THE much-anticipated criminal trials of past and serving members of the security agencies could be further delayed amid revelations that the government is only in the early stages of talks with international partners to bring in foreign judges to preside over the cases.
The government has previously said that the foreign judges will be in Lesotho by September in time to hear cases including those of murder-accused former army commander, Lieutenant General Tlali Kamoli; Lesotho Congress for Democracy’s (LCD) Deputy Leader, Tšeliso Mokhosi and the former Police Commissioner, Molahlehi Letsoepa.
But two weeks into September, there is still no sign of the foreign judges and the government is uncertain as to when they will finally arrive.
The Minister of Justice and Correctional Services, Mokhele Moletsane, this week referred all questions on the issue to the Acting Registrar of the High Court, Pontšo Phafoli.
“The High Court registrar is better placed to say how far the process of engaging foreign judges has gone as she is directly dealing with the matter,” Mr Moletsane told the Lesotho Times.
For her part, Ms Phafoli said it was premature to give any details as the process to bring in the foreign judges was still in its early stages.
“We are still in the negotiation stage with the countries which will be assisting Lesotho with the judges and therefore we cannot give any dates as to when they (judges) are expected to arrive in the country,” Ms Phafoli said.
Although she would not reveal any names citing the need for confidentiality, government sources have said that South Africa is one of the countries that will provide judges once an agreement has been reached.
The delay in the arrival of the judges has already caused the postponement of the murder trial of Mr Mokhosi, Mr Letsoepa and four senior police officers which had been scheduled for 4 September this year.
Messrs Mokhosi, Letsoepa and the four police officers stand accused of murdering Police Constable (PC) Mokalekale Khetheng two years ago.
In June this year, High Court judge Justice Thamsanqa Nomngcongo set 4 to 7 September 2018 as the trial dates for the murder case.
This was after the defence lawyers and the prosecution had submitted that they had been informed by the office of the Registrar and the office of the Director of Public Prosecutions (DPP) that foreign judges would be available from September to hear this and other cases involving members of the security agencies.
But the trial failed to kick-off on Tuesday 4 September as there were still no foreign judges who had been assigned to the case. The case has since been postponed to 25 September.
It also remains to be seen if the murder and attempted murder trials of Lt-Gen Kamoli will begin as expected on 9 October this year.
In the first case which has been set for 9 to 12 October, Lt-Gen Tlali stands accused of murder in connection with the killing of Police Sub-Inspector Mokheseng Ramahloko at the Police Headquarters in Maseru during the attempted coup of 30 August 2014.
Lt-Gen Kamoli is charged alongside Captain Litekanyo Nyakane, Lance Corporal Motloheloa Ntsane and Lance Corporal Leutsoa Motsieloa.
In the second case, the former army chief is facing 14 counts of attempted murder in connection with the 27 January 2014 simultaneous bombings of the Moshoeshoe II homes of First Lady Maesaiah Thabane and the Ha Abia residence of former police commissioner, Khothatso Tšooana.
The attempted murder case has been set for 16 to 19 October 2018.
In this case the former Lt-Gen Kamoli is charged alongside Major Pitso Ramoepane, Captain Litekanyo Nyakane, Sergeant Heqoa Malefane and Corporal Mohlalefi Seitlheko.
Mr Moletsane also told the Lesotho Times that the decision to engage foreign judges was taken to protect local judges from possible victimisation and backlash from trying the “politically sensitive cases”.
Mr Moletsane said while the local judges were competent enough to try the cases, the government and the Southern African Development Community (SADC) still felt it necessary to engage foreign judges because the cases in question were politically sensitive. He further said that the verdicts of the foreign judges were less likely to be viewed as biased.
“It has never been about the incompetency of local judges as the government believes they are capable enough to preside over the cases.
“However, the government and SADC agreed that due to the nature of the cases which are said to be politically sensitive, it would be best to source foreign judges because local judges are at risk of being victimised for the verdicts they would give for the cases,” Mr Moletsane said.