Maseru, Mar.26—The High Court through Justice Ts’eliso Mokoko has on Thursday reviewed and set aside a decision by the Director of Public Prosecutions (DPP) in which she removed a fraud and corruption case from the magistrate court and referred it to the high court.
The case against Bokang Nthimo, Mabela Lehloenya, Bahlakoana 1966 Group PTY LTD, Semenekane Khooa and Lehlohonolo Ntlama was already scheduled for hearing before the Thaba-Tseka Magistrate’s Court when the DPP made the decision to have it dealt with by the high court.
The high court today issued an order that the case is remitted to the magistrate court for trial.
The applicants in this matter had approached the high court with a review application requesting review, correction and setting aside of the DPP’s decision.
Legal representative for the applicants Advocate Motiea Teele argued that what the DPP did is forum shopping, adding that it should not be allowed. He stated that when she made the decision to have the matter tried before the magistrate court, she had considered all the relevant factors adding that she was aware that justice would be done.
He indicated that the case was pending before the magistrate court when the DPP decided to have it removed adding that a hearing date had already been set. He emphasised that the case can be competently heard by the magistrate court.
“The high court should not be clogged with matters that can be meaningfully heard by the subordinate courts”, he said.
Adv. ‘Malerato Ntsatsi of the Directorate on Corruption and Economic Offences (DCEO) argued that the DPP was exercising her statutory powers when she made the decision.She emphasised that what she did was correct adding that it cannot be said to be forum shopping. She pointed out that the magistrate court is the remanding court adding that the DPP can then decide in which forum the case should proceed.
She indicated that it is true that the magistrate court has the jurisdiction to hear the matter, but there are instances and cases such as the current one in which the DPP can issue a directive that they be referred to the high court. She said the gravity of the offences the applicants are charged with necessitate committal. She added that it is in the best interest of the state that the matter is committed to the high court.
Ends/SM/BM
