…as Magistrate questions continued suspension of his company’s licence
Hopolang Mokhopi
ISRAELI cannabis farmer, Tom Srugo, is demanding the return of 337 cannabis plants and 4kg of cannabis products allegedly seized by the police from his Thetsane residence in 2024.
He claims the police are holding on to his products despite two court orders directing their release.
The demand comes as Maseru Magistrate Puseletso Mcpherson has questioned the Ministry of Health’s continued suspension of the renewal of Mr Srugo’s cannabis trading licence, saying the restriction may no longer be justified by the criminal cases initially cited as grounds for the suspension.
In a letter dated 23 September 2026, Mr Srugo’s lawyers, Adams Attorneys, wrote to Police Commissioner Advocate Borotho Matsoso, demanding that the Lesotho Mounted Police Service (LMPS) return the seized cannabis within 30 days.
The lawyers said the consignment comprised 337 live cannabis plants and two bags of dagga weighing approximately 4kg.
Their letter states that the court issued orders for the release of the cannabis on 2 December 2024 and 2 June 2026, but the police had yet to comply.
“We refer to the above-captioned matter, as well as the Court Orders granted by the Honourable Court on 02 December 2024 and 02 June 2026, respectively,” the lawyers wrote.
They said the initial order specifically directed the release of the seized cannabis, but the police had continued to hold it despite the directive.
“Notwithstanding the said order, the cannabis has to date not been released or returned to our client,” the letter states.
Mr Srugo had been charged with contravening Section 9(1)(a) and (b), read with Section 6 of the Drugs of Abuse Act No. 5 of 2008, in connection with cannabis found in his possession.
However, Adams Attorneys said the criminal proceedings against their client were subsequently dismissed for lack of prosecution on 2 June 2026.
“We further advise that the criminal proceedings against our Client were subsequently dismissed for lack of prosecution on 02 June 2026,” they wrote.
The lawyers argued that there was no longer any pending prosecution in which the seized property was required as evidence, making its continued retention unlawful in the circumstances.
They said the police’s failure to return the cannabis was also contrary to the court order issued in December 2024.
“We accordingly request that you cause the release and return of the aforesaid cannabis to our client in compliance with the court order,” the lawyers demanded.
Meanwhile, Magistrate Mcpherson has urged the Ministry of Health to reconsider its decision to withhold the renewal of ARCANA Seeds’ cannabis trading licence pending the finalisation of criminal proceedings involving Mr Srugo.
In a letter dated 6 July 2026 to the ministry’s Principal Secretary, Matšoanelo Monyobi, the magistrate said the continued suspension warranted reconsideration because several of the criminal cases initially cited as grounds for the decision had either been withdrawn or concluded.
Magistrate Mcpherson was writing in her capacity as the presiding officer in Criminal Case No. CR 0189/26.
She said that during proceedings on 6 July 2026, Mr Srugo’s legal representatives informed the court that the ministry had suspended the renewal of ARCANA Seeds’ licence pending the finalisation of that case and three other criminal matters.
The magistrate reviewed the status of the other cases and found that none remained unresolved in the manner originally contemplated by the ministry.
She said in Criminal Case No. CR 0561/24, heard in Leribe, the prosecution had withdrawn the charges. Criminal Case No. CR 1117/24, which was before Chief Magistrate Matankiso Nthunya, had been dismissed for want of prosecution. In Criminal Case No. CR 0367/22, before Senior Resident Magistrate Thamae Thamae, proceedings had taken place on an unopposed basis, and the matter was awaiting judgment following a lack of prosecution.
Against this background, Magistrate Mcpherson said the continued suspension of the licence renewal might no longer be warranted.
“It is my considered opinion that the continued suspension of the renewal of ARCANA Seeds’ licence may warrant reconsideration,” she wrote.
The magistrate added that renewing the licence would not necessarily affect the outcome of the criminal proceedings still before her.
“The mere renewal of the licence does not, in my view, have a direct bearing on the determination or outcome of the pending criminal proceeding before me in CR 0189/26,” she stated.
Magistrate Mcpherson further advised the ministry to consider whether restricting a person’s right to trade should depend on the outcome of criminal proceedings rather than the mere existence of charges.
She wrote: “It is further prudent for you to consider that sanctioning of a person’s right to trade be determined only upon his committal or conviction as the case may be.”
The magistrate said she understood that ARCANA Seeds’ licence renewal was being withheld solely because of the pending proceedings in CR 0189/26, after the other cases that had informed the original decision were withdrawn or otherwise concluded.


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