…accuses her of abuse of power, political vendetta
Moorosi Tsiane
DEPUTY Commissioner of Police (DCP) Sera DCP Makharilele is challenging the criminal charges levelled against him, accusing Director of Public Prosecutions (DPP) Hlalefang Motinyane of abusing her powers in a calculated act of revenge.
DCP Makharilele faces three counts of defeating or interfering with the course of justice. The charges stem from allegations that he provided misleading information to forensic auditors probing a massive M32 million fraud case at Lerotholi Polytechnic.
He appeared before Magistrate ’Mamorojele Qoo on 27 May 2025, but his arraignment was deferred after he raised a legal objection regarding the validity of the charges.
Magistrate Qoo stayed the arraignment to allow DCP Makharilele’s lawyer, Advocate Motiea Teele KC, to argue why the top cop cannot be charged.
In an affidavit filed with the Maseru Magistrate’s Court, DCP Makharilele claims the charges are not only baseless but are also an attempt by the DPP to punish him for previously investigating her at the behest of former Police Commissioner Holomo Molibeli.
DCP Makharilele reveals that before the charges were brought against him, he had written to current Commissioner of Police, Borotho Matsoso, to inform him that he had previously been tasked by former Commissioner Molibeli to investigate DPP Motinyane’s alleged misconduct.
“The Commissioner of Police (Molibeli) assigned me a duty to investigate certain complaints from the police, members of the public, lawyers and others about the conduct of the DPP especially as it impacted the progress of criminal cases. I duly did so and gathered damning information against the DPP, which I am not presently at liberty to divulge,” DCP Makharilele says.
DCP Makharilele said despite writing to Commissioner Matsoso, his email went unanswered. Then, on 9 May 2025, the Commissioner reportedly informed him that the DPP wanted him to appear in court for remand on 12 May 2025.
“I pleaded with the Commissioner to allow me some time to consult with my lawyers, but he told me that the instructions of the DPP were that I had to appear on the 12th May 2025. “
“He also informed me that the case had, according to information he got from the DPP, been handed to a private lawyer, Mr (Tekane) Maqakachane (who is representing DPP Motinyane in the impeachment case), to prosecute.”
He argued that this sequence of events clearly illustrates the DPP’s use of state resources to pursue personal vendettas.
DCP Makharilele also links the current charges against him to the ongoing constitutional case surrounding DPP Motinyane’s fitness to stay in office.
“It is now common knowledge that the Prime Minister has written to the DPP requiring her to show cause why the issue of her removal from office may not be investigated in terms of Section 141 of the Constitution of Lesotho.
“I confirm that I have contributed to the investigation of some of the charges that the DPP has to face at the tribunal under Section 141. I confirm that the investigations into most of the facts alleged by the Prime Minister against the DPP have been investigated by the team I led and that they have a solid basis and proof should the impeachment proceed.
“I thereafter learned from sources I cannot disclose for fear that the DPP would victimise them, that she had been heard swearing that she would destroy me for the role I played in investigating her in relation to her anticipated impeachment.
“The conduct of the DPP instituting these baseless charges against me has confirmed the information of her intended reprisal. I verily aver that the charges that have been brought against me are an abuse of power, and an abuse of court process.”
DCP Makharilele also strongly challenges the legitimacy of the investigations that were conducted by DCP Lebajoa and Inspector Kikine against him, alleging both officers were biased and had personal interests in the matter.
“It is my considered view that investigations purportedly conducted by both DCP Lebajoa and Inspector Kikine, who were assigned by the Commissioner Matsoso to investigate allegations against me that led to the present charges, were unfair and irrational.
“These two police officers have reason to be parties and biased against me. When the purported investigation started against me led by DCP Lebajoa, I wrote an email to the Commissioner of Police (Matsoso) in which I protested that these investigators were being unprofessional and unfair towards me. In the email, I requested the Commissioner of Police to consider appointing an independent body to investigate the case.”
DCP Makharilele claims a bank employee told him he had been coerced by the same investigators to incriminate him. Yet his request for independent investigators was ignored.
“The fact that the Commissioner of Police ignored my reasonable request for a change of investigators when he knows, or ought to know, that investigators have to be fair, impartial, transparent and unaffected by bias demonstrates the unfairness that the LMPS as an institution is perpetrating against me.
“My request was not that I should not be investigated but that I should be investigated by fair and independent people. That was not too much to ask where both my reputation and personal liberty are at stake.”
According to the charge sheet, DCP Makharilele, who at the time was head of the police Commercial Crimes Counter Unit, is accused of fabricating reports and submitting false claims to interfere with the course of justice.
In one instance dated 29 September 2017, he is alleged to have instructed Police Constable Mohasoa to record a false report in both the police Occurrence Book (OB) and the R.C.I. registers, claiming that Standard Lesotho Bank had reported a fraud case.
Another charge relates to 27 October 2017 when he allegedly repeated the same conduct, this time involving Nedbank Lesotho and its Security Manager, Moletsane Makhooane.
In the third count, dated 3 November 2017, he is accused of providing false information when requesting a forensic computer examination from Standard Lesotho Bank.
DCP Makharilele strongly refutes all the allegations, particularly the claim that he instructed PC Mohasoa to make false entries.
“First, an Occurrence Book is filled by an officer who has knowledge of the occurrence. It is not filled upon superior orders,” he stated. “Secondly, an Occurrence Book is not a register contemplated in Section 71 of the Penal Code. It is not a public document. It is intended for internal controls within the LMPS and not a public record.
“I am legally advised that Section 71 of the Penal Code deals with official records in respect of which the public has access. The charges are strange. Thirdly, I never ordered either officer to make any entries in the Occurrence Books. This is a pure lie. The fact that this lie is told speaks to the bias in the investigations and an attempt to victimise me.”
He further insists that the allegation that he fabricated a forensic report is completely false.
“I do not have any independent recollection of the other case, but allegations in relation to it too are false. Regarding the third count, it is equally baseless. I never asked for forensic examination and report based on any irrelevant, incorrect, wrong or untrue information.
“I was an investigator in that case and much progress had already been done, including a request for mutual assistance from South Africa. I was, however, transferred from the unit, and I later learned after my departure that the docket had either been misplaced or lost. I had no knowledge of its whereabouts or disappearance.
“There were cases that affected Standard Bank that we were investigating. We were short of funds, and I informed the Bank of this dilemma. They agreed to bring forensic experts at their own cost. These came to Lesotho. I requested that I should include the materials for the case at Lerotholi Polytechnic and include the CPU I seized for the experts to take it along for analysis.
“Standard Bank agreed, and I made a request for analysis, filled the declaration form for export purposes, and handed the same to the forensic team. I kept the request, which set out the description of the CPU in the docket, and the other copy I included in the sealed bag which went to South Africa. The docket was then misplaced or lost as I stated earlier in my absence.”
Adv Maqakachane, who is prosecuting on behalf of the Crown, and is also the legal representative of DPP Motinyane in the impeachment matter, is yet to file opposing court papers.