(MENAFN- The Post)
MASERU
KNORX Molelle's appointment as the Director General of the Directorate on
corruption and Economic Offences (DCEO) in February 2023 could have been illegal.
The Law Society of Lesotho has told Prime
Minister Sam Matekane that Molelle was appointed without being admitted as a
legal practitioner in Lesotho, as required by law.
The society claims the information came from a whistleblower on January 2 and was corroborated by its roll of legal practitioners in Lesotho
The society says the appointment violates section 4 of the Prevention of Corruption and Economic Offences Act 1999 which states that a person shall not be appointed as the DCEO director general unless they have been admitted as a legal practitioner in terms of the Legal Practitioners Act.
In the letter, Advocate Ithabeleng Phamotse, the society's secretary, tells Matekane that this requirement“is not a mere procedural formality but a substantive qualification essential to the lawful appointment of the Director General”.
“The absence of such qualification fatally impairs the appointment ab initio, rendering it null and void from the outset,” Advocate Phamotse says in the letter written on Tuesday.
The society argues that if left unaddressed the illegality undermines the credibility, effectiveness and legality of the DCEO's operations and exposes the kingdom to serious risks, including challenges to the lawfulness of decisions and actions made by Molelle.
“Should it be confirmed that the appointment was made in contravention of the mandatory legal requirements,” Advocate Phamotse said,“we respectfully urge you to take immediate corrective action to rectify this glaring irregularity”.Advertisement
Advocate Phamotse tells the prime minister that if the appointment is not corrected, the society would be“left with no alternative but to institute legal proceedings to protect the interests of justice and uphold the rule of law in Lesotho”.
“We trust that you will accord this matter your highest priority and act decisively to avert further damage to the integrity of our governance structures.”
The Prime Minister's spokesman, Thapelo Mabote, said they received the letter but Matekane had not yet read it yesterday.
Matekane is on leave and is expected back in the office on January 14.
Questions over the validity of his appointment come as Molelle is being haunted by the damaging audio clips that were leaked last week
The clips were clandestinely recorded by Basotho National Party leader, Machesetsa Mofomobe.
In some of the clips, Molelle appears to be describing Matekane and his deputy Justice Nthomeng Majara as idiots. He also appears to be calling Law Minister Richard Ramoeletsi a devil.
In other clips, he seems to be discussing cases. thepost has not independently verified the authenticity of the audio clips.
Staff Reporter
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