Advocate Christopher Lephuthing has on Tuesday, before the High Court sitting as the Constitutional Court, insisted that his clients, nine police officers who are suspected of murder, should not be prosecuted.

Superintendent Mabohlokoa Makotoko, Detective Inspector Mathibe Mathibe, Inspector Tsepo Molaoli, Detective Sergeant Abiel Ponoane, Detective Police Constable Bongani Mzamane, Police Constable Matero Mokethi, Police Constable Tumelo Ntabenyane, Woman Police Constable Mpuleleng Lengoasa and Boneswa Mateyisi are alleged to have killed two suspects in January 2019 while in police custody.

Adv. Lephuthing argued that by issuing a directive that the applicants be prosecuted, the Director of Public Prosecutions (DPP) is abusing her constitutional powers. He stated that prejudice starts at the preparatory stage of a case not when it starts.

He said the police and the DPP know well that the applicants are not responsible for the alleged murders but are deliberately protecting the perpetrators. He emphasised that the applicants have nothing to do with the offence as they were not on duty when the suspects died therefore there is no need for them to go to trial.

The lawyer pointed out that they approached the court in its constitutional setup in terms of section 22 of the Constitution. According to the section one can come to the High Court if their rights have been or are likely to be violated and there is no other alternative.

The applicants argue that an inquest into the alleged murders which was before the Leribe Magistrate Court should be completed before they are charged. They among others seek a declarator that the DPP contradicts section 6 (1) of the Inquest Proclamation 37 of 1954 as amended and thus abuses the court process.

The respondents in this case are the DPP, Commissioner of Police and the Attorney General.