**Four Mafeteng police officers to proceed with murder trial under old criminal procedure**
*Mafeteng, Lesotho – 4 September 2026*
Four police officers from Mafeteng have been ordered by the High Court to continue a murder trial under the Criminal Procedure and Evidence Act of 1981, after a request to remove the case from the court roll was dismissed. The case concerns the death of Thuso Tjemolane, who was allegedly assaulted and tortured by the officers on 2 August 2020 at Mafeteng Police Station.
### Background
The officers – Constables Mphi Molise, Thabo Phakisi, Lipholo Boroko and Tumelo Motebang – are accused of acting in common purpose in the killing of Tjemolane, a relative of the well‑known musician Molefi “Mantsoaki” Tjemolane. Prosecutors say the quartet suspected Tjemolane of stealing a 4 + 1 taxi and subsequently subjected him to violence that led to his death.
The Crown had previously admitted that it had not fully complied with the 2025 Criminal Litigation Rules (CLR). The defence argued that because the case was indicted under the older Criminal Procedure and Evidence Act (CP&E) of 1981, it should be struck off the roll until the Crown met the new disclosure requirements.
### Court decision
High Court Judge Mabatšoeneng Hlaele rejected the defence’s application to remove the case. In a written ruling, she noted that the Crown had provided the defence with the police docket, witness statements and post‑mortem report in accordance with Rule 72(2) of the CLR, although some documents were not typed or were poorly written and the post‑mortem documentation was incomplete.
Advocate Thapelo Mokuku, representing the Crown, acknowledged the shortcomings but stated that the prosecution had supplied the required materials. “My Lady, I can’t go over this hurdle, there is no compliance,” he told the court.
Advocate Lepeli Molapo, for the defence, argued that the case should be removed because it was indicted under the CP&E Act and that the Crown must comply with the CLR before the trial could proceed. He urged the court to strike the case from the roll until compliance was achieved. The other defence counsel, Advocates Monesa and Makhetha Motsoari, supported the application.
Judge Hlaele explained that the court must balance the accused’s constitutional rights, the complexity of the
Article and image source: lestimes.com
