Africa-Press – Lesotho. The High Court will today hear the arguments on the joinder of Hon. Mothetjoa Metsing and Hon. Selibe Mochoboroane in the ongoing treason case. Both the crown and the defence lawyers will present their arguments and if the duo
lose they are likely to be joined together in the ongoing treason case and the murder of former Lesotho Defence Force (LDF) Lieutenant General Maapanakoe
Mahao who was allegedly killed by the soldiers near Mokema in June 25, 2015. The former LDF Commander Tlali Kamoli is and eight other soldiers faced with charges
relating to this murder and have been in custody since 2017 while awaiting their trail. In November last year the Constitutional Division of the High Court declined to
grant Mochoboroane and Metsing rescission and also declared the controversial Clause 10 which says “Mr. [Mothetjoa] Metsing and similarly placed persons will
not be subjected to any pending criminal proceedings during the dialogue and reform process” as unconstitutional. It held thus: “… it would be legally justifiable to arrive at a conclusion that
Clause 10 of the MOU, remains unconstitutional. However, we remain convinced that the sprit in the MOU appears to be a constructive way forward paving towards national healing, reconciliation and
unity. We reiterate our earlier position that the problem is intrinsically political and needs a political solution rather than a legalistic one. ” Also,
the Chief Justice Sakoane Sakoane had referred their application wherein the duo had petitioned the court to interdict the Director of Public Prosecutions
(DPP) from trying them.
“To the extent that the DPP is actively seeking to prevent the applicants from meaningfully
exercises (sic) their right of appeal by edaciously instituting challenged criminal proceedings, the propriety at which action depends upon the determination of the appeals, the DPP is committing an abuse of court process,
which should not be counter balanced. “The abuse of court process committed by the DPP is manifested in a related but different context in these proceedings.
She agreed to refrain from exercising her powers to institute the proceedings against the applicants pending the outcome of the decision by Constitutional Court on clause 10, which dictated
the deferral of prosecution against them,” reads their court application. Their attempt to challenge the High Court’s resistance from hearing their case and referring
it to the trail Judge failed to convince the Court of Appeal as in its recent judgement it had dismissed their two cases wherein in another case they wanted
the rescission of judgment relating to unconstitutionality of the Clause 10 and challenging their joinder, the court had dismissed their cases with costs and
the other one strucking it off the roll. Disposing of the cases the higher court of record in its May 14 verdict had said; “The Lesotho courts already are under severe pressure due to congested court rolls.
There is a need to stem unwarranted proliferation of litigation involving the same parties based on the same issues related to the same subject matter.
” It further said, “Clause 10 is pronounced unconstitutional”. The case is before Justice Onkemetse Tshosa.
