Mosili trial post­poned

Lesotho Times - - News - Tefo Tefo

the high Court yes­ter­day post­poned to 18 May a case in which As­sis­tant Com­mis­sioner of Po­lice (ACP) Sello Mosili wants to block his trans­fer from the Crim­i­nal In­ves­ti­ga­tion Ser­vice (CIS) to the Stock Theft and De­tec­tion Unit.

Jus­tice Semapo Peete had to resched­ule the case af­ter King’s Coun­sel (KC) Sale­mane Phafane in­tro­duced him­self as the new lawyer rep­re­sent­ing gov­ern­ment in the case.

Mr Mosili, who is be­ing rep­re­sented by At­tor­ney Khotso Nthon­tho, has cited Deputy Com­mis­sioner of Po­lice (DCP) Keketso Mon­a­heng, Com­mis­sioner of Po­lice Khothatso Tšooana, Min­is­ter of Po­lice Monyane Moleleki and At­tor­ney Gen­eral Tšokolo Makhethe as first to fourth re­spon­dents in the case.

How­ever, Jus­tice Peete had to post­pone the hear­ing af­ter At­tor­ney Nthon­tho in­sisted Ad­vo­cate Phafane should sub­mit a let­ter con­firm­ing his ap­point­ment to rep­re­sent the re­spon­dents from the At­tor­ney Gen­eral.

The judge made the de­ci­sion in his cham­bers where lawyers from both sides were present to sort out pre­lim­i­nary is­sues be­fore ACP Mosili’s ap­pli­ca­tion could be fully ar­gued.

Judges’ Clerk, Ramokhoro Makara yes­ter­day con­firmed the new de­vel­op­ments in an in­ter­view with the Le­sotho Times.

“Mr Phafane told the judge that he was rep­re­sent­ing the re­spon­dents, but the ap­pli­cant’s lawyer in­sisted that he should pro­duce a no­tice of his ap­point­ment from the At­tor­ney Gen­eral. The case was then post­poned to 18 May to give Mr Phafane time to pro­duce the said let­ter, and also pre­pare and sub­mit his heads of ar­gu­ment.

“the post­pone­ment was also meant to give the ap­pli­cant’s lawyer time to sup­ple­ment their heads of ar­gu­ment,” Mr Makara said.

He also said the in­terim court or­der granted in favour of ACP Mosili was still in force. The High Court last month or­dered that ACP Mosili’s trans­fer should be stopped un­til the case had been fi­nalised.

This was af­ter the of­fi­cer had ap- proached the High Court seek­ing an or­der stop­ping Mr Mon­a­heng “from work­ing and/or op­er­at­ing as the Com­mis­sioner of Po­lice in the pres­ence of the in­cum­bent Com­mis­sioner of Po­lice (Khothatso Tšooana).”

He also wanted the court to de­clare his trans­fer to the Stock Theft De­tec­tion Unit “ir­reg­u­lar and null and void ab ini­tio.”

In his sup­port­ing af­fi­davit, Mr Mosili ar­gued Mr Mon­a­heng had no pow­ers to trans­fer him be­cause Po­lice Com­mis­sioner Tšooana was in the coun­try af­ter re­turn­ing from a three-month leave of ab­sence which was part of the Maseru Se­cu­rity Ac­cord signed in Oc­to­ber last year.

Mr Mosili noted in the af­fi­davit: “I ever that im­me­di­ately af­ter re­ceiv­ing a let­ter trans­fer­ring me, I re­quested my coun­sel of record to write a let­ter in­ti­mat­ing my stance.

“I felt that my rights were fra­grantly vi­o­lated by be­ing trans­ferred by DCP Mon­a­heng, whom I know with re­spect, that he is not the act­ing Com­mis­sioner of Po­lice be­cause of the rea­sons ns elicited in Para 7 above.

“I am afraid that next xt week, there will be an­other per­sonn who will, by word of mouth, act inn the po­si­tion of the Com­mis­sioner of Po­lice and I will be trans­ferred again.” ain.”

In the para­graph hee was re­fer­ring to, Mr Mosil­isili ar­gued that Mr Mona- heng “is not the Com­mis­sioner of Po­lice and his act­ing ap­point­ment is fun­da­men­tally flawed.”

he fur­ther noted it was wrong for DCP Mon­a­heng to be ap­pointed act­ing Com­mis­sioner of Po­lice when there was DCP holomo Moli­beli, who was still act­ing as the com­mis­sioner fol­low­ing DCP Ma­supha Ma­supha’s res­ig­na­tion.

“I have a clear right as a dis­ci­plined po­lice­man to know that my trans­fer is done in ac­cor­dance with the law and by the right author­ity,” he added.

As­sis­tant Com­mis­sioner of Po­lice sello Mosili

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