MASERU-MASERU’S senior resident magistrate, Phethise Motanyane, was this week grilled by the police over his controversial decision to grant bail to First Lady ’Maesaiah Thabane last month.
The police move to quiz Motanyane has however incensed his colleagues in the magistracy.
The Chief Magistrate ’Matankiso Nthunya and the Judicial Officers Association of Lesotho (JOALE) have now asked Acting Chief Justice ’Maseforo Mahase to intervene.
The police, through its Deputy Commissioner Paseka Mokete, accused magistrate Motanyane of abusing his power when he released the First Lady under ‘dubious circumstances’.
The police’s concern was that the First Lady was released well after working hours.
Magistrate Motanyane was on call and had to read the bail conditions for ’Maesaiah so that she could be released from the correctional facility.
The police’s other concern was that the bail payment receipt showed that the First Lady paid the required amount on the following day, meaning she was released even before she could pay.
JOALE’s secretary general, Magistrate Masupha Kao, told thepost that they did not like the way DCP Mokete had dealt with Magistrate Motanyane’s issue.
He said after they were informed that Magistrate Motanyane had been summoned by the police, they had to take action as that could set a precedent for the “police to just easily arrest people without investigating”.
He said according Section 21 of the Penal Code 2010, a magistrate on duty cannot be accused of any criminal offence over the decision or judgment he made in court.
“This does not mean a magistrate cannot be arrested and be accused, he can still be accused if he commits a crime somewhere else,” he said.
He said from the onset DCP Mokete was not satisfied with the granting of bail for the First Lady, “so he is trying everything he can to arrest everyone who put a hand on that bail application”.
“Despite the reasons Magistrate Motanyane gave him while being interrogated, he still accused him,” he said.
“He seriously took us for granted.”
According to Magistrate Kao, Motanyane told the police that he was called from home by the court’s clerk to assist, saying the correctional officers were waiting for him at court to read the bail conditions as the First Lady was being released.
“Since he was the only magistrate who stayed near the magistrate’s court, it was not far for him to go and perform his duty,” he said.
He explained that every magistrate, particularly from the positions of Senior Residents upwards, are on call 24/7, “so magistrate Motanyane was the nearest of them all to be the one on call”.
Magistrate Kao said what made them concerned was that Motanyane was grilled by more than seven police officers including DCP Mokete simultaneously.
“This did not only affect Magistrate Monyane but all of us magistrates because DCP Mokete took one of us in a very cheap way,” he said.
He said Motanyane told the police he received a note from the assistant registrar of the Acting Chief Justice that the bail was granted but the finance offices were closed so the money was given to him in cash, which he kept in his drawer.
He said he duly transferred the money the following day.
“I do not see any offence he committed for reading the conditions to the accused. It was not the first time that a magistrate had worked after hours, I too do it so what was surprising about this one?”
He said the Chief Magistrate together with JOALE President went to the Acting Chief Justice Mahase to call a meeting with DCP Mokete to discuss these issues.
“For a person to be arrested there has to be an investigation so that there is a case, not just to jump on someone anytime and accuse him,” Magistrate Kao said.
Itumeleng Khoete