…as High Court resolves Mokhesi–Makhalanyane defamation case
THE High Court has ordered Abia constituency legislator, Thuso Jacob Makhalanyane, to publicly apologise to High Court Judge Moroke Mokhesi for allegedly insulting him in 2024.
The ruling, issued on 9 March 2026 by Acting Judge Tsebang Putsoane, follows a settlement agreement between the two parties. As part of the settlement, Mr Makhalanyane is also required to pay M2000 toward Justice Mokhesi’s legal costs.
“It is ordered that the respondent (Makhalanyane) retract the defamatory statements and make a public apology to the applicant (Mokhesi) through the same medium initially used to publish the statements (Facebook). The respondent is further ordered to contribute M2000 toward the applicant’s legal costs,” Justice Putsoane stated.
Justice Mokhesi was represented by Attorney Shale Shale, while Adv Fusi Sehapi appeared for Mr Makhalanyane.
The dispute began in April 2024 when Justice Mokhesi sued Mr Makhalanyane for M1 million over allegations of corruption posted on Facebook.
On 28 September 2024, a Facebook account under the name “Jacob Makhalanyane” shared a newspaper article praising Chief Justice Sakoane Sakoane’s efforts to clean up the judiciary, accompanied by a statement in Sesotho suggesting Justice Mokhesi was involved in a M210 million corruption scandal.
The post, loosely translated, read: “I like this Chief Justice Sakoane. Perhaps he could take action against Justice Mokhesi. That man does terrible things! Even in the M210 million corruption scandal, he played a big and dirty role. Justice Mokhesi needs to be interrogated too.”
Justice Mokhesi, through Shale Chambers, issued a letter of demand on 4 November 2024, describing the statements as false, defamatory, and damaging to his reputation. Mr Makhalanyane denied knowledge of the Facebook post in a response dated 10 November 2024. Further attempts to secure a retraction and apology, including letters sent on 22 November 2024 and 10 February 2025, went unheeded.
In his court application, Justice Mokhesi said: “These allegations are entirely false and grossly defamatory. The publication portrays me as corrupt, dishonest, and morally degenerate, questioning my integrity and fitness to hold high judicial office. It has been widely circulated, damaging my reputation and deeply hurting my feelings.”
Justice Mokhesi sought M1 million in damages, legal costs, and interest at 11 percent from the date of judgment. The High Court’s settlement resolves the matter, requiring a public apology and partial payment of legal costs.