Metsing in the dock

. . . as third SA judge takes oath today to pre­side over deputy pre­mier’s le­gal bat­tle with DCEO

Lesotho Times - - News - Tefo Tefo

SOUTH Africa’s Jus­tice Ge­orge Maluleke is ex­pected to be sworn in today as Act­ing Judge of the Le­sotho High Court and pre­side over a case in which Deputy Prime Min­is­ter Mo­thetjoa Metsing wants the Con­sti­tu­tional Court to de­clare the ac­qui­si­tion of his bank­ing de­tails by the Direc­torate on Cor­rup­tion and Eco­nomic Of­fences (DCEO) un­con­sti­tu­tional.

Jus­tice Maluleke would be one of three South African judges set to de­cide Mr Metsing’s fate, with Jus­tices John ‘Musi from Bloem­fontein and Sulet Pot­ter­ill from Pre­to­ria, com­plet­ing the three-mem­ber panel.

High Court As­sis­tant Reg­is­trar, Staford Sharite, on Tues­day con­firmed the de­vel­op­ments, adding Jus­tice Maluleke’s ap­point­ment was rec­om­mended by the Ju­di­cial Ser­vice Com­mis­sion (JSC) last month.

“The Chief Jus­tice (Nthomeng Ma­jara) will swear-in Jus­tice Ge­orge Maluleke from Johannesburg, South Africa, as Act­ing Judge of the High Court to pre­side over Mr Metsing’s case,” Mr Sharite said.

“The swear­ing-in cer­e­mony takes place on Thurs­day morn­ing (today), and soon af­ter, Jus­tice Maluleke would join two other South African judges pre­sid­ing over the case.”

Mr Metsing, who is con­test­ing the ac­qui­si­tion of the bank­ing de­tails by the DCEO as part of the or­gan­i­sa­tion’s in­ves­ti­ga­tions into his al­leged in­volve­ment in cor­rupt ac­tiv­i­ties, has re­quested a for­eign panel of judges to pre­side over his case to elim­i­nate any pos­si­ble bias against him.

The Le­sotho Congress for Democ­racy (LCD) leader has since re­quested two lo­cal judges, Jus­tices Ma­jara and Tšeliso Mon­aphathi, to re­cuse them­selves from the case, hence Jus­tice Maluleke’s ap­point­ment.

In his ur­gent ap­pli­ca­tion filed be­fore the Con­sti­tu­tional Court on 11 Au­gust 2014, Mr Metsing ar­gued the ac­qui­si­tion of the in­for­ma­tion from Stan­dard Le­sotho Bank and Ned­bank early last year with­out his con­sent or be­ing con­sulted, was a vi­o­la­tion of his con­sti­tu­tional rights.

In an ef­fort to strengthen his case against the DCEO, Mr Metsing sub­mit­ted an af­fi­davit be­fore the Con­sti­tu­tional Court in Novem­ber last year, in which he al­leged his coali­tion gov­ern­ment part­ners — Prime Min­is­ter Thomas Tha­bane and Sports Min­is­ter Th­e­sele ‘Maserib­ane — were behind the in-

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