Mohloai Mpesi
LEADER of the opposition, Mathibeli Mokhothu, has challenged the government to facilitate the release of incarcerated Basotho Covenant Movement (BCM) leader Dr Tšepo Lipholo and former army chief Lieutenant General Tlali Kamoli.
Mr Mokhothu, who leads the Democratic Congress (DC), called for the duo to be granted bail pending the finalisation of their treason cases. He emphasised that the government, being the complainant in both cases, had the authority to facilitate their release.
He clarified that supporting their bail would not interfere with the ongoing trials, which would still proceed in the High Court.
Dr Lipholo faces charges of sedition, incitement, contempt of the Royal Family and treason. The BCM leader was arrested at his homestead in Qoaling, Maseru, on 2 July 2025 by members of the Lesotho Mounted Police Services (LMPS).
Over the past five months, Dr Lipholo’s multiple bail applications have been consistently opposed by the prosecution, with the latest bid still pending before the High Court.
Lt-Gen Kamoli, in custody since his arrest in 2017, faces a litany of charges including treason, the murder of former army chief Maaparankoe Mahao, and the attempted murder of former First Lady ‘Maesaiah Thabane and former Police Commissioner Khothatso Tšooana.
Despite the independence of the Director of Public Prosecution (DPP) under Section 99 of the Constitution, Mr Mokhothu told the Sunday Express on Friday that the government owned the cases against both men and thus has the prerogative to create conditions that would allow their release.
“The government is opposing Dr Lipholo and General Kamoli’s bail because it is the government that filed the case against them,” Mr Mokhothu said.
“Officers at the Office of the Director of Public Prosecutions (DPP) cannot decide independently whether to oppose bail on air. The government provides instructions, and on this matter, it has chosen to oppose bail.
“The government cannot dictate how the judiciary should rule on a case, but regarding bail, they (government) are the ones who opposed it. The DPP acts on these instructions. These are government cases; if the government chose not to oppose bail, instructions would be given accordingly, and the matter would proceed in court as usual, with evidence considered.
“For too long, the government has opposed bail applications for General Kamoli and Dr Lipholo. Courts could have granted bail if convinced they are not flight risks, but the government has continued to oppose it.”
Mr Mokhothu’s comments came in the wake of a DC press release issued on Thursday, which expressed deep concern over the prolonged detention of the duo, citing constitutional rights and the fair administration of justice.
“The Democratic Congress (DC) expresses deep concern regarding the continued detention of Rev. Dr Tšepo Lipholo and Lt. Gen. Tlali Kamoli, whose prolonged incarceration raises serious questions about the protection of constitutional rights, adherence to due process, and the fair administration of justice in Lesotho.
“DC respectfully urges the Government of the Kingdom of Lesotho, as the custodian of the rule of law, to ensure that the rights of all citizens, including accused persons, are upheld without discrimination, delay, or undue influence.
“The right to bail, where appropriate, is a fundamental component of our justice system and a critical safeguard against arbitrary detention. We call upon the Government to facilitate conditions that enable the courts to freely and expeditiously consider and grant bail to Hon. Lipholo and General Kamoli, in accordance with established legal principles, human rights norms, and the Constitution of Lesotho. No individual should be deprived of liberty where bail is justified and the presumption of innocence remains intact.
“Respect for the rule of law is essential for national stability, public confidence, and the strengthening of democratic governance. Upholding constitutional rights is not merely a legal obligation; it is a moral duty owed to every Mosotho. We appeal to the government on this matter.”
Responding to the DC’s demands, government spokesperson, Thabo Sekonyela, dismissed the calls, stating that the government would not interfere in judicial matters.
“Why didn’t the DC release Lt-Gen Kamoli when they were in power, in coalition with ABC? I am tired of politics of small-brained people. These are not patriotic politics. It is unfair to ask the current government to act on past regimes’ decisions.
“We have committed to distancing ourselves from the courts. Issues like bail are for the courts to determine. They decide who is a flight risk based on evidence. Why should this become our problem as the current government?”