Chief Justice Sakoane Sakoane has on Tuesday revealed that a period of appointment for Justice Charles Hungwe as an acting judge of the High Court presiding over some of the high-profile cases expired in August and has not yet been renewed.

He stated that all necessary processes were done to extend the period adding that the ball is now in the hands of the state. He indicated that it seems the bureaucracy in the government is the one stalling the process. He pointed out that he is advised that the government is attending to the matter and will today or tomorrow provide their clear stand on the issue.

The Chief Justice remarked that the Judicial Service Commission (JSC) does not hold the purse adding that the Parliament allocates the budget while the executive distributes the funds. He emphasised that constitutionally a judge has to finish what he started.

Justice Hungwe, the trial judge in a case in which four police officers are accused of killing their colleague Police Constable Mokalekale Khetheng as well as a case in which some members of the army are accused of killing Brigadier Maaparankoe Mahao has not been available to proceed with both cases which were respectively scheduled to proceed from September 05-15 and September 18-29 2023.

Initially there were no explanations about the unavailability of the judge and the cases were on several occasions postponed by another judge of the High Court. After explaining why the judge has not been available, the Chief Justice today postponed both cases to October 16 2023. 

The accused in the Khetheng murder trial comprise Thabo Tsukulu, Mothibe Mofolo, Mabitle Matona and Haleokoe Taasoane. They are facing various charges including murder, perjury and defeating the ends of justice which allegedly occurred in 2016.   

They were initially charged together with former Minister Tseliso Mokhosi and the now Assistant Commissioner of Police Tseliso Moerane whose charges against both of them were dropped. They were also charged together with Former Commissioner of Police Molahlehi Letsoepa who is still at large and there was separation of trials.    

The accused standing trial for the murder of Mahao and related offences in the matter are nine members of the Lesotho Defence Force (LDF) including Former Army Commander Tlali Kamoli. It is alleged that the deceased in the matter was shot and killed on June 25 2015 at Ha Lekete in Mokema.