The long-standing criminal charges against Transformation Resource Centre (TRC) Executive Director, Tsikoane Peshoane, have been officially struck off the roll by the High Court after a legal battle lasting nearly three years, during which questions were raised about prosecutorial conduct, donor interference, and executive overreach.
According to a memorandum authored by his legal representative, Advocate Monaheng Seeiso Rasekoai of Rasekoai, Rampai & Lebakeng Attorneys, the charges of sexual assault and/or harassment initially brought against Peshoane under case number CR/0480/2022 were dismissed on April 3, 2025, after the prosecution failed to comply with a court order demanding disclosure of crucial documents.
“The battle of Mr. Peshoane was concluded some three years after his battle with state agencies, compromised complainants and supra-national agencies which were both biased and polarised,” the memo stated.
The memo revealed that even before Peshoane’s initial court appearance on July 11, 2022, doubts had already been raised by prosecutors regarding the viability of the case.
“I have carefully read the statements herein contained… These incidents of sexual abuse happened as far back as 2018… No one took up the matter to the police, why? Was there any threat to the victims by the Accused? I need clarity to enable me to form my independent opinion,” wrote a senior prosecutor in a Savingram dated 8 March 2022.
Another prosecutor, Adv. L. Mofolikoane, added in a subsequent memo: “The explanation that was given by the suspect to the Investigating Officer after being cautioned [must] be filed herein and the docket be returned to us for further directives.”
The memorandum alleged that when the prosecution faced difficulties with evidence, complainants escalated the matter to TRC’s donor, the European Union (EU), a move Peshoane’s legal team claims was calculated to damage his credibility and threaten funding for the organisation.
“This was evidently a well-calculated measure to discredit him as Executive Director and to render him unsuitable to the primary donors…,” the memo read.
“It is noteworthy to observe that the complainants escalated their complaints to a supra-national body… over a domestic criminal case which must be independently investigated by law enforcement agencies in terms of the laws of the Kingdom of Lesotho.”
The memo also accused the Office of the Prime Minister of interfering with the independence of the Director of Public Prosecutions (DPP), citing undisclosed correspondences that allegedly influenced the course of the case.
Following multiple failed attempts to refer the matter for constitutional review and a refusal by the magistrate to stay proceedings, Peshoane sought an urgent interdict from the High Court.
When Justice Ralebese recused herself, the case was reassigned to Justice Khamo. A final blow to the prosecution’s case came when it failed to comply with a court order issued on 20 March 2025 demanding the disclosure of several key documents, including, a letter from the Prime Minister to the DPP, the investigation docket, the investigation diary, the list of witnesses, and all supporting documents relevant to the prosecution.
“This application was neither opposed nor reacted to by the Prosecution Authority,” the memo noted.
“On the 3rd April 2025, a final order for the striking-off of all charges… was made and granted accordingly.”
The memorandum included strong statements defending Peshoane’s innocence and condemning what his legal team describes as a “trial by accusation” often seen in sexual assault cases.
“This case is a classic case of the ripple effects of a trial by accusation… There will be some who will be unwilling or unable to disbelieve a false accusation…,” it argued.
“Mr. Peshoane did everything legal and ethical to clear his name… His battle was not only his, but of those many men who have been falsely accused by evil and vindictive women.”
Quoting Alan Dershowitz, the memo stated: “‘There must be justice both for the victim of false accusations and for those who falsely accuse.’”=
Throughout the legal process, TRC reportedly lost donor funding and struggled to operate. According to the memo, he “has been operating and running the organisation without any resources for a period of almost two years to the chagrin of the marginalised members of society who are the primary beneficiaries.”
Ntsoaki Motaung is an award-winning health journalist from Lesotho, specializing in community health stories with a focus on sexual and reproductive health and rights, as well as HIV. She has contributed to platforms like “Be in the KNOW,” highlighting issues such as the exclusion of people with disabilities from HIV prevention efforts in Lesotho.
In addition to her journalism, Ntsoaki serves as the Country Coordinator for the Regional Media Action Plan Support Network (REMAPSEN). She is also a 2023 CPHIA Journalism Fellow.
