Prime Minister Sam Matekane has suffered a serious judicial reversal after the High Court, sitting as the Constitutional Court, declared that his decision to suspend Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane was unconstitutional.
The constitutional challenge was instituted by the Law Society of Lesotho following the suspension on 24 June. The Prime Minister had purported to remove Advocate Motinyane from office on allegations of misconduct. The court held that the Prime Minister acted outside the scope of his constitutional authority. In particular, the bench ruled that the decision contravened Section 141(7) of the Constitution, which outlines the procedure for disciplining and removing a Director of Public Prosecutions.
The suspension set in motion a series of events. Advocate Motinyane was denied access to her office, her security detail was withdrawn, and she was threatened with removal from her official residence. The court described these actions as flowing directly from an unlawful act and therefore null and void.
In its final order, the court ruled that Advocate Motinyane is reinstated with immediate effect. The judgment constitutes a material setback for the Prime Minister and serves as a cautionary reminder that executive authority is circumscribed by the Constitution.
This is a developing story.
