Mofomobe has case to answer-Crown

Mofomobe has case to answer-Crown
…as it says “overwhelming evidence” links BNP leader to M5bn drug case
Hopolang Mokhopi
BASOTHO National Party (BNP) leader, Machesetsa Mofomobe, has a case to answer in the sensational M5 billion Khubetsoana drug case, the Crown has told the Maseru Magistrates’ Court, saying there is “overwhelming evidence” linking him to the alleged offences.
The Crown made the assertion in a strongly worded answering affidavit, filed this past week, opposing Mr Mofomobe’s application to have the charges against him withdrawn.
Mr Mofomobe is seeking to escape the case on the grounds that his joinder as the sixth accused was unlawful because his five co-accused had already launched an application challenging the charges before he was added to the matter.
His co-accused are separately seeking to have the charges quashed, arguing that the prosecution has failed to provide them with the criminal docket, witness statements, laboratory reports and investigation diaries.
But the Crown says his argument is without merit and that he was joined to the case after investigations allegedly uncovered evidence implicating him in the crimes.
Senior Crown Counsel, Advocate Keketso Motiki, says the decision to charge Mr Mofomobe was based on evidence gathered during investigations into the alleged drug laboratory at Khubetsoana, Lifariking, and fell squarely within the powers of the Director of Public Prosecutions (DPP).
“I have fully read the docket and I aver that there is overwhelming evidence against the applicant hence he was charged and remanded,” Adv Motiki says in the answering affidavit.
“I wish to inform the court that applicant herein was joined in the charges following thorough investigations that revealed heavily his complicity in the crimes he is charged with.
“It was on the basis of the evidence collected in those investigations that the office of the Director of Public Prosecutions exercised its powers vested on it both by the Constitution of Lesotho 1993 and Criminal Procedure and Evidence Act No.9 of 1981.”
The Crown says Mr Mofomobe’s attempt to have the charges dropped is premature, particularly because he had not even requested the discovery of the evidence upon which the prosecution intends to rely.
Adv Motiki says Mr Mofomobe had never formally requested discovery of witness statements and other material from the prosecution.
“I wish to point out in clear terms that at no point the Crown has ever refused to make any discovery.
“Applicant herein never made request for any discovery otherwise he would have attached correspondence requesting such discovery as a proof.”
Joinder dispute
Mr Mofomobe’s lawyers have argued that his joinder should not have taken place while his co-accused’s application to quash the charges was pending.
His lawyer, Advocate Christopher Lephuthing, previously told Magistrate Lebusa Tšosane that the court lacked jurisdiction to join Mr Mofomobe as the sixth accused while the validity of the underlying charges was already before the courts.
“If the prosecution is not willing to drop Honourable Mofomobe today, then we will have to file a formal application,” Adv Lephuthing told the court last month.
But the Crown has rejected that argument, maintaining that the prosecution remained entitled to add accused persons as investigations progressed.
The prosecution had previously argued in court that the Criminal Procedure and Evidence Act allowed it to add charges and accused persons before proceedings commenced.
“At any point before the case proceeds, the prosecution is at liberty to add charges and accused persons,” Adv Motiki submitted.
The Crown has now reinforced that position in the answering affidavit, saying Mr Mofomobe cannot use the pending challenge by his co-accused to prevent the prosecution from charging him.
Adv Motiki says the DPP was entitled to charge him even though his co-accused were already challenging the case.
“There is no law that precludes the respondent to join any additional suspects in a charge where co-accused have lodged or challenged their own remand,” the affidavit states.
“This is more so considering that each accused person is expected to defend himself. No accused person is acting on behalf of others.”
The Crown says Mr Mofomobe was not a party to the proceedings instituted by his co-accused and therefore cannot rely on those proceedings as a basis for having his own charges withdrawn.
“Hopeless attempt”
The prosecution has also described Mr Mofomobe’s application as an attempt to frustrate and delay the main criminal proceedings.
“I therefore pray this Court to dismiss this application for lack of merit baseless,” Adv Motiki says.
“It is simply a hopeless attempt by the applicant trying to frustrate and stall the main trial.”
The Crown further rejects any suggestion that Mr Mofomobe was protected from prosecution because of his status.
“Applicant’s idea or understanding that he has at any point been immune from prosecution is ill-conceived,” the affidavit states.
“No one is immune from prosecution in this country except his Majesty The King.”
Background
Mr Mofomobe was last month added to the case of three Chinese nationals – Chen Wu, Chen Minglevu and Yeng Xiong Kang, their company Stan Dar (Pty) Ltd and Ministry of Trade, Business Development and Industry senior Industry Development Officer Kemang Masupha, in which they are accused of manufacturing drugs, unlawful importation of medicines without licences, and discharging hazardous substances and chemicals into the environment. They were charged in June this year and released on M5000 bail and M50 000 surety.
He is accused of facilitating the acquisition of premises at Khubetsoana, Lifariking, allegedly used by Chinese nationals to operate a clandestine drug laboratory.
The six accused face three charges arising from the alleged operation of the suspected laboratory.
The Crown alleges that between August 2025 and March 2026 they unlawfully produced, manufactured and distributed drugs of abuse, including ephedrine, pseudoephedrine, methcathinone and methamphetamine.
They are also accused of unlawfully importing medicines and medical devices through the Maseru Border Post without the required licences and of discharging hazardous substances and chemicals into the environment without complying with prescribed regulations.
The case followed a February 2026 raid by the Maseru Central Beat Patrol Unit on a rented workshop in Lifariking, Khubetsoana.
Police allegedly discovered about 7.5 tonnes of chemicals associated with the manufacture of crystal methamphetamine, ecstasy and substances linked to khat, with the substances estimated to have a street value of about M5 billion.
Mr Mofomobe denies wrongdoing and has described the case against him as persecution. He was also released on M5000 bail and M50 000 surety.