The Directorate on Corruption and Economic Offences (DCEO) has vowed to appeal this week’s High Court ruling permanently staying the M1.7 billion corruption case against former Minister in the Prime Minister’s Office, Temeki Tšolo, citing prosecutorial failures.
Public Relations Officer Matlhokomelo Senoko told Newsday that the DCEO was “not satisfied with the ruling” and will exhaust legal avenues to challenge the judgment.
The High Court’s decision has sparked intense public debate over the DCEO’s competence in handling high-profile cases.
In delivering the ruling, Judge Tšeliso Mokoko criticised the prosecution for being “never ready” to pursue the case. The Judge noted that the DCEO had failed to prosecute on two separate occasions and had neglected to inform the court of their unreadiness or to formally request a postponement.
Addressing the DCEO’s lawyer, Advocate Mojalefa Shakhane, Judge Mokoko said: “I have one problem. Your conduct shows you only became aware of this matter last week. You have failed to prosecute. You had all the resources at your disposal and did nothing. I will not allow you to use the court’s time to secure witnesses.”
The lead prosecutor assigned to the case, Durban-based Advocate Jay Naidoo SC, had not subpoenaed witnesses for the scheduled hearing between 18 and 22 August. Furthermore, Advocate Naidoo SC was absent from court on Monday, even though he had attended another DCEO matter last week.
In dismissing the case, Judge Mokoko stated: “The court finds that the crown failed to prosecute the matter on two occasions – the week beginning 21 October 2024 and the week beginning 18 August 2025. The crown had all resources at its disposal. The court notes that Naidoo SC was in Lesotho last Thursday but did not have the courtesy to inform the court.”
Section 278 of the Speedy Court Trials Act, 2002, mandates that trials proceed expeditiously. It also requires lawyers engaged in a matter to be present unless the court is informed otherwise. The court expressed concern that Advocate Naidoo SC may have been double-booked.
Advocate Shakhane attempted to argue that he and Tšolo’s lawyer, Advocate Molefi Masoabi, had agreed on a postponement. Advocate Masoabi refuted this, clarifying that while Shakhane had suggested the idea, he was advised to formally request the court’s approval.
Judge Mokoko emphasised that postponements must be justified: “What will move the court is whether reasons advanced for postponement are valid or not. The court is not bound by resolutions between defence and crown lawyers.”
When Advocate Masoabi suggested withdrawing the matter, Advocate Shakhane said he was aware of the provision but lacked authority to pursue it.
Judge Mokoko concluded that the prosecution could not drag the accused through court proceedings, incurring time and expenses, without valid reasons.
Tšolo is accused of charges including fraud, forgery, obstruction of justice and superior orders in which he allegedly signed a “deal” in 2018 while serving as the Minister under then Thomas Thabane’s led administration without the Cabinet’s approval and on behalf of the government with the German based Fraser Solar GMBH company. This “deal” involved a supply contract of energy saving equipment to supply the government with 350,000 solar lanterns, 40,000 solar water heating (SWH) units to replace electric geysers and 1.5 million LED lights.
However, the government did not opt for this “deal” and instead chose the Chinese one where it would build a solar plant in Ramarothole in the Mafeteng district. It would be recalled that the government commissioned the Phase I of this project which generates about 30 megawatts in 2023.
Fraser Solar company demands €50 million about M1 billion in compensation for “breach of contract” allegedly by the government. And the “contract” was about M700 million.
While he appeared as only one accused, Tšolo was charged jointly with the Fraser Solar GMBH director, Robert Fraser as well as the company, but since he was away, there were processes that had been engaged to extradite him into the country to face prosecution.
“On or about November 2024, the Directorate on corruption and Economic Offences (DCEO) initiated a criminal investigation against Mr. Temeki Tšolo and Frazer Solar Gmbh together with its Director Mr Robert Frazer on allegations of fraud and corruption. On or about 22 November 2022, the DCEO initiated criminal proceedings and jointly charged Mr Tšolo, Mr Frazer and his company for fraud and corruption and contravention of the section 21(3)(b) of the Prevention of Corruption and Economic Offences Act of 1999 as amended,” reads the DCEO statement published on 11 April 2024.
Fraser Solar has entered into a protracted legal battle with the government of Lesotho accusing it of reneging on its “contract”. And this lawsuit has cost the government millions fighting it locally and in the international courts.
Entering into the contract with the Fraser Solar would have seen the government contravene the provisions of the Public Financial Management and Accountability Act, 2011 as well as the Procurement Regulations of 2007.
The ruling is expected to be delivered in this case in the Supreme Court of Appeal in Bloemfontein, South Africa where Fraser Solar has appealed the Gauteng Division of the High Court’s decision.
When asked for comment following the dismissal of his case, the emotionally overwhelmed Tšolo who kept wiping tears with the handkerchief, said “I have always maintained that I was framed.”
Summary
- The Judge noted that the DCEO had failed to prosecute on two separate occasions and had neglected to inform the court of their unreadiness or to formally request a postponement.
- Tšolo is accused of charges including fraud, forgery, obstruction of justice and superior orders in which he allegedly signed a “deal” in 2018 while serving as the Minister under then Thomas Thabane’s led administration without the Cabinet’s approval and on behalf of the government with the German based Fraser Solar GMBH company.
- While he appeared as only one accused, Tšolo was charged jointly with the Fraser Solar GMBH director, Robert Fraser as well as the company, but since he was away, there were processes that had been engaged to extradite him into the country to face prosecution.
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.
