Africa-Press – Lesotho. Habofanoe Ntsie, who has been convicted for the double murder of two men over a decade ago, is challenging his extradition to face justice in Lesotho arguing he was abducted by South African police. High Court judge, Justice ’Maseforo Mahase, said she will make a ruling on the matter on December 14.
His lawyer, Advocate Raboloetse Makara, argued that the Lesotho High Court has jurisdiction to hear his case and should declare that Ntsie was abducted from South Africa and handed to the Lesotho police.
He asked that the crown should not oppose Ntsie’s application and “it should be granted and the accused be taken to where he was”. He said Ntsie has dual citizenship and the court will not exercise jurisdiction where a person has been brought unlawfully.
“Not following the law (to bring Ntsie here) amounted to kidnapping,” he said. Advocate Makara said the records show that Ntsie had been in prison since 2019 but the proceedings they are having are from 2015.
“How the applicant got arrested in 2019 and what has been happening since 2015 to 2019 is not stated,” he said.
“All of a sudden the matter is said to be urgent.
He said the Director of Public Prosecutions (DPP) was trying her luck to deny Ntsie his rights because he appeared in South Africa for the 2015 extradition proceedings but they were dismissed.
He said the DPP and the Lesotho Police Interpol should work together with South African Police Interpol and deport Ntsie to South Africa where he was.
“I truly want the accused to serve his sentence for all things he has done but he should do it following the right procedures, not for him to be brought here unlawfully”, Makara said.
Advocate Lehlanako Mofilikoane for the crown said the court has no power to review the proceedings of jurisdiction of another country. Justice Mahase said she will deliver a ruling on the matter on December 14.
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