…accused of unilaterally splurging M685K on entertainment
Moorosi Tsiane
RENOWNED lawyer, Advocate Fusi Sehapi, has taken the Law Society of Lesotho’s Executive Committee to court, accusing it of embezzling members’ funds and violating the Society’s founding laws.
In court papers filed on Thursday, Adv Sehapi alleges that the Executive Committee misused members’ subscription fees by spending nearly M700,000 on entertainment, accommodation, and other lavish expenses, without proper explanation or accountability.
Adv Sehapi is joined in the lawsuit by Kamohelo Khoboko and Tebalo Potsane, who were allegedly excluded from contesting in recent Law Society elections.
The Law Society itself, the Law Society Council, President Adv Lintle Tuke, Secretary General Ithabeleng Phamotse, Molemo Jae, Vice President Mokhoro Makara, Koena Matlali, Makhaola Thienyane, Rasekoai Thoahlane, Treasurer Rethabile Setlojoane, and David Putsoane are cited as the first to 11th respondents.
Adv Sehapi and others are challenging the legitimacy of the 25 July 2025 re-election of the Adv Tuke and others as the Law Society Council.
“I will demonstrate that, as per the financial statements presented during the meeting held on 25 July 2025, the Council committed several financial irregularities by spending members’ funds on entertainment, lodging, and bedding.
“For instance, the cost of entertainment – never explained to members – amounted to M195,778. The cost of accommodation, meetings, and lodging was a staggering M490,255.
“Incidentally, they never held a single meeting of members during the financial year ending 31 March 2025, except the annual general meeting, which was held in 2024,” claims Adv Sehapi.
He further alleges that the outgoing Council misled members by claiming that the financial statements had been audited yet failed to account for several dubious transactions.
“The finance officer spent a lot of time giving estimates instead of providing clear answers to members’ concerns. They failed to account for the fidelity funds and never disclosed the auditor’s opinion confirming that those funds were properly kept or not misused, despite being held in trust.
“We strongly suspect they cannot justify this reckless expenditure of members’ subscriptions on entertainment, ‘meetings’, accommodation, and meals.”
Adv Sehapi also accuses the outgoing Council, led by Adv Tuke, of deliberately excluding certain members from contesting the elections to conceal alleged misconduct.
He now seeks a court order declaring the annual general meeting (AGM) held on 25 July 2025 null and void, arguing that it contravened key provisions of the Law Society Act.
“The outgoing Council held the AGM at Mahlakapese Lodge, Hlotse 300 in the district of Leribe – this was in clear violation of Section 10(2) of the Law Society Act, which stipulates that such meetings should be held in Maseru,” he says.
He further claims the meeting lacked a quorum and that the Council failed to verify attendance.
“They simply read out names without indicating who among them were practising or non-practising members. From my assessment, the practising members present did not form a quorum, as they did not meet the required 40 percent threshold of all practising members.”
According to Adv Sehapi, all resolutions passed at that meeting are therefore invalid.
“The meeting also violated Rule 9(1) of the Law Society Rules of 2012, which requires that the AGM be held between 1 April and 30 June each year. The 25 July 2025 meeting clearly breached this rule.”
He also lambasts the conduct of Chairperson Adv Tuke during the meeting, accusing him of ignoring members’ concerns and refusing to allow voting on contentious issues.
“We raised the timing of the meeting as a violation, but the Outgoing Council ignored us. We asked for the matter to be put to a vote since members were divided, but Mr Tuke arrogantly insisted he would make the final decision.
“He ‘ruled’ that the meeting had been properly convened and even told members that if anyone had issues, ‘there is a green Court next door’ – which I took to mean (he was referring to) the Northern Division of the High Court. When members tried to raise points of order, he simply ignored them and carried on as usual,” Adv Sehapi argues.
He accuses the Council of systematically violating rules for self-preservation, including allowing non-practising members to run for office and vote, both of which are prohibited.
“Members such as Adv Jae and Adv Matlali contested the elections despite being non-practising members, which is a direct violation of Section 7(8) of the Act. They were also allowed to vote on matters requiring the input of practising members only.”
Adv Sehapi insists that his own attempt to be nominated was legal and timely but was deliberately rejected.
“I submitted my request 24 days before the AGM. That was not only a legitimate request but one that was clearly within the legal timeframe, which allows nominations up to seven days before the meeting. They ignored this requirement altogether.”
He argues that the Council sought to frustrate potential challengers in order to hide their suspected misdeeds.
“We believe the Executive Committee deliberately designed a strategy to block other members from contesting Council positions to avoid exposure of their misconduct. We seriously doubt they can justify this gross misuse of members’ subscriptions.”
Adv Sehapi and his co-applicants now want the court to declare the AGM, its resolutions, and the election of the new Council null and void.
He is also asking the court to compel the Council to call for fresh elections to be held in Maseru, preferably within the High Court premises.
The respondents are yet to react to Advocates Sehapi, Khoboko and Potsane’s application and the matter will be before court tomorrow (Monday).