Hopolang Mokhopi
THE High Court is set to decide on Wednesday whether the leader of the Basotho Covenant Movement (BCM), Dr Tšepo Lipholo, should have his diplomatic passport released by the police.
Justice Maliepollo Makhetha reserved her judgment on Friday after hearing arguments from both Dr Lipholo’s legal representative, Advocate Tembo Lesupi and state lawyer, Adv Tsebiso Fuma.
Dr Lipholo was arrested on 4 July 2025 and released on M10,000 bail and M100,000 surety on 8 December 2025. He faces charges including treason, sedition, human trafficking, and insulting the Royal Family.
His diplomatic passport, rendered to him as BCM’s only Member of Parliament under Proportional Representation (PR) seat, was seized by the police to ensure he does not abscond trial.
Adv Lesupi argued that Adv Lipholo needs the diplomatic passport to travel to South Africa for medical treatment, following a referral from his local doctor due to a worsening health condition. Adv Lesupi highlighted that the condition had deteriorated over time and that urgent attention was needed.
He further contended that while Section 7, Subsection 4 of the Lesotho Passports and Travel Documents Act gives the minister discretion in issuing diplomatic passports, once granted, the applicant possesses rights to it. However, he noted that the current circumstances did not justify issuing the passport for personal medical reasons.
Adv Fuma countered that despite Dr Lipholo’s medical condition, he had continued normal political activities, showing no immediate incapacity. The state also argued that the “agency” Dr Lipholo cited as justification for holding two passports did not exist and that one passport was sufficient for travel.
Adv Fuma explained that the police had offered Dr Lipholo one passport to attend to his medical needs, and releasing the diplomatic passport posed a flight risk. This concern stemmed from a prior court finding that Dr Lipholo held a valid American visa until 2030, which had classified him as a potential flight risk in earlier proceedings.
The advocate stressed that diplomatic passports confer rights for official duties, not personal travel. Releasing the passport for medical visits, particularly abroad, could undermine justice. He emphasized that Dr Lipholo’s ordinary passport was sufficient for travel and identification.
Addressing the medical referrals, Adv Fuma said the December referral lacked specific dates or locations, meaning Dr Lipholo could have consulted a local hospital, further negating the claim of any enforced obligation or agency.
Justice Makhetha, having heard both sides, said she would need time to draft her ruling and announced that the decision would be delivered next Wednesday.