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CHIEF JUSTICE RAISES CONCERN ABOUT FALSE LAWYERS
Chief Justice raises concern about false lawyers
29 November 2024 | 12:06

Chief Justice Sakoane Sakoane has on Thursday raised a concern about people who practice as lawyers though they are not registered with the Law Society of Lesotho.

The concern was raised during a trial in which two army members were charged with the murder of Lisebo Tang, which occurred near the residence of Former Army Commander Tlali Kamoli in 2014.

This was after a person robbed as a lawyer appeared before the court on behalf of the defence lawyer in this matter, who could not make it to court on time due to traffic caused by the ongoing Roof of Africa activities. 

The person was asked by the court through the Chief Justice, who is presiding over this case, if he is in good standing with the Law Society and he said he is still preparing to have his issues in order.

The Chief Justice stated that the person should not be appearing before the court as he is not the lawyer. He emphasized that it is contempt for anyone to come before court and purport to be the lawyer.

He added that the practice undermines the authority of the court. He indicated that people who are masquerading as lawyers are unlawfully taking people's money. He said that is robbery.

He remarked that the Law Society of Lesotho has requested that he asks each lawyer that appears before him if they have paid their dues. He said the Law Society should issue a public notice that each lawyer should produce a practicing certificate. He emphasized that those certificates should also be displayed in lawyers' offices as they are like traders' licenses.

Meanwhile, the trial was postponed to February 05 2025 in order to allow both the defense and the prosecution to prepare heads of arguments as the defense intends to apply for acquittal of the accused.

The accused in the matter, Corporal Tjekane Sebolai and Private Selone Ratsiu are facing charges of murder, attempted murder and malicious damage to property.       

It is alleged that on May 09 2014 at Ha Leqele, they shot and killed Tang as well as attempted to kill Tsepo Jane by shooting and injuring him.  It is further alleged that they also damaged a vehicle belonging to Jane by shooting at it during the same incident.        

The case was initially presided over by Justice Kabelo Lebotse, one of the foreign judges assigned to hear high profile cases in the country. However, the judge resigned at an advanced stage of the case where he had already ruled that two of the accused Corporal Sebolai and Private Ratsiu have a case to answer.       

He had also acquitted their co-accused Private Kopano Matsoso indicating that the prosecution has failed to link him to the offences charged.            

The matter was eventually allocated to the Chief Justice who decided that it should start afresh. He stated that in a criminal case where a judge resigns, the position of the law is that the judge cannot be forced to come and complete the matter. He indicated that the proceedings become a nullity and the matter should start de novo especially if the accused have not been convicted.           

The prosecution in the matter is represented by Advocate Motene Rafoneke while the defence is represented by Adv. Sello Ts'abeha



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