. . . bail hearing application to proceed 

Moorosi Tsiane 

INCARCERATED Basotho Covenant Movement (BCM) leader, Reverend Tšepo Lipholo, was thrown a lifeline on Friday when Justice Fumane Khabo granted his application to proceed with a bail hearing tomorrow (Monday). 

Dr Lipholo, facing charges of sedition, treason, human trafficking, and disrespecting the Royal Family, had applied for bail through his legal team.  

The matter was initially set for hearing on Tuesday, but when proceedings resumed, Crown counsel Advocate Tsebiso Fuma, raised points in law, arguing that the bail application had been improperly filed.  

It was lodged as a bail pending appeal rather than an ordinary bail application. 

Citing the 2018 case of Thabo Moshaobathe Motsamai and Another vs DPP, Adv Fuma explained that High Court rules require bail petitions to be addressed to the Chief Justice or other judges, signed by the applicant’s lawyer, and accompanied only by a copy of the warrant of commitment or charge sheet.  

Since Dr Lipholo was challenging remand proceedings from the Magistrate’s Court, any “bail pending appeal” should have been filed there, not in the High Court. 

“When he combines them, he makes it difficult for us to know what factors to address; those applicable to bail pending appeal, or those for ordinary bail,” Adv Fuma said. 

Adv Rantšiuoa Lesenyeho, representing Dr Lipholo, conceded filing a further affidavit without the court’s permission, explaining that they had been “pressed into a corner” after the prosecution added the treason charge the day before the hearing. 

“This new charge doesn’t change our position on bail, but the court had to be informed of the development. It would have been misleading to proceed as if the new charge didn’t exist,” Adv Lesenyeho said, accusing the prosecution of deliberately delaying the addition of the charge to force the defence to adjust submissions in the last minute. 

Justice Khabo questioned whether the additional submissions did not breach procedure, but Adv Lesenyeho insisted they did not, arguing that the changes were necessary to avoid granting bail based on charges overtaken by the new development. 

In his Friday ruling, Justice Khabo said: “The court wishes to point out that Adv (Tebalo) Putsoane (Lipholo’s other lawyer) indicated at the outset that the petitioner is represented by four advocates, namely: Advocates Lesenyeho, (Borenahabokhethe) Sekonyela, (Fusi) Sehapi, and himself; hence they keep interchanging”.  

“Advocate Putsoane ultimately implored this court to consider substance over form. Bail pending appeal is a legal concept that presupposes that the accused has been convicted and sentenced, and, as Advocate Fuma indicated, it has principles that must be met. 

“As it is, the petitioner did not apply for ordinary bail for reasons best known to the Petitioner’s Counsel. It was, however, brought to the Court’s attention that the accused has not yet been convicted.” 

In the interest of justice, Justice Khabo condoned the error by Dr Lipholo’s lawyers, ruling that the bail hearing would proceed tomorrow (Monday, 18 August 2025). 

“In conclusion, noting that the accused has not been convicted, the court condones the misconstruction by the petitioner of the concept of bail pending appeal. In the interest of justice, it considers the petition to be an application for ordinary bail. 

“In the result, the supplementary affidavit is expunged from the record of proceedings, and the matter is to proceed on the merits of the bail petition unless the petitioner decides to amend the petition to include the new charge if he feels it will make a difference to his petition, and costs shall be in the court.” 

According to the charge sheet, Dr Lipholo allegedly conspired with seven others in a treasonous plan to overthrow the government. 

“Upon or about the period beginning April 2025 to June 2025, at or near Qoaling in the district of Maseru, the said accused (Lipholo) did unlawfully and intentionally, acting in concert and furtherance of a common purpose with the following: Rev Matsora, Mpiti Thamae, Mathapelo Motsamai, Morero Sekere, Kenneth Matee, Obed Makhatseane, and Mohalo Moletsane, while owing allegiance to the Kingdom of Lesotho, as a citizen or bearer of the Lesotho passport and with the intention of overthrowing or coercing to overthrow the government of Lesotho, do the overt acts, the particulars whereof are as follows: formed a team to Mohale’s Hoek, Taung, where they attended meetings with the residents and their chiefs, wherein the said accused was unlawfully and intentionally soliciting their support to have himself declared as the king of the territory in South Africa which was prior to 4 October 1966, comprised in the former colony of Basutoland.” 

They are also accused of recruiting young Basotho males aged between 18 and 35 in different districts, including Mokhotlong, to train them in preparation for the forceful reclamation of land from South Africa.  

The group allegedly also prepared a military budget for training to be held in South Africa. 

“The said accused, while at Qoaling, did communicate or attempt to communicate by letters, which the Crown has in its possession, with the USA President, the President of Israel, and the ambassador of Israel to Washington with the intention of requesting military assistance.”