What You Need to Know
The Court of Appeal in Lesotho is questioning a High Court decision that permanently stayed corruption charges against former Minister Temeki Tsólo. The appeal, initiated by the state, seeks to reinstate the charges related to a solar energy contract. The Court raised concerns about the implications of a permanent stay on justice and the prosecution's conduct in the case.
Africa-Press – Lesotho. The Court of Appeal has on Thursday questioned a decision by the High Court to permanently stay a corruption case against Temeki Tsólo who allegedly signed a solar energy contract with Frazer Solar on behalf of the Government of Lesotho while he was a Minister in the Prime Minister’s Office.
The questions came during the hearing of an appeal in which the state is challenging the decision of the High Court, in their bid to have the charges against Tsólo reinstated.
Among the questions raised by the Court of Appeal was whether it was competent for the court to grant a permanent stay without an application. The Court also asked if it can be a reason for a judge to grant stay because he does not want a part-heard matter. It further asked whether the decision of the High Court was a drastic overreaction.
The Court remarked that permanent stay is a serious issue adding that it has far reaching consequences on the administration of justice. It added that the accused is not the only one with rights, further adding that the community is affected, especially where issues of corruption are involved.
The Court also asked if it is good conduct on the state prosecution to not appear on a number of occasions in a case. It cautioned prosecutors against such conduct and contributed to delays within the criminal courts.
Advocate Jay Naidoo who is representing the appellants in the appeal told the Court of Appeal that the High Court judge did not entertain any explanations. He assured the Court of Appeal that the Directorate on Corruption and Economic Offences (DCEO) which is responsible for the prosecution of the matter was not delinquent.
At the beginning of the hearing of the appeal, the court was informed by Adv. Molefi Masoabi who is representing Tsólo that his client has not completed processes with the Legal Aid. He stated that Ts’olo has been sick adding he has been saying that he would come to the office for instructions but never did. He said he recently asked him to come to court but he collapsed in the morning and was taken to hospital.
An order suggested was that the appeal be upheld, a judgment of the High Court be set aside and the case be remitted to the High Court to proceed before a different judge.
The appeal was heard by President of the Court of Appeal Professor Kananelo Mosito, Chief Justice Sakoane Sakoane and Acting Justice Johann van der Westehuizen. Judgment is expected to be delivered on May 15 2026.
Lesotho has faced ongoing challenges with corruption, particularly in government contracts and public procurement. The case against Temeki Tsólo highlights the complexities of legal proceedings in corruption cases, where the balance between individual rights and public interest must be carefully navigated. The High Court’s decision to stay the case raised significant questions about judicial processes and accountability in Lesotho’s legal system. The Court of Appeal’s scrutiny reflects a commitment to ensuring justice is served in cases involving public officials.
