Khetheng family in anguish

Demands suspended prosecutor return to high-profile murder case amid justice system fears

‘MATHATO SEBOKA

MASERU – The family of murdered Police Constable Mokalekale Khetheng is demanding the reinstatement of suspended Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, to lead his case, fearing further delays and a loss of trust in the justice system.

This plea comes alongside profound disappointment expressed by other families affected by political violence between 2014 and 2016 regarding Motinyane’s suspension.

Constable Khetheng disappeared in March 2016 after being arrested by fellow officers in Hlotse. His body was discovered in a remote cemetery in Sebothoane in May 2017 and formally exhumed in August 2019 for investigation.

Eight years since his death, justice remains elusive for his family, compounding their grief.

Their anguish intensified following the suspension of DPP Motinyane in July. Motinyane had been actively prosecuting Khetheng’s murder case, having taken over from South African prosecutor, Advocate Shaun Abrahams.

Her suspension, and the subsequent appointment of Advocate Lehlanako Mofilikoane as Acting DPP, sparked immediate alarm.

On July 16, three families united in expressing “profound disappointment” over Motinyane’s suspension, the Khethengs, the family of police Sub-Inspector Mokheseng Ramahloko (killed during the 2014 attempted coup), and the family of Lieutenant General Maaparankoe Mahao (murdered in 2015). They see her removal as detrimental to their pursuit of accountability.

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 outskirts of the capital, Maseru.

In a formal letter dated August 1, addressed to Acting DPP Mofilikoane, Mabula Khetheng, writing for the family, explicitly requested Motinyane’s return to prosecute the case. Khetheng argued her continued involvement is vital for fairness and justice.
“It is our firm case, and the fact that the defence is being led by the King’s Counsel, we respectfully submit that the interest of justice and fairness to us, the family of the victim, would best be served by having the substantive DPP continue with the prosecution,” Khetheng stated.

“This is not only a matter of legal strategy but also of public confidence in justice and accountability for a grave crime.”
Khetheng highlighted that the case has reached a critical juncture where the accused are required to answer the charges.

“However, there appears to be uncertainty about the leadership of the prosecution at this important juncture,” he noted, adding that the family had recently met with Acting DPP Mofilikoane to convey their concerns.

Emphasizing Motinyane’s diligence since inheriting the complex case, Khetheng urged authorities: “We urge all relevant authorities to consider this request seriously and ensure that the case proceeds without delay, under the guidance of experienced and senior leadership. We seek only justice for Mokalekale and trust that justice will not fail him or us.”

The suspension of the DPP prosecuting such a high-profile, long-delayed case has cast a shadow over the proceedings, amplifying the Khetheng family’s existing trauma and raising broader concerns about institutional stability and the enduring impact of delayed justice on victims’ families.

“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 maintains 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 Mofilikoane in her place.

Khetheng’s, and the other families, have made it clear that they were dismayed when Advocate Shaun Abrahams was not remunerated for his work by 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 government was committed to paying him as per his appointment contract,” the families said.

 “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.”