High Court Judge Molefi Makara has sharply criticised the Directorate on Corruption and Economic Offences (DCEO) for dragging its feet in prosecuting the long-pending fraud and abuse of power case against former Minister of Education and Training, Dr. Mahali Phamotse.
The case, which has stalled for five years without meaningful progress, pits Dr. Phamotse, now leader of the United Africans Transformation (UAT), against the state alongside her former Principal Secretary, ‘Mapaseka Kolotsane, and former Deputy PS, Ratšiu Majara, who currently serves as PS in the same ministry.
The trio faces charges of fraud, abuse of power, and allegedly influencing the award of a tender for school textbooks in 2020, when they were at the helm of the ministry.
On Wednesday, the case failed to proceed yet again after the court was told that the DCEO had, only a day before, appointed a new lead prosecutor, Advocate Peleha Joala.
The matter had previously been assigned to South African Advocate Shaun Abrahams, who abruptly withdrew before being handed over to Advocate ‘Naki Nku, who also failed to bring it to a conclusion.
The persistent delays drew strong rebuke from Judge Makara, who warned that such procrastination could be “torturous” to the accused, adding: “It can kill the person emotionally.”
Defence lawyers, Advocate Salemane Phafane KC for Phamotse and Advocate Bokang Moshoeshoe for Kolotsane, also accused the DCEO of failing to provide crucial documents needed to prepare their defence.
Judge Makara concurred, stressing: “It is the constitutional right of the accused to be furnished by the crown with documents forming the basis of the charge so that they can architect their defence going forward.”
Previously, Advocate Phafane had sought a permanent stay of prosecution, an application the court declined, acknowledging Lesotho’s resource constraints. Judge Makara noted that while he had dismissed the application, a judge from another jurisdiction might well have struck the case off the roll permanently.
Advocate Phafane argued that the court may now be regretting that decision. “The sad part is that the crown created an impression in the public that the court did not want to proceed with the matter, when in fact the record reflects the crown has never been ready,” he said.
Kolotsane has demanded at least 29 documents, including evidence of how Epic and Molumeli were “initially” awarded the Grade 5 textbook tender, and copies of any records showing alleged interference in the process.
Meanwhile, Advocate Joala, newly appointed to lead the prosecution, requested a month to familiarise himself with the voluminous case file. Defence counsel suggested he be given two months, a request the court granted.
The matter will return to court on 11 November for mention, when the crown is expected to advise whether the case is prosecutable or should be withdrawn.
Summary
- The trio faces charges of fraud, abuse of power, and allegedly influencing the award of a tender for school textbooks in 2020, when they were at the helm of the ministry.
- “It is the constitutional right of the accused to be furnished by the crown with documents forming the basis of the charge so that they can architect their defence going forward.
- “The sad part is that the crown created an impression in the public that the court did not want to proceed with the matter, when in fact the record reflects the crown has never been ready,” he said.
Thoboloko Ntšonyane is a dedicated journalist who has contributed to various publications. He focuses on parliament, climate change, human rights, sexual and reproductive health rights (SRHR), health, business and court reports. His work inspires change, triggers dialogue and also promote transparency in a society.
