Families of political violence victims decry DPP suspension

‘MATHATO SEBOKA

MASERU – Three families who lost relatives during Lesotho’s political upheavals between 2014 and 2016 have expressed profound disappointment following the suspension of Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane. 

The families, still grieving victims of unrest linked to the volatile political climate of that era, view Motinyane’s removal as a setback to justice.

They had placed hope in her office’s efforts to prosecute those responsible for the killings, which included assassinations and targeted violence during a period of intense instability. 

Advocate Motinyane, appointed to spearhead high-profile cases tied to the turmoil, was suspended by the government last week. While official reasons cite administrative procedures, the families fear her dismissal disrupts critical momentum in holding perpetrators accountable. 

“After years of waiting for answers, this suspension feels like justice is being taken from us again,” said one family member, who requested anonymity due to security concerns. 

The DPP’s office had recently reopened investigations into several politically motivated murders from the 2014 to 2016 crisis. The suspension has sparked broader unease among human rights groups, who warn it could undermine judicial independence and stall accountability efforts. 

Government representatives maintain the suspension follows due process and is unrelated to ongoing cases. 

Motinyane was suspended on July 4 and the government has moved swiftly to appoint acting DPP in her place.

The families of Police Constable Mokalekale Khetheng deceased in 2016, Sub-Inspector Mokheseng Ramahloko deceased in 2015 and army commander, Lieutenant General (Lt Gen) Maaparankoe Mahao, in a joint statement, voiced their dissatisfied on several issues they say government is messing up.

Khetheng was murdered by his colleagues after he was arrested for alleged arson in Mokhotlong.

Ramahloko was killed during an army raid at the Police Headquarters and surrounding police stations in Maseru in 2015. The army alleged they wanted to disarm the police of arms destined for chaos during the tumultuous administration of the first coalition government.

Mahao was ambushed and fatally shot by his colleagues suspected of mutiny, he was waylaid, ambushed and killed near his home of Mokema, in the outskirt of the capital.

Most of the suspects in the three cases are already languishing in jail albeit with no convictions yet and include then army boss Lt Gen Tlali Kamoli who has been in jail since 2017.

The bereaved families are angry that with the government fiddling in courts and court processes, their loved ones’ cases are delayed purposely in order to disrupt justice.

The suspension of the DPP is a third prime example they said.

The first was the resignation of one of the foreign judges assigned to their cases.

The second was that of the South African prosecutor Shawn Abrahams who quit over lack of pay as well.

The first were the successive resignations of two Batswana judges: Justice Kabelo Lebotse who resigned in 2020 over the frustrating conduct of the accused, and that of Justice Onkemetse Tshosa in 2021 over poor working conditions.

“Three foreign judges were brought to Lesotho to preside over the cases. Surprisingly, only one of these judges remains (Justice Charles Hungwe). Two have resigned from these cases citing delaying tactics internationally meant to disrupt and spoil cases,” they state.

Southern African Development Communities (SADC) made a decision that cases earmarked as “high-profile case”, be handled by foreign judges due to the political polarisation that exists in Lesotho.  

These divisions have even extended to the judiciary hence it could make it difficult for court decisions presided by local judges to be acceptable to all.

This was why the SADC advised on foreign judges, a decision that was to be implemented with the European Union financially supporting the move.

The frustrating conduct of the accused and the on-going challenges at the courts, the families argue “were meant to ensure some of the witnesses lose track of events or even their lives before the cases could be heard, with the aim to undermine the evidence.”

 “As further delaying tactics, the accused – through their attorneys – filed a series of court cases, which the courts dismissed (High Court, Constitutional, and Appeal Court),” they said.

The families stated that it was due to these deliberate delays that the foreign judges ended up resigning.

They also stated that as the affected families, they were dismayed when Advocate Shaun Abrahams was not remunerated for his work by the Lesotho government.

“This forced him to resign from the cases he was already handling. And this came after he had already met some of the key witnesses. The non-payment of Abrahams, who had already done substantial work on the cases, put a dent on the prosecution’s side.

He had promised to return to his duties once the Lesotho government was committed to paying him as per his appointment contract,” the families said.

The families further pointed out that Abrahams’ resignation compelled the DPP to engage other judges to preside over the cases.

“Unfortunately, these new judges did not have adequate time to prepare, which could severely compromise the weight of the prosecution,” they stated.

“The families have also learnt that the current prosecution is already citing lack of payment for their services, which places the cases in peril with the possibility of the judges relinquishing their duties as well.”

The aggrieved families further cried foul over attempts by government to impeach the DPP in an attempt to remove her from her position which started in July 2024.

“We will recall that the DPP has often explained that her persecution stems from her refusal to withdraw some of the cases facing the known suspects – some of whom are now part of government,” they said in their statement.

The families were strong in chastising the government particularly on the case of the late Police Constable Khetheng.

“All these point to attempts to stall these high profile cases so that they never see the light of day, and ensure the accused walk free. The most surprising factor in these cases is where government assumes the positions of both prosecutor and defender of the accused, which smacks of blatant double standards.

Suspension of the DPP is a flagrant interference with her job and puts the Mokalekale Khetheng case in jeopardy. The nation will recall that the case against the accused is very strong and they should therefore provide their defence,” the statement said.