Hopolang Mokhopi
THE Basotho Covenant Movement (BCM) leader, Dr Tšepo Lipholo, has alleged severe ill-treatment while in detention, claiming that he lost a tooth after being assaulted inside the correctional facility.
He also claimed his food was once mixed with powdered soap, which he described as an attempt to humiliate and harm him.
Dr Lipholo made these claims while appearing before Senior Resident Magistrate Thamae Thamae in Maseru on Friday, where his legal team also argued that the magistrate should recuse himself from presiding over the case.
The BCM leader, who is currently detained, is applying for release, asserting that his case has stalled without meaningful progress.
According to Dr Lipholo, the ill-treatment extended to being denied access to the toilet while in court. He said he asked one of the prison warders to inform his lawyer that he needed to use the restroom, leading to a brief adjournment. When the session resumed, however, he informed the magistrate that a senior officer, identified as Makhakhe, had angrily refused to let him go.
Dr Lipholo also told the court that his health had deteriorated during his imprisonment, reiterating that he lost a tooth after being assaulted by chiefs inside the correctional facility and claiming that at one point, his meals had been tampered with, mixed with powdered soap.
Magistrate Thamae expressed concern over the allegations, emphasizing that the welfare and dignity of accused persons fall under the court’s protection.
“No one has the right to violate the rights of individuals in custody,” he said.
However, the magistrate did not invite prison officers to respond to the allegations, advising instead that any complaints about Dr Lipholo’s treatment should be pursued through his legal representatives.
Magistrate Thamae was on Friday presiding over the continuation of arguments in relation to the Crown’s application that he recuses himself because he was related to Dr Lipholo’s co-accused, Mpiti Thamae, who remains at large. The Crown had previously argued that Mpiti had confessed to his colleagues, while still a police officer, to being related to Magistrate Thamae.
During the Friday proceedings, Dr Lipholo’s lawyer, Advocate Tembo Lesupi, in defence criticized the conduct of investigating officers and witnesses. He singled out lead investigator Detective Inspector Tšepo Raphiri, accusing him of showing unreasonable bias in favour of the Crown. Adv Lesupi claimed that D/Insp Raphiri exhibited a “stubborn determination” to link Dr Lipholo to another suspect, Mpiti Thamae, who is still at large, asserting that releasing Dr Lipholo would imply releasing Mpiti—a claim Adv Lesupi described as “irrational and unfounded”.
“The unreasonable attitude of the investigating officer should be considered by this court in rejecting his testimony entirely,” Adv Lesupi argued.
He further highlighted contradictions in the evidence of witness Mampiti Thamae and her mother, particularly regarding alleged blood relations with the accused.
“There is absolutely no evidence whatsoever of any relationship between the parties. The only supposed connection is that they share a surname and both come from Mazenod—but from different villages,” Adv Lesupi said, praising another police investigator, Superintendent Retšelisitsoe Bokopane, for admitting under cross-examination that such factors would not amount to reasonable apprehension of bias.
Turning to the recusal application, Adv Lesupi reminded the court that such motions strike at the heart of judicial integrity.
“It must be remembered, Your Worship, that magistrates and judges take an oath to administer justice without fear or favour. That oath creates a presumption of fairness that cannot be easily displaced—it must be rebutted with strong evidence,” he said.
Adv Lesupi argued that the defence’s recusal motion was aimed at delaying proceedings and should be dismissed.
“What is central to this application is that Dr Lipholo says he has been stripped of his most fundamental right—the right to freedom. The prosecution’s delays have seriously prejudiced him, and the Crown’s conduct has been unfair.”
On the other hand, Acting Director of Public Prosecutions, Advocate Lehlanako Mofilikoane, maintained that the Crown had a reasonable apprehension of Magistrate Thamae’s potential biasness, hence the call for his recusal.
Magistrate Thamae said he would deliver his ruling on the recusal application on November 7, 2025.