MASERU – TWO sisters who allegedly murdered their mother so that they could cash in on her million maloti life cover confessed to a magistrate this week.
The sisters from Thetsane in Maseru, Nthei Rasekoai, 32, and ’Maphoka Rasekoai, 25, allegedly confessed to Magistrate Itumeleng Letsika in-camera.
They appeared before Magistrate Thamae Thamae yesterday to face a murder charge.
The magistrate remanded them in custody but told them to find a lawyer to help them apply for bail.
They are suspected of using a knife and a spade to kill their mother, Martha Rasekoai, mid-last year in Masowe 4.
Rasekoai was working at the Ministry of Development Planning.
There could however be a potential twist in their case after their lawyer Advocate Makhabane Masupha quarrelled with Magistrate Letsika who was hearing one of the sister’s confession.
Advocate Masupha has filed a High Court application seeking an order declaring that Magistrate Letsika violated the constitution when she allegedly threatened to lock him up for disturbing ’Maphoka’s confession that was happening in her chambers.
Advocate Masupha also wants the court to declare that Magistrate Letsika violated the constitution when she threatened to jail his two lawyers who later accompanied him to her chambers.
He claims that Magistrate Letsika scoffed at him and made several threats, including a threat to jail him, when he tried assisting his clients.
Advocate Masupha told the court in an affidavit yesterday that on Tuesday he met his clients accompanied by the police at the Magistrate’s Court.
“I observed that they were not themselves; they seemed not to be in good health,” he said.
He said he asked them what they were doing at the court and they responded that they didn’t know why the police had brought them there.
Advocate Masupha said he then asked the police officer in charge if he could briefly consult with them but the request was rejected.
He said instead the officer told him that bringing them to the court was part of their investigations.
He said the officer then took ’Maphoka to the chambers of Magistrate Letsika.
“I followed them into Magistrate Letsika’s chambers,” he said.
“I introduced myself to Magistrate Letsika that I am ’Maphoka’s lawyer.”
He said Magistrate Letsika told him that she would not entertain him because that was part of police investigations.
“She said as lawyers we interfere too much, that is why the police always beat us as lawyers just like Advocate Mafaesa,” he said, adding that the magistrate said this in the presence of ’Maphoka and one man who was in the office.
The magistrate, he said, ordered him to get out of her office.
Shocked, Advocate Masupha said he called two lawyers, Advocate Napo Mafaesa and Kabelo Letuka to narrate his ordeal.
He said he wanted to consult how best to handle the situation because Magistrate Letsika made the comments referring to an incident in which Advocate Mafaesa was subjected to police brutality while Advocate Letuka was threatened and intimidated by the police.
He said later the police went to his office to deliver a message that Magistrate Letsika wanted to see him.
He went to see the magistrate in the company of Advocates Mafaesa and Letuka because he did not know he had been summoned.
He said he was also concerned that Magistrate Letsika had suggested that “lawyers should be beaten for discharging their duties”.
“I felt there is nothing more to debate with the magistrate but my colleagues should assist me,” he said.
He said Advocates Mafaesa and Letuka went to the Court Orderly and requested her presence as a witness.
Advocate Masupha said Magistrate Letsika got angry at the sight of his lawyers.
“She stated that my conduct earlier was unbecoming and she was going to send me to prison for being in her chambers unauthorised earlier that day.”
“Advocate Letuka stated that he is (sic) representing me and would like to be given an audience but the learned magistrate remarked that she was going to send Adv Letuka and Adv Mafaesa to prison as well for being my lawyers.”
He said when Advocate Letuka raised a legal authority in a decided case the magistrate remarked in Sesotho saying “ntho tse ling ke ntho lisele” (some things are nonsensical).
“That is to say superior court precedent is nothing but rubbish,” he said.
“She said I am a lawyer and I always represent other people therefore I must represent myself.”
He said when Magistrate Letsika repeated that lawyers interfere a lot with the police and that is the reason the police will always beat them, “Advocate Mafaesa stated that he takes serious exception to the magistrate’s insinuation”.
He said the magistrate again threatened to jail his colleagues for budging into her chambers and participating in the meeting.
Advocate Masupha said after his lawyers left, the magistrate asked him why he interrupted her confession session and he answered that it had not started yet.
Magistrate Letsika, he said, told him that in the future he would send him to prison.
’Malimpho Majoro