The duo filed a formal application on Monday, scheduling it for a hearing on 27 February 2025. They also requested that the trial be postponed to today (Thursday), stating there had been new developments regarding their issues with the Director of Public Prosecutions (DPP), Hlalefang Motinyane, who had asked for time until today to address the matter.
Adv Rafoneke added that their future involvement in the case depended on the court’s decision on their application. He said continuing the trial under the current circumstances would mean representing a client—the government—who no longer wanted their services.
“Our participation in this case hinges on the court’s decision. We are relinquishing the brief because we are no longer seeing eye to eye with the client. If we proceed, we will be representing a client who does not want us,” said Adv Rafoneke.
Advocate Lepeli Molapo, one of the defence lawyers, expressed frustration, stating that they had come to court ready to proceed with the main trial but were instead confronted with an application for postponement.
“We came here expecting to proceed with the case, but now we’re dealing with an application for postponement, not withdrawal,” he said.
Another defence lawyer, Adv Napo Mafaesa, echoed this sentiment, asserting that the dispute between the prosecutors and their client was unrelated to the trial.
However, Justice Makhetha clarified that court rules required strict adherence when dealing with interlocutory applications.
“As per the notice of motion, the application will be heard on 27 February. You cannot withdraw before the 14 days stipulated in the court rules. Let us proceed with this matter until the application is entertained,” she said.
Advocate Rafoneke remained firm, stating they would not continue until their application was resolved. When Judge Makhetha insisted that the trial proceed, both prosecutors reiterated that they no longer had the brief to continue.
This prompted Justice Makhetha to stand down the matter until after lunch and summon DPP Motinyane to court.
When proceedings resumed after lunch, DPP Motinyane requested the court’s indulgence to postpone the trial to Thursday. She assured the court that efforts were underway to resolve the issue, though she declined to disclose the nature of the dispute, describing it as personal.
Justice Makhetha denied the postponement request, instead granting the DPP until Wednesday (yesterday) to resolve the matter. She instructed the DPP to assign another lawyer from her office if Advocates Setlojoane and Rafoneke remained unavailable.
“The trial must proceed as scheduled until the end of this month. It is up to the DPP to resolve the internal issues to ensure this matter continues. If there is no appearance on Wednesday, the court will address this matter per the Criminal Procedure and Evidence Act. The DPP must ensure the trial resumes on Wednesday,” ruled Justice Makhetha.
The trial resumed yesterday afternoon without Adv Rafoneke, leaving Adv Setlojoane to proceed with assistance from Adv Lehlohonolo Phoko. Together, they led retired Major General Lineo Poopa as he gave his testimony.
Maj Gen Poopa testified that Kamoli had summoned him and other officers to Ratjomose barracks on the morning following the police station attacks. Kamoli allegedly informed them of an ongoing operation to disarm the police, claiming that police were arming members of the All Basotho Convention (ABC) youth to destabilise the country.
“On 29 August 2014, it was a normal workday for me. Early the next morning, I received a call from then Deputy Commissioner of Police Masupha Masupha, who is also my neighbour. He asked why soldiers were attacking police stations. I told him I was unaware of such activity.
“Later that morning, Maj Gen (Khoantle) Motšomotšo called and said General Kamoli had ordered us to report to Ratjomose barracks in camouflage uniform. Upon arrival, we met with Kamoli, who informed us about the disarmament operation. He claimed police were arming ABC Youth to incite instability,” Maj Gen Poopa said.
He further stated that Kamoli planned to escort government leaders, including Thomas Thabane, Thesele Maseribane, and Mr Metsing, to the King for reprimand. However, Kamoli later reported that Thabane had fled, and the plan was abandoned.
The accused—Kamoli, Metsing, Mochoboroane, Captain Litekanyo Nyakane, Corporals Motloheloa Ntsane, and Leutsoa Motsieloa—face multiple charges, including treason, the murder of police Sub Inspector Mokheseng Ramahloko, attempted murder, and aggravated assault.
Maj Gen Poopa also testified that he was later instructed to host a press conference to display confiscated weapons, which included AK-47s, Galil rifles, pistols, M16s, SLRs, and shotguns.
The case continues today, with defence lawyers expected to cross-examine retired Maj Gen Poopa.
