Hopolang Mokhopi
IN a development that has sent shockwaves through?legal and political circles, the High Court has granted bail to former National Security Service (NSS) Director-General, Colonel Tumo Lekhooa, despite having absconded trials for seven years.
Critics?have?described?it as “bizarre”, arguing that Lekhooa had been a fugitive since 2017 while his co-accused stood trial in his absence and remain incarcerated at Maseru Central Correctional Institution. Lekhooa now faces a separate trial as those?other?proceedings near conclusion.
The charges stem from high-profile incidents, including the 25 June 2015 murder of former army commander Lieutenant General Maaparankoe Mahao, and the treason and murder of Police Sub-Inspector Mokheseng Ramahloko during the August 2014 attempted coup against then Prime Minister Thomas Thabane’s administration.
His co-accused include former army commander Tlali Kamoli and politicians Mothetjoa Metsing and Selibe Mochoboroane.
Lekhooa, alongside former Police Commissioner Molahlehi Letsoepa, returned to Lesotho on 12 February 2025. Upon arrival, they first met with the Minister of Law and Justice, Richard Ramoeletsi, who facilitated their formal handover to Commissioner of Police, Advocate Borotho Matsoso.
Both men fled to South Africa in 2017 following their dismissal by then Prime Minister Thabane, who had just ousted Pakalitha Mosisili in that year’s snap elections.
Letsoepa is accused of murdering Police Constable Mokalekale Khetheng in March 2016. He was released on M1000 bail in August by Justice ’Mafelile Ralebese — a decision now under review by the Court of Appeal after PC Khetheng’s family challenged its irregularities.
In his bail petition, Lekhooa insisted that his departure was not an act of evasion but a desperate attempt to protect his life amid political persecution.
Delivering judgment on Friday, Justice Molefi Makara found that “exceptional circumstances” justified Lekhooa’s release. He said upon Lekhooa’s voluntary return, the Commissioner of Police had chosen not to detain him immediately but had instead allowed him to go home on the understanding that he would return when summoned.
Justice Makara said this reflected “a measure of trust” that Lekhooa would not interfere with investigations or obstruct justice. When he was later summoned to appear before the Commissioner, unforeseen circumstances delayed the meeting — but Lekhooa ultimately appeared before a magistrate and was formally charged.
The magistrate advised him to seek bail from the High Court, as the matter exceeded the lower court’s jurisdiction.
Before the High Court, Lekhooa argued that he was entitled to bail under the constitutional presumption of innocence. Justice Makara concurred, emphasizing that the right to bail is enshrined in Lesotho’s Constitution and recognized internationally.
The judge said Lekhooa had presented a credible case for release and that the Crown failed to demonstrate how his bail would prejudice the administration of justice.
Lekhooa claimed he fled after the death of a senior security figure, which triggered a hostile political climate. Having served in the NSS and briefed the Prime Minister directly, he said he became a target once a new government took power.
His dismissal, withdrawal of weapons and security, and public accusations by the Prime Minister linking him to police and civilian killings left him exposed and fearing for his life.
“The petitioner’s departure was not that of a fugitive but of a man seeking refuge in the face of real threats to his life,” Justice Makara said.
The court accepted his explanation and granted bail under the conditions that: he pays a M3000 bail deposit, considering his financial hardship after his wife’s death; provides an independent surety worth M20,000; reports to Police Headquarters as directed; and surrender his travel documents to the High Court Registrar, with the option to apply for temporary access for medical or humanitarian reasons.
Justice Makara said the conditions struck a balance between Lekhooa’s constitutional right to liberty and the broader interest of justice.