Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane returned to work today after a bruising legal battle that culminated in a landmark Constitutional Court ruling. But her victory was quickly overshadowed by a disturbing development: the lock to her office had been tampered with, leaving her unable to gain access, this is according to sources close to the matter.
The unsettling incident comes less than 24 hours after the Constitutional Court ruled that Prime Minister Sam Matekane’s suspension of Advocate Motinyane was unconstitutional. The tampering raised questions about whether resistance still lingers within state institutions to comply with the judgment.
Court Rebuffs Prime Minister
On Thursday, the High Court sitting as the Constitutional Court delivered a judgment that struck at the heart of executive overreach. The bench ruled that the Prime Minister had no authority to suspend the DPP. By invoking allegations of misconduct without following the procedure set out in Section 141(7) of the Constitution, Matekane had acted outside the law.
The court went further, describing the cascading events that followed—her being locked out of her office, stripped of her security detail, and threatened with eviction from her residence—as consequences of an unlawful act. They were declared null and void.
In its final order, the court reinstated Advocate Motinyane with immediate effect, issuing a sharp reminder that constitutional limits are binding even on the highest office.
Law Society Reacts
Speaking to the Lesotho Tribune, Law Society President Advocate Lintle Tuke said his organisation would look into today’s incident.
“We’ll investigate and have all the facts to determine whether the Law Society has any role to play,” he noted.
It was the Law Society itself that mounted the constitutional challenge after the suspension was imposed on 24 June. Their legal victory now sets a precedent on the independence of prosecutorial authority in Lesotho.
Silence from Government
Lesotho Tribune attempted to reach Justice Minister Richard Ramoeletsi for comment, but his phone went unanswered. The Ministry has not issued any statement regarding the tampering of Advocate Motinyane’s office or on how the ruling will be implemented in practice.
A Serious Political Blow
The ruling represents one of the most serious judicial reversals for Prime Minister Matekane since assuming office. What began as a move to discipline the DPP has now been struck down as unconstitutional, exposing the government to accusations of undermining the rule of law.
Lesotho Tribune reached out to Advocate Motinyane but our questions remain unanswered at the time of publication of this article.
