Dr Lipholo Takes High Court Fight Further as He Challenges Remand and Pleads for Bail

MASERU – The leader of the Basotho Covenant Movement (BCM), Dr Tsepo Lipholo, is stepping up his legal battle by launching two High Court applications , one to declare his remand unlawful and the other to secure his release on bail. Lipholo has been in custody since last Friday following charges of sedition, contempt, and incitement arising from controversial remarks seen as disrespectful to the Royal Family.

Challenge to Remand Raises Questions About Prosecutorial Powers

Represented by Advocates Fusi Schapi and Ramisima Lesenyeho, Lipholo contends that his remand was unconstitutional due to the absence of a valid directive from suspended Director of Public Prosecutions (DPP), Advocate Halefang Motinyane. His legal team argues that only the DPP has authority under Section 99(3) of the Constitution to authorize prosecutions. Without such authority, they claim the charges are void.

Advocate Lesenyeho insists that Crown Prosecutor Lehlanako Mofilikoane had no legal right to proceed in the DPP’s absence and criticizes Magistrate Itumeleng Letsika for failing to refer the constitutional questions to the High Court, as required by Sections 22(3) and 128 of the Constitution.

“The magistrate acknowledged that constitutional matters were raised, yet still chose not to refer them,” the appeal reads. “This refusal rendered the entire remand process unlawful and without jurisdiction.”

Bail Plea Highlights Family Struggles and Political Duties

In his separate bail application, Lipholo underscores his dual role as a Member of Parliament and advocate for land reclamation from South Africa, a cause he refers to as a legitimate political struggle. He also points to his family’s dependency on him. As a father of five with an infant child and an unemployed wife, he argues that his continued detention brings undue hardship.

He proposes M5,000 bail, along with strict conditions, monthly police check-ins, attendance at all court hearings, and a pledge not to interfere with investigations.

Dismissing claims that he poses a flight risk, Lipholo jokes that as someone from Qoaling living in a landlocked country, fleeing would be particularly ironic, “especially since the very country I’m fighting is the one surrounding me.”

Constitutional Questions Remain Unanswered

His legal team further argues that keeping him in custody undermines the sub judice principle and prejudices ongoing judicial processes. The High Court is expected to hear the bail application on Monday. The Crown had not yet submitted opposing papers at the time of writing.

Background

Lipholo was arrested at his home in his Qoaling home by a combined team of armed soldiers and police Special Operations Unit (SOU) officers. He spent two nights in detention at Police Headquarters before being formally remanded. His legal team now seeks not just his release, but the complete invalidation of the charges.

As the legal battle unfolds, broader constitutional questions emerge. The outcome could set an important precedent on prosecutorial legitimacy, judicial independence, and the protection of individual rights under Lesotho’s legal framework.

Summary

• Lipholo is challenging the legality of his remand based on the suspended status of the DPP

• He is seeking bail, citing family obligations and parliamentary responsibilities

• The High Court is expected to hear the matter Monday, with constitutional questions unresolved