Rédaction Africa Links 24 with Sunday-Express
Published on 2024-03-24 17:20:12
The High Court judge, Keketso Moahloli, is set to rule on the urgency of a peculiar application made by former police commissioner, Holomo Molibeli, seeking an order to permanently ban the Lesotho Times newspaper. Molibeli is pursuing the closure of the newspaper after it published a story implicating him in a M40 million fraud case at fuel company Tholo Energy. Despite the story being based on court proceedings, Molibeli, through his lawyer, Advocate Tekane Makaqachane, insists on shutting down the Lesotho Times to prevent further defamation.
Advocate Makaqachane previously attempted a similar application to ban the Lesotho Tribune newspaper, which was dismissed by Judge Polo Banyane. Banyane emphasized that a court cannot be requested to shut down a newspaper simply due to displeasure with its reporting. In the current case, Advocate Makaqachane faced opposition from Neil Fraser, representing the Lesotho Times, who argued against the urgency of the application.
Fraser pointed out the flaws in Makaqachane’s argument of urgency and the illegal operation of the newspaper without a registration certificate. He highlighted that the application sought final closure of the newspaper but was disguised as an interim relief. The debate continued with Fraser questioning the necessity of shutting down the newspaper, emphasizing the media’s constitutional right to inform the public.
Despite Makaqachane’s efforts to invoke urgency and seek a rule nisi for the closure of the Lesotho Times, Judge Moahloli and Fraser exposed the weaknesses in his application. They clarified the purpose of a rule nisi and raised doubts about Makaqachane’s understanding of legal procedures. Fraser further revealed that the Lesotho Times was properly registered under the relevant Act, refuting Makaqachane’s claims of illegal operation.
The discussion also brought to light the challenges in Makaqachane’s approach of suing publishers based on an outdated law and non-existent administrative offices. Judge Moahloli expressed unfamiliarity with the supposed Registrar-General’s office, leading to doubts about Makaqachane’s legal grounds. Fraser’s evidence of the Lesotho Times’ registration added to the credibility of the newspaper’s operations.
In conclusion, Molibeli’s quest to shut down the Lesotho Times based on allegations of illegal operation faces legal hurdles and lack of substantial evidence. The court proceedings shed light on the complexities of media regulation, legal interpretation, and the protection of constitutional rights in Lesotho’s legal landscape. The case serves as a reminder of the importance of upholding freedom of the press and ensuring proper legal procedures in addressing grievances against media entities.
Read the original article on sundayexpress.co.ls
