Rédaction Africa Links 24 with Lesotho Times
Published on 2024-04-11 07:31:33
Moorosi Tsiane
Prominent Lawyer, Rethabile Setlojoane, is fighting to clear his name of fraud and money laundering charges after receiving a payment of M100,000 from his client, Lehlohonolo Selate. The payment was allegedly for legal services rendered. Setlojoane’s lawyer, Salemane Phafane, argued in the Court of Appeal that the Constitutional Court erred in dismissing Setlojoane’s application challenging the police’s decision to charge him alongside Selate.
Setlojoane found himself in trouble with the police in October 2021 when he received the payment from Selate, who was accused of swindling over M50 million from the government through his company, Sunny Penny. Setlojoane was arrested, spent a night at Police Headquarters, and was taken to the Maseru Magistrate Court to be joined with Selate and other co-accused in the fraud case.
However, Setlojoane’s charges were stayed after his lawyer, Qhalehang Letsika, requested the matter be referred to the Constitutional Court to interpret whether a lawyer could be charged for receiving payment from a client. The Constitutional Court dismissed Setlojoane’s application, stating that the trial court would determine his innocence.
Unsatisfied with this ruling, Setlojoane appealed to the Court of Appeal for a final decision. If he loses, he will face charges in the Maseru Magistrate Court alongside Selate and others involved in the fraud case. Other accused in the case include Ntseliseng Lawrence, Mookho Rafono, Tlali Mokoaleli, Thabang Nkoe, Hlabathe Phafoli, Thithili Makhesi, Maqoboto Lepolesa, Fako Molefe, and Karabelo Makara.
Phafane claimed that Setlojoane was given an ultimatum by the police during interrogation to surrender Selate’s file or repay the M100,000, which was deposited into his FNB account, or be joined with the other accused. Setlojoane refused the offer. The case was presented before a five-member panel, where Phafane argued that the trial court would not address the constitutionality of the police’s conduct.
On the other hand, state lawyer, Mafefooane Moshoeshoe, argued that the police sought evidence related to Sunny Penny and Selate from Setlojoane due to their involvement in fraudulent activities. Moshoeshoe maintained that Setlojoane would still be charged, even if he repaid the money. The court reserved its judgment for May 3, 2024.
In conclusion, Setlojoane’s legal battle continues as he strives to clear his name and prove his innocence in the face of fraud and money laundering charges. The outcome of the Court of Appeal’s judgment will determine Setlojoane’s fate in the ongoing legal proceedings.
Read the original article on Lesotho Times