Moorosi Tsiane
THE murder trial of Democratic Congress (DC) Member of Parliament, Thabiso Lekitla, has been deferred to today due to his inability to pay for legal representation.
The trial, which was supposed to proceed this week, was postponed after Lekitla informed the court that his lawyer, Advocate (Adv) Lepeli Molapo, demanded between M150 000 and M200 000 for his defense – an amount Lekitla said he could not afford and was shocked to hear.
Lekitla, who represents the Mekaling constituency in parliament, is charged with the murder of Mopeli Rapholo, whom he allegedly shot dead in Lithabaneng, Maseru, on 5 December 2020.
On Monday, Adv Molapo informed the court of his intention to withdraw from the case, citing non-payment of legal fees. In response, Justice ‘Mabatšoeneng Hlaele, who is presiding over the trial in the High Court, instructed the Office of the Registrar to secure a pro deo (state-sponsored) lawyer for Lekitla so the trial could continue on Tuesday. However, Lekitla was later informed that he did not qualify for a free lawyer, as it was determined that he could afford to pay his own legal fees.
When the court reconvened on Tuesday, Lekitla appeared without a lawyer. He explained to Justice Hlaele that he was still trying to resolve the issue with his previous legal team and requested a further postponement.
“No, My Lady, I do not have legal representation at this time. Yesterday, I was unable to get assistance from Assistant Registrar Tebello Mokhoema regarding a pro deo lawyer. However, I appreciate the court’s efforts to help me,” Lekitla said.
“I tried to secure my legal representatives who have been handling the matter, but the fees they requested – between M150 000 and M200 000 – were more than I had anticipated. I have already paid over half of that amount, and I request until tomorrow to resolve the issue so that the trial can proceed on Thursday.”
Director of Public Prosecutions (DPP), Adv Hlalefang Motinyane, did not oppose Lekitla’s request for a postponement, agreeing that it was only fair to give him time to secure legal representation.
“This matter involves serious charges, including capital punishment. It is only fair to give the accused time to sort out his legal representation so that the trial can proceed without prejudice,” said DPP Motinyane.
Justice Hlaele granted the postponement, rescheduling the trial to continue today, with proceedings expected to run until 13 September 2024.
“The DPP was gracious enough not to oppose your request, and I also find it fair to grant the postponement. We have already lost three days of this trial. While I do not usually entertain postponements, I understand your situation. You do not qualify for a pro deo lawyer, so you must ensure that your legal affairs are in order so that we can proceed to finality. The trial will continue on Thursday and run until 13 September,” Justice Hlaele ruled.
On Monday, Justice Hlaele had expressed frustration with Adv Molapo when he requested a postponement due to non-payment of legal fees.
“This application should have been made 14 days before the trial started. Seeking a postponement because you have not been paid is not a sufficient reason. Last week, you filed your papers indicating you were ready to proceed, and now the wheels of justice should stop because your client decided not to pay? You should not involve the court in your personal business with your client,” Justice Hlaele stated.
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