High Court denies Lipholo bail, deems him a flight risk
- BCM leader to remain in custody on sedition charges
- As Crown argues diplomatic passport and US Visa pose extradition hurdles
‘MATHATO SEBOKA
MASERU – The High Court has once again denied bail to Basotho Covenant Movement (BCM) leader and sitting legislator, Tšepo Lipholo, following a heated hearing on Monday – Justice Fumane Khabo ruled that the risk of him absconding was too high to warrant his release.
Lipholo, who has been in detention since July 5 on charges including sedition, saw his bail application opposed vigorously by the Crown. The court also clarified that a separate, more serious charge of treason is not part of this current application and would require its own bail hearing.
In arguments before Justice Khabo, Lipholo’s defence team, led by Advocate Tebalo Potsane, argued that his detention amounted to “pre-trial punishment.” They stressed his constitutional right to be presumed innocent and presented him as a rooted member of society with no incentive to flee.
“He is a member of the 11th Parliament, a family man with children whose livelihood he maintains. The Crown itself admits that this alone qualifies him for bail,” Potsane argued.
He dismissed the Crown’s claim that Lipholo was a flight risk or would interfere with witnesses as baseless, stating they provided “no factual basis” for the allegations.
Addressing the court’s concern over Lipholo’s valid US Visa, Potsane suggested that should the court view it as a risk, it could order the Visa’s cancellation.
However, the Crown presented a starkly different picture. Advocate Thantši Sekonyela opened by asserting that “bail is not a right” in Lesotho, but an interest subject to strict criteria.
Advocate Tsebiso Fuma, for the Crown, painted Lipholo as a high-flight risk. He highlighted Lipholo’s possession of both an ordinary and a diplomatic passport, which he uses “interchangeably,” making his movements difficult to trace.
“The seriousness of the charges provides a significant incentive for him to skip bail,” Fuma argued. He pointed to Lipholo’s four-month absence from parliament prior to his arrest as evidence that his job was “the least of his worries.”
Fuma also raised the spectre of Lipholo seeking political refugee status abroad, a move his diplomatic status would facilitate. He further argued that Lipholo’s US Visa opened doors to countries without extradition treaties with Lesotho, and that the court had “zero jurisdiction” to cancel it.
“We submit that there are no stringent conditions that can pin the petitioner within the jurisdiction of this court. Judging from the untrustworthiness he has demonstrated, it is unsafe to take his word,” Fuma concluded.
After considering the arguments, Justice Khabo agreed with the Crown’s assessment. Lipholo will remain in custody awaiting trial, with a ruling on the separate treason charge to be addressed in a future application. The court stated it would issue its full reasoned judgment as soon as possible.
