Suspension of Lesotho’s DPP Sparks Constitutional Showdown Over Rule of Law

The suspension of Lesotho’s Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, by Prime Minister Sam Matekane has ignited a fierce legal and constitutional battle that could reshape the boundaries of executive power in the country. The Constitutional Court heard this week that the 24 June 2025 suspension was an unconstitutional act that threatens to erode judicial independence and the rule of law.

Prominent constitutional lawyer, Advocate Karabo Mohau KC, representing the Law Society of Lesotho (LSL), argued that the Prime Minister’s action was a direct violation of Section 141(7) of the Constitution, which places disciplinary authority over the DPP solely with the Public Service Commission (PSC).

“This is a case where the applicant says the Director of Public Prosecutions, whose office is established and protected by the Constitution, has been interfered with,” Adv Mohau told the court, warning that if the suspension is allowed to stand, “we invite lawlessness and the collapse of the rule of law.”

The urgency of the matter was underscored before Justice Tšeliso Mokoko, who ordered that the case be mentioned on 4 August 2025. He also directed the parties to file their arguments ahead of that date. According to the court schedule, the Law Society will file its heads of argument by 25 July, with the respondents submitting their answering papers by 30 July. A reply by the applicant is due on or before 4 August.

Adv Mohau raised critical concerns about the suspension’s impact on ongoing prosecutions and the risk of a legal vacuum.

“How are the prosecutions of this country going to be conducted? Who is going to sign indictments? Are we not creating a crisis where this court will later have to deal with people prosecuted by someone with no legal authority?” he questioned.

The Law Society is seeking an urgent nullification of the suspension, arguing that it is not only procedurally flawed but also poses a serious risk to judicial independence and the integrity of Lesotho’s justice system.

Appearing for the respondents—Prime Minister Matekane, the PSC, and Attorney General Adv Rapelang Motsieloa KC—Advocates Thomas Thakalekoala and Sesinyi Pule did not object to the urgency of the matter.

While the case unfolds in court, Adv Motinyane remains effectively barred from her duties. Despite receiving her suspension letter on 30 June and submitting a response the same day, she was locked out of her office on 1 July, discovering that the locks had been changed and her security detail withdrawn.

The Law Society described these actions as “malicious and unlawful,” arguing they were designed to prevent the DPP from executing her constitutionally mandated responsibilities.

On 1 July, the Society wrote to the Prime Minister demanding an immediate reversal of the suspension and cautioning against undermining Constitutional Case No. 0008/2024 — a separate case filed by Adv Motinyane herself, challenging the legality of an attempted impeachment process.

Further attempts at mediation also proved unsuccessful. On 2 July, the Law Society met with Attorney General Adv Motsieloa and the Minister of Law and Justice, Richard Ramoeletsi. However, the talks ended in a stalemate, with the government maintaining its decision to uphold the suspension.

As the 4 August court date approaches, the nation waits to see whether the judiciary will intervene to reverse what the Law Society has called a dangerous precedent for Lesotho’s constitutional democracy. For Adv Motinyane, the upcoming ruling could determine not just her personal fate, but also the future integrity of the country’s prosecutorial and judicial systems.