Thabane seeks immunity in murder case
Publish date: 24 February 2020
Issue Number: 861
Diary: IBA Legalbrief Africa
Category: Lesotho
‘I have served my country diligently. I’ve worked for a peaceful and stable Lesotho. Today, at my age, I have lost most of my energy. I hereby retire as Prime Minister with effect from the end of July.’ – Prime Minister Thomas Thabane
Prime Minister Thomas Thabane appeared in a Maseru court this morning to hear charges of murdering his estranged wife. Legalbrief reports that the mountainous kingdom – one of only three independent states completely surrounded by another country – has been wracked by the extraordinary crime which was committed two days before he took office in 2017. Lawyers representing the embattled premier said their client cannot be charged with the murder because his position makes him immune from prosecution. Thabane's then-wife, Lipolelo Thabane, was shot dead in 2017. The couple were embroiled in bitter divorce proceedings at the time. BBC News reports that the case has now been referred to the High Court. His current wife, Maesaiah, has already been charged with the murder. ‘My client cannot be prosecuted while in office, but he is not above the law,’ said defence lawyer Qhalehang Letsika . He argued that the Constitutional Court should rule on Thabane's immunity while he remains in office. However, the presiding magistrate referred the case to the High Court. the prosecution proceeds, Thabane would be the first African leader to be charged with domestic murder while in office.
Thabane had travelled to SA to receive medical treatment on the eve of his first appearance on Friday. He is accused of having acted in 'common purpose' in the June 2017 killing of 58-year-old Lipolelo, whom he was divorcing. Deputy Police Commissioner Palesa Mokete said Thabane's lawyers had submitted a 'sick leave note' claiming the Premier would be 'unfit' until Thursday. 'While we admit that is quite coincidental, we shall have our own means to ascertain this state of affairs,' Mokete is quoted as saying. A report on the News24 site notes that the accusations against the embattled leader came after communications records from the scene of the murder included Thabane's mobile phone number.
Thabane last week said he would step down on 31 July. However, his All Basotho Convention party says Parliament would be meeting this week to address 'the finishing touches'. City Press reports that Motlalentoa Letsosa, deputy leader of the Democratic Congress opposition, called on Thabane to step down with immediate effect. He said the nation did not want to be led by a Prime Minister who was a murder suspect. The tiny country has a history of coups and political instability. There are concerns that a power vacuum could arise unless the ABC can agree on a successor, and analysts expect a general election will have to be called soon.
Maesaiah's murder trial is set to start next month, a court official has confirmed. Maesaiah, who denies the charges and is out on bail, appeared in a Maseru court two weeks ago where the trial date was set for 17 March. Al Jazeera reports that police claim Maesaiah hired assassins to kill Lipolelo and was not actually present at the crime scene. Lipolelo had reportedly refused to grant her husband a divorce after he started a relationship with Maesaiah. Police Commissioner Holomo Molibeli told Al Jazeera that the Prime Minister ordered that he be sacked for pursuing the investigation. A court later ruled that his job be protected. 'We were facing some difficulties in that people were not ready to talk or give us information or evidence, but of late people are coming in droves to give us intelligence,' Molibeli said.
Lipolelo’s friend, Thato Sibolla, who survived the shooting, has spoken to the Lesotho Times from SA where she now lives. ‘Everything happened in a flash. Memories of that day are still very vivid in my mind as I stared death in the face,’ she said. ‘Every day I take a careful look at my scars and I know I am lucky to be alive. I will take my scars with me to the grave and they will remain a constant reminder of what I have been through.’ She received 16 stiches from a bullet wound in her stomach and is now living in fear after Thabane was granted bail. ‘The pain of betrayal by the justice system is that it doesn't only break your heart, but is also darkens your soul. I am traumatised and no counsellor can help me pick up the pieces and make me whole again,’ she added.
