…wants DPP reinstated as murder trial reaches crucial stage

Moorosi Tsiane

THE family of slain Police Constable (PC) Mokalekale Khetheng has appealed for the reinstatement of suspended Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, to continue leading the trial of four police officers accused of his murder.

As the long-running murder trial enters its most pivotal phase where the accused have to plead their case, the family has raised serious concern over the sudden suspension of Adv Motinyane, who had been leading the prosecution.

She was suspended on 30 June 2025 by Prime Minister Sam Matekane over allegations of incompetence.

The Khetheng family has since written to Acting DPP Lehlanako Mofilikoane, warning that the prosecutorial shake-up may derail justice just as the defence is about to begin its case.

In a letter dated 1 August 2025, PC Khetheng’s brother, Mabula Khetheng, expressed the family’s “deep concern” over the uncertainty surrounding the leadership of the prosecution at such a critical stage of the trial.

“The case has reached a stage where the accused are required to answer to the charges brought against them. However, there appears to be uncertainty about the leadership of the prosecution at this important juncture,” the letter reads.

Mabula emphasised that the trial was now at a crucial point, with the accused expected to begin leading their defence.

He said the family’s concern stemmed from the removal of Adv Motinyane, who had been deeply involved in the case since taking over from South African Advocate Shaun Abrahams.

“We recently engaged with the Acting Director of Public Prosecutions to share our family’s concerns, particularly around the absence of the substantive DPP who has been actively involved in the matter,” he said.

Mr Khetheng underscored the importance of continuity and experience, especially since the defence team is led by senior legal practitioners, King’s Counsels Karabo Mohau and Zwelakhe Mda.

“It is our firm position that, given the calibre of the defence, the interest of justice and fairness to us as the victim’s family, it would be best to have the substantive DPP continue with the prosecution.

“This is not merely a matter of legal strategy but also of public confidence in the justice system and accountability for a grave crime. We urge all relevant authorities to take this request seriously and ensure the case proceeds without delay, under experienced and senior leadership. We seek only justice for Mokalekale, and we trust that justice will not fail him,” the letter states.

Contacted for comment, Adv Mofilikoane said she had not yet seen the letter and therefore could not respond to its contents.

“I have not seen such a letter. I can only respond once I’ve read it. But if they are seeking ‘M’e Motinyane’s reinstatement, that can only be done by her employers, not me,” Adv Mofilikoane said.

In this case, the former Hlotse Police Station Commander, Senior Superintendent (SSP) Thabo Tšukulu, Sub-Inspector (Sub-Insp) Haleokoe Taasoane, Inspector (Insp) Mathibeli Mofolo and Sub-Inspector Mabitle Matona, are charged with the March 2016 murder of PC Khetheng and the dumping of his body at Ha Setho, on the outskirts of Maseru.

Adv Motinyane took over prosecution of the case in September 2023, following the withdrawal of South African Adv Shaun Abrahams and Lesotho’s Adv Motene Rafoneke, who had previously been handling the matter.

Her last court appearance in the case saw her successfully oppose a discharge application filed by the accused.

SSP Tšukulu, S/Insp Matona, and Sub-Insp Taasoane had filed for discharge in May 2025. The fourth accused, Insp Mofolo, did not make such an application.

Following the closure of the Crown’s case, the defence, led by Advocates Mohau KC and Mda KC, applied for the discharge of three of the accused.

However, presiding judge, Justice Charles Hungwe, ruled in favour of Adv Motinyane, stating that a prima facie (straight forward) case had been established against all four, and that they must answer to the charges.

The trial resumes tomorrow before Justice Hungwe, with one Adv Nkoe now appointed as the new prosecutor.