…as he withholds post-mortem reports
Kabelo Masoabi
THE administration of criminal justice in Leribe has been thrown into further disarray after an unpaid government pathologist withheld post-mortem examination reports, forcing the postponement of murder and other serious criminal cases.
The crisis unfolded at the Leribe Magistrate’s Court this week, where Magistrate ‘Mapitso Rantja criticised both the police and prosecution for repeatedly bringing cases before the court despite incomplete investigations. She warned that the practice was undermining public confidence in the judiciary and worsening an already crippling case backlog.
During remand and case management proceedings, prosecutors disclosed that several criminal matters had stalled because police investigations had not been completed.
The delays have been compounded by the absence of post-mortem reports after the government pathologist reportedly refused to release them, allegedly because the government had failed to pay him for his services.
The revelation prevented the court from allocating hearing dates in several matters, leaving victims, accused persons and their families facing yet another round of delays.
One of the affected cases is the murder prosecution arising from the death of Chaka Likhale, who was allegedly killed over a stolen pair of trousers on January 16 this year at Ha Mohlokaqala in Peka.
Seven accused persons — Tšitso Makhata, Ngaka Mohlokaqala, Setoko Makhasane, Monare Mohlokaqala, Tefo Kibi, Ketso Sehloho and Khoesha Mofubetsana — appeared before the court expecting their matter to be scheduled for trial.
However, Prosecutor Sefali informed the court that the post-mortem examination report, a key piece of evidence required for prosecution, could not be filed because the pathologist had withheld it pending payment by the government.
Without the report, Magistrate Rantja said, the court could not allocate a hearing date.
Following an application by defence lawyer, Advocate Mashaile, the accused were excused from attending future routine remand appearances while investigations remain incomplete. The prosecution did not oppose the application.
Although relieved from appearing at every remand, the accused remain bound by their existing bail conditions. They must continue reporting to Tlalinyane Police Station on the last Friday of every month and will be required to return to court immediately once summoned.
Magistrate Rantja directed prosecutors to urgently engage the police authorities to resolve the impasse.
She warned that if the uncertainty surrounding the release of the post-mortem report persisted indefinitely, the prosecution risked having the matter struck off the court roll.
“In a case like this, where it is not clear when the pathologist will be paid so that the post-mortem report can be released, the case may have to be dismissed,” she said.
“That means the prosecution would have to start the matter afresh once it is ready to proceed. For now, I direct the prosecution and the police to urgently resolve this backlog.”
The Likhale murder case was only one of numerous matters postponed because of incomplete police investigations.
Prosecutor Mafisa conceded that repeated postponements across the criminal roll were largely attributable to investigations that had not been finalised.
Before adjourning the day’s proceedings, Magistrate Rantja delivered a scathing criticism of police investigators, accusing them of negligence, poor preparation and failing to carry out investigations within reasonable timeframes.
She said the judiciary was increasingly being blamed for delays that were, in reality, the result of investigative failures by law enforcement agencies.
“The continued presentation of cases with incomplete investigations is damaging the judiciary’s reputation. People blame the courts for delays without realising that proceedings are frequently stalled because the police have failed to complete their investigations,” she said.
She added that investigators were routinely bringing incomplete dockets before the courts, resulting in repeated postponements that unnecessarily prolonged criminal proceedings and contributed to the ever-growing backlog.
Lesotho’s criminal justice system continues to struggle with significant delays, with hundreds of criminal cases remaining unresolved for months or even years. Legal observers have repeatedly attributed the backlog to systemic weaknesses, including delayed investigations, inadequate case preparation and resource constraints within the justice sector.
The prolonged delays have left accused persons waiting years for their day in court while victims and bereaved families continue to wait for justice.
Analysts warn that the persistent failure to conclude criminal cases promptly risks eroding public confidence in the justice system and fostering perceptions that offenders can escape accountability because prosecutions move too slowly.
As part of efforts to accelerate progress, Magistrate Rantja ordered prosecutors to immediately liaise with investigating officers responsible for stalled cases and report back to the court with updates.
Referring to one accused person, Sechaba Chakela, whose theft case has repeatedly been postponed without meaningful progress, Rantja insisted that he would not leave the courtroom without receiving a definitive update on the status of his matter and a clear indication of when it would proceed.
“When these cases take a long time to proceed, witnesses may begin to forget important details relating to the crime. This lapse in memory could result in an accused person being found not guilty, even when that may not be the case,” the magistrate said.