MASERU
The much-anticipated ruling on an application for the discharge of five members of the Lesotho Defence Force (LDF) accused of killing three men in Mafeteng in 2012 has been postponed after the High Court revealed that the necessary court records are still incomplete.
Presiding over the matter this week, Justice Polo Banyane informed the court that the ruling, originally scheduled for delivery on August 11, was not ready due to delays in the transcription of trial proceedings. The judge noted that she had reserved judgment in the hope that the full record would have been transcribed and compiled in time for her deliberations.
However, she was informed last week that the transcription work was less than halfway complete.
“It is not possible to proceed without the complete record of proceedings,” Justice Banyane said, underscoring the importance of a fully compiled transcription delivering a reasoned and accurate judgment.
As a result, the court postponed the matter to September 23, 2025, expressing optimism that the record will be finalised by August 29, 2025, giving the bench sufficient time to prepare and deliver the long-awaited ruling.
The five accused army members face allegations of involvement in the fatal shooting of three men in Mafeteng in 2012. The case has been marred by lengthy delays over the years, with proceedings slowed by procedural challenges, legal arguments and the practical difficulties of managing high-profile military trials in Lesotho’s justice system.
The current stage of proceedings involves an application for discharge brought in terms of Section 175 of the Criminal Procedure and Evidence Act, which allows an accused to be acquitted if, at the close of the prosecution’s case, the evidence is deemed insufficient to justify a conviction.
If granted, the discharge would effectively bring the trial to an abrupt end for the five soldiers, sparing them from having to mount a defence. However, if denied, the case would proceed to the next stage, with the accused called upon to testify or present their version of events.
Court records and transcriptions are central to the judicial process, especially in criminal cases where the stakes are high and the facts heavily contested. Legal experts note that a judge must have a complete and accurate record to assess the credibility of witnesses, review the flow of the trial, and evaluate the legal arguments presented.
For the families of the three men killed, as well as the accused soldiers, the postponement adds another chapter of waiting to an already protracted legal battle. All eyes will now be on the August 29 deadline for record completion, as it will determine whether the ruling will finally be delivered in September or pushed even further into the future.
