Anxious wait for Metsing, Mochoboroane

MASERU-FORMER deputy prime minister Mothetjoa Metsing and Minister Selibe Mochoboroane are facing an anxious wait over their treason charges after the High Court reserved judgment on Tuesday.
The two are challenging the validity of the charges.

A coram of three judges made up of Acting Chief Justice ’Maseforo Mahase, Justice Molefi Makara and Justice Semapo Peete said the judgment will be delivered in the next three weeks.
If the court rules that the Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane can proceed and charge the two of treason, Metsing and Mochoboroane could be remanded in custody.

There is no bail provision for treason and high treason suspects except if they bring up exceptional circumstances warranting the court to remand them outside.
Their co-accused Lieutenant General Tlali Kamoli has been languishing in remand prison since 2017 after he failed to convince the court that he deserved bail.

The crown accuses the three of attempting to overthrow the government which was then led by Thomas Thabane on the night of August 30, 2014.
The army, which was then under the leadership of Lt Gen Kamoli, raided the police headquarters and the State House in what the government claimed was an attempted coup.

Thabane escaped and fled into exile in South Africa.
During the army raid, all radio stations were cut off air.
Mochoboroane was Communications Minister while his then leader Metsing waged a brutal resistance against Thabane.
Mochoboroane is being accused of shutting down the radio stations to aid the coup.

The two however deny the charges that they wanted to topple the government.
Metsing and Mochoboroane argue that they should not be charged until after the national reforms of the judiciary, parliament, politics, security and public service.

They argue that Clause 10 of the Memorandum of Agreement which was signed between the government and all political parties, and endorsed by the SADC envoy Justice Dikgang Moseneke, stipulates that they should not be prosecuted until the reforms have been completed.

However, that agreement was successfully challenged in the Constitutional Court by relatives of people who were killed by the army when Metsing and Mochoboroane were in government.

The court declared the clause unconstitutional.
Metsing and Mochoboroane however argue that the court should review and set aside the judgment because they were not joined in the case despite their being interested parties.
Judgment in that case is expected to be delivered in the next three weeks.

Itumeleng Khoete