Tefo Tefo
THE much-anticipated case, in which the Director of Public Prosecutions (DPP), Leaba Thetsane, is pushing for the imprisonment of Acting Government Secretary Moahloli Mphaka for contempt of court has been rescheduled to 1 October.
The Constitutional Court, which is hearing the case, was supposed to set the date on Tuesday this week but was unable to do so as one of the presiding judges, Justice Semapo Peete, was unavailable due to other commitments.
The case was then postponed to yesterday with lawyers for Mr Mphaka and Advocate Thetsane (King’s Counsel) meeting in the judges’ chambers to set a new date for the case.
Following the meeting, Advocate Thetsane’s lawyer, Salemane Phafane (King’s Counsel), told the Lesotho Times a new date for the hearing had been set.
“The case has been set for the 1st of October for argument,” Advocate Phafane said.
The case will proceed before a panel of three judges namely Justices Tšeliso Monaphathi, Semapo Peete and Lisebo Chaka-Makhooane.
Advocate Thetsane wants Mr Mphaka jailed for contempt of court for instructing the police to eject him from his office on 25 August 2014.
The DPP argues his removal was against a ConCourt judgment, which said Mr Mphaka and Prime Minister Thomas Thabane had no powers to remove him from his post.
The ConCourt ruling, which was delivered on 8 August 2014, indicated only the Public Service Commission (PSC) was empowered to advise the DPP of his retirement age.
Advocate Thetsane had approached the court in reaction to a letter written on 16 June 2014 by Mr Mphaka, ordering that he vacate office with immediate effect because he was past the retirement age of 55. The DPP turned 56 last month. However, the Constitutional Court on 8 August 2014 rejected Advocate Thetsane’s claim that he should retire at the age of 60 years as provided by the Public Service Act of 2005. The DPP had acknowledged his retirement age, as stipulated by the constitution, was 55 years, but argued there is a specific section in the Act that allows public officers who wish to retire at the age of 60 years, to make such a choice.
Advocate Thetsane further argued he had made such a choice and provided documentary proof of the decision, which should have seen him retire in 2018.
