Maseru, Mar.23—- A case in which a Member of Parliament for Mekaling Constituency, Thabiso Lekitla is charged with murder was on Monday scheduled for hearing to November 09-13 2026.
The case failed to proceed in September 2024 following an application for recusal of the presiding judge Justice ‘Mabats’oeneng Hlaele. The application came after discussions on postponement and legal representation of the accused took place on September 02 and 03 2024.
Advocate Lepeli Molapo, one of the legal representatives for the accused had informed the court that he was not properly instructed by the accused adding that he could no longer represent him as he had not paid his legal fees.
The court directed that a pro deo lawyer be appointed for the accused. The accused later informed the court that he was informed by the Office of the Registrar of the High Court that he did not qualify for the pro deo legal representation due to his status and job. He requested for a postponement so that he could sort out his legal representation issue.
On the day the case was expected to proceed, Advocates Motiea Teele (KC) and Molapo introduced themselves as the legal representatives for the accused and asked for the recusal of the judge. The defence argued that the judge was likely to be biased due to the comments she previously made when the issues of legal representation of the accused and postponement were addressed.
The application was not successful as the presiding judge refused to recuse herself. She stated that the double-reasonableness test was not satisfied adding that a fair minded and properly informed observer would not apprehend bias.
The matter went on appeal which was however dismissed by the Court of Appeal. The matter was remitted to the High Court to proceed before the same judge on dates to be fixed with due expedition.
Ends/SM/BM
