DPP Faces Fraud Charge

(MENAFN- The Post) MASERU – THE police are investigating the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, for alleged fraud and abuse of office.

thepost can reveal that the investigation, launched this week, is based on the allegation that Advocate Motinyane attempted to get the government to pay the M600 000 legal bill for a Constitutional case she filed mid-last year to block Prime Minister Sam Matekane's move to impeach her.

The allegation was first revealed in the suspension letter that Matekane wrote to Advocate Motinyane on June 24.

The prime minister's letter alleged that Advocate Motinyane wrote to the principal secretary of Law and Justice“urging him to use public funds to settle legal expenses amounting to around six hundred thousand maloti that you incurred in the same case you instituted against the government to stop effect to hold you accountable”.

Advocate Tekane Maqakachane is representing the DPP in her constitutional case, filed mid-last year, challenging the prime minister's authority to suspend her and establish a tribunal to impeach her over allegations of incompetence and misconduct.

Matekane said the government should not pay Advocate Maqakachane's fees because the DPP was fighting her personal battle to avoid being impeached.

He said Advocate Motinyane, as DPP and a senior government official,“know(s) very well that public funds cannot be expended to settle legal expenses incurred by you in your private capacity”.

Her attempt to get the government to pay her personal legal costs, Matekane said,“touches on the credibility and integrity of the office that you continue to occupy while facing these serious allegations”.

The prime minister further alleged that the DPP has appointed Advocate Maqakachane to prosecute a criminal case against a deputy police commissioner.

The DPP has hired Advocate Maqakachane to prosecute Deputy Commissioner of Police (DCP) Sera Makharilele, 48, who is charged with obstruction of justice and causing false entries into official police records.

DCP Makharilele, who is out on bail, is alleged to have fabricated two fake probes as a ruse to sabotage an investigation into the disappearance of M32 million at Lerotholi Polytechnic College.

The investigation against Advocate Motinyane comes barely two weeks after Matekane stepped up his efforts to push her out.

She tried to resist the suspension by reporting for work on Tuesday last week, but she found her office locked and the locks changed.

Matekane also ignored her warning to withdraw the suspension.

The Law Society of Lesotho has since filed an urgent High Court application to force Matekane to withdraw the suspension which it argued was unconstitutional because he doesn't have the authority to suspend the DPP.

It is unclear if the police investigation is part of a coordinated effort by the state to push out the DPP, who has been on the ropes since May last year when the prime minister asked her to explain why she could not be suspended and face an impeachment tribunal.

However, if she is charged, the state might seize on the case as further evidence that she is unfit to remain in office and should be impeached.

After receiving the show cause letter, Advocate Motinyane fought back by filing a constitutional case to block Matekane from proceeding with the impeachment.

That case is yet to be finalised but Advocate Motinyane has tried to build a stronger legal fortress to protect herself against the prime minister's manoeuvres. She launched two more cases.

The first, which was unsuccessful, challenged the quorum of judges appointed to hear her initial case. The second was for the recusal of some of the judges.

Matekane has already accused Advocate Motinyane of fraudulently creating a prosecution directive she had failed to issue for months. He alleges that she created the prosecution directive to avoid being impeached.

Majara Molupe

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