Magistrate Kao Nailed

MASERU – MAGISTRATE Masupha Kao's career in the judiciary could end in disgrace after he was found guilty of deserting his job to take up a diplomatic post four years ago.

Justice Fumane Khabo, who chaired the disciplinary panel established by the Judicial Service Commission (JSC), announced the guilty verdict last Friday.

Justice Khabo is yet to say what punishment Magistrate Kao should face but High Court sources told thepost that she could recommend dismissal because of his belligerence after he was charged.

Magistrate Kao was assigned to the Lesotho embassy in Washington in 2021 but left without the JSC's approval.
He was notified of his charges soon after his return in 2024.

High Court Registrar Advocate Mathato Sekoai told him, in a letter, that he had persisted with taking up the diplomatic post even after the JSC had denied his request for secondment.

Advocate Sekoai said despite correspondence with Senior Resident Magistrate and Chief Magistrate for the southern districts,“you (Magistrate Kao) unequivocally responded that you will not report to work sooner than May 2024, stating that you have been posted on special assignment to the Lesotho-Washington Embassy”.

Magistrate Kao initially challenged the disciplinary panel against him.

In January, however, Magistrate Kao responded to Advocate Sekoai's letter saying she had not mentioned who was charging him.

He argued that procedurally his immediate supervisor should have been the one charging him but, instead,“the letter has been penned by yourself, in your capacity as the Registrar of the High Court”.

He said his immediate supervisor had not contacted him about the charges.

He said Advocate Sekoai had no authority to charge him.

“Assuming you are the one instigating this charge. This would be a serious irregularity worth ignoring.

It would not come as a surprise to see you taking this step because you have such a huge appetite for power and control and have absolutely no regard and respect for the boundaries of your authority,” he said.

“Your so-called Chief Accounting Officer title does not entitle you to meddle with anyone, anyhow you like.”

He said respect, honour, integrity and wisdom have been trying to catch up with Advocate Sekoai“but you keep accelerating your speed as you flee from them”.

He said if she had an iota of practical experience in the legal profession, she would know that she was not the right person to bring charges against him because she insulted him on September 14, 2020.

“You ought to step back because you are highly conflicted. Do the honest thing. Stop weaponising your office to fight your irrational battles.”

Magistrate Kao told Advocate Sekoai that he did not believe the JSC decided to stop him from going to the new assignment abroad.

He said before he left, he had asked the JSC for approval through Advocate Sekoai, but she did not tell him the JSC's decision even when he asked for it from her.

Magistrate Kao said it was only when he was en route to Washington that Advocate Sekoai sent a letter to his office informing him that the JSC had denied his secondment to the Lesotho embassy in Washington.

Advocate Sekoai, he said, even refused to provide him with the minutes of the JSC to prove that it was not her sole decision that had nothing to do with the JSC.

Staff Reporter

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