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Police boss loses court case

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MASERU – POLICE Commissioner, Holomo Molibeli, has lost his bid to have Prime Minister Moeketsi Majoro and Police Minister Lepota Sekola jailed for contempt of Court.

This, after the Constitutional Court said it did not have jurisdiction to hear Commissioner Molibeli’s application to convict his bosses for contempt.

The coram was made up of Justices ’Maseforo Mahase, ’Mabatšoeneng Hlaele and Moneuoa Kopo.

The brief judgment was read by Justice Hlaele on Tuesday.

Justice Hlaele said the High Court, sitting as the Constitutional Court, could not hear Commissioner Molibeli’s case.

He said the High Court, when not sitting as the Constitutional Court, could deal with criminal matters. Contempt of court is a crime that attracts imprisonment.

Commissioner Molibeli’s application to convict his bosses for contempt of court was birthed by the letter that Majoro wrote asking him to give reasons why he could not advise King Letsie III to retire him in June.

Majoro wrote the letter to Commissioner Molibeli after he removed his deputy, DCP Beleme Lebajoa, from heading the crime investigation department. DCP Lebajoa was to be replaced by DCP Paseka Mokete.

Commissioner Molibeli wrote back to Majoro seeking for more particulars, but the Prime Minister refused, telling him that he had 48 hours to respond.

On June 3, 2022, Commissioner Molibeli filed an urgent application in the Constitutional Court seeking the court to stop Majoro from requesting him to provide reasons why he could not be retired and to bar him from advising the King to retire him.

On Saturday June 4, Commissioner Molibe said he received a call from the Minister of Police Sekola, telling him that he was in a meeting with Prime Minister Majoro. Commissioner Molibeli said Sekola told him that the Prime Minister was going ahead to advise the King to retire him.

Commissioner Molibeli then approached the court on June 6 accusing both Majoro and Lepota of contempt.

According to Commissioner Molibeli, the Prime Minister overreached by going ahead to prepare a legal instrument, while there was a court case.

He also wanted the court to order Vodacom Lesotho to give records of the telephone conversations between Sekola and Majoro to prove that they did not call him on June 4.

He also wanted them to give oral evidence in court. On July 13, the Constitutional Court denied both his requests.

“It is the view of this court that the dispute raised by the deponents on the answering affidavits that there have not been communications between the parties to the main litigation on June 4 does not constitute a material dispute because it does not address the materiality of the relief sort,” the court said.

After the dissolution of parliament, Commissioner Molibeli filed yet another application citing Section 83 (7) of the constitution.

According to that section, after the dissolution of parliament both the Prime Minister and the Deputy Prime Minister become caretakers, depriving them of the powers to make major changes in government.

The court is yet to hear this application. Given that elections would be held on October 7, it is unlikely that the court would have heard the section 83 application and the main case.

Khotsofalang Koloi

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