MASERU
Magistrate Thamae Thamae has officially recused himself from presiding over the case involving the Basotho Covenant Movement (BCM) leader, Dr Tšepo Lipholo.
The decision was made after a failed attempt by the Crown to have him removed on grounds of an alleged family connection to one of the co-suspects, Mpiti Thamae.
Delivering his ruling before a tense courtroom, Magistrate Thamae stated that although the Crown sought to establish a familial link between him and the co-suspect, it failed dismally to prove this beyond a reasonable doubt.
“The Crown did not present conclusive evidence that I am related to Mpiti Thamae,” he said.
“However, in the interest of justice and to avoid unnecessary delays, I find it appropriate to recuse myself from this matter.”
The magistrate’s decision means the case will now be referred back to the court registry for reallocation to another judicial officer. New hearing dates will therefore be announced once the matter has been reassigned.
The Crown’s application for recusal had been based on two testimonies from investigating officers who alleged that Magistrate Thamae and Mpiti Thamae shared clan ties and hailed from the same area in Mazenod.
One officer even referenced an old traffic incident involving the magistrate, suggesting that Mpiti Thamae had interfered in the matter. But under cross-examination, the evidence was found to be largely circumstantial and inconsistent, leading to the Crown’s case collapsing on that point.
Despite finding no substantial reason to withdraw, Magistrate Thamae opted to step aside voluntarily.
“Justice must not only be done but must also be seen to be done,” he remarked, citing his concern that continued involvement could invite perceptions of bias that might overshadow the case itself.
Dr Lipholo faces serious charges including sedition, incitement, contempt of court and treason. The Crown alleges that between April and June 2025, he conspired with several others, among them Mpiti Thamae and Obed Makhatšeane, to recruit young men for military training, mobilise resources and solicit foreign backing for what prosecutors call “a planned uprising against the state.”
According to court documents, the alleged conspiracy aimed to destabilise the Kingdom of Lesotho and ultimately advocate for its annexation into South Africa, claims that Dr Lipholo has firmly denied.
Earlier this year, the BCM leader applied for bail, arguing that his prolonged detention exceeded the 60-day limit under the Speedy Courts Trial Act.
The Crown opposed his application, maintaining that he posed a flight risk and that releasing him would jeopardise public order. His bail application was subsequently denied, keeping him in remand at the Maseru Central Correctional Institution.
For now, Dr Lipholo remains behind bars, his fate once again placed in limbo as the judicial process resets. His supporters continue to demand a fair and transparent trial, while government officials insist that justice will be served in accordance with the law.
As the case returns to the registry for reassignment, one thing is certain; the eyes of the nation remain fixed on the courtroom drama surrounding Dr Tšepo Lipholo.
His trial, now suspended pending new judicial allocation, continues to symbolise a broader test of Lesotho’s justice system, where questions of fairness, impartiality and political tension hang heavily in the balance.
