By Seipati Matobo
Maseru
The Law Society of Lesotho has issued a strongly worded letter to Prime Minister Sam Matekane, demanding the immediate withdrawal of the suspension of the Director of Public Prosecutions (DPP), citing a violation of constitutional provisions. The letter, dated July 1, 2025, warns that the Prime Minister’s action undermines the rule of law and the independence of critical state institutions.
The Society emphasized that Section 141(7) of Lesotho’s Constitution explicitly vests the power to suspend the DPP in the King, acting on the advice of the Public Service Commission—not the Prime Minister. According to the letter, the Executive’s unilateral decision is ultra vires (beyond legal authority) and therefore null and void.
The Society further warned that such action sets a dangerous precedent by allowing the Executive to bypass constitutional safeguards. It stressed that the office of the DPP must remain free from political interference in order to ensure impartial prosecutions and maintain public trust in governance.
In its letter, the Law Society urged the Prime Minister to immediately reverse the suspension, refrain from further unconstitutional actions, refer the matter to the Public Service Commission for due process, and respect ongoing court proceedings related to the issue.
Reminding the Prime Minister of his government’s mandate to uphold constitutionalism, the Society warned that failure to comply could leave it no choice but to seek judicial intervention. A meeting was proposed for July 2, 2025, to resolve the matter amicably and avoid litigation.
Legal experts fear the suspension could erode the country’s checks and balances, potentially weakening Lesotho’s democratic institutions. The Law Society’s intervention highlights growing tensions between the Executive and independent institutions.
