MASERU-The High Court is expected to receive a progress report on February 23, 2026, regarding preparations for the hearing of a corruption case involving the current Member of Parliament for Matlakeng Constituency, Dr. Mahali Phamotse. She is jointly charged with ’Mapaseka Kolotsane and Ratšiu Majara.
The matter is before the High Court under Justice Molefi Makara. In November last year, the court ruled that the case was not yet ready to proceed to trial and could not be allocated a hearing date. This decision followed submissions by both the prosecution and the defence that key pre-trial requirements had not been completed.
At the centre of the delay is the issue of full discovery of documents. Discovery is a crucial stage in criminal proceedings, as it allows the defence to access all documents and evidence that the prosecution intends to rely on during trial. The court was informed that this process had not been fully concluded.
The defence teams for the accused persons told the court that the prosecution had not yet furnished them with all the documents required to properly prepare their case. They further indicated that some of the documents that were provided were either unclear or illegible, making them unusable for effective preparation. As a result, the defence requested that these documents be replaced with clear and readable copies.
Justice Makara agreed that proceeding to trial without full and proper disclosure of documents would be unfair and could prejudice the accused persons. He therefore ruled that the matter could not move forward until the outstanding issues had been resolved.
Another important issue discussed during the November appearance was the status of the Pre-Trial Conference. A Pre-Trial Conference is a formal meeting held before the trial begins, where parties clarify issues, agree on certain facts, and narrow down the matters that will be contested during the trial. This process is meant to ensure that trials run smoothly and without unnecessary delays.
The court directed that the Pre-Trial Conference be revisited. This decision was influenced by the fact that Advocate Shaun Abrahams, who had initially been assigned to prosecute the matter, no longer holds a brief in the case. His withdrawal meant that certain procedural steps needed to be reconsidered and, where necessary, repeated under the guidance of the current prosecutor.
The prosecution is now being led by Advocate Peleha Joala. The court expects that by the next appearance, the prosecution and defence will have addressed all pending pre-trial matters, including full discovery and the proper conduct of a Pre-Trial Conference.
The update scheduled for February 23 is therefore significant. It will allow the court to assess whether sufficient progress has been made to ensure that the matter is finally ready for trial. If the court is satisfied that all requirements have been met, it is expected that a hearing date will then be set.
Dr. Phamotse and her co-accused are facing serious allegations linked to a government tender issued in 2015. At the time of the alleged offences, Dr. Phamotse was serving as the Minister of Education and Training.
According to the prosecution, the accused persons unlawfully influenced the awarding of a High Schools Textbooks Tender to two companies, Epic Printers and Molumeli (Pty) Ltd. The tender related to the development, printing, supply, and delivery of textbooks and teachers’ guides for Grade 5 under the national curriculum.
It is alleged that Dr. Phamotse abused her authority as minister by improperly influencing the tender process. The prosecution claims that she took undue advantage of her position to ensure that the tender was awarded to the named companies.
One of the key allegations is that the tender bid document was unlawfully amended. The prosecution alleges that changes were made to the required years of experience stipulated in the tender, allegedly to favour specific bidders. These amendments are said to have undermined the fairness and transparency of the procurement process.
The state contends that such actions, if proven, would amount to corruption and abuse of office, as public officials are required by law to act in the best interests of the state and follow established procurement procedures.
Dr. Phamotse and her co-accused have denied the allegations. Their legal representatives maintain that their clients are innocent and will contest the charges when the matter eventually goes to trial. They have also insisted on full disclosure of all evidence to ensure a fair trial.
Corruption cases involving senior public officials often attract significant public attention, particularly where large government tenders and public funds are involved. This case is no exception, as it touches on the education sector and the procurement of learning materials for schools.
The court has emphasized the importance of ensuring that all legal procedures are properly followed before the trial begins. Justice Makara has repeatedly stressed that while the court is keen to see matters finalized without unnecessary delay, this cannot be done at the expense of fairness and due process.
As the February 23 date approaches, all eyes will be on whether the prosecution has completed its outstanding obligations and whether the defence is satisfied that it has received all necessary information. The outcome of the progress update will determine the next steps in a case that has already experienced delays but remains of high public interest.
If a hearing date is eventually set, the trial is expected to shed light on how the tender was awarded and whether any laws were broken in the process. Until then, the matter remains in the pre-trial stage, with the court awaiting confirmation that it is finally ready to proceed.
