Pattern of Defiance— Our government seems to be above the law!
Lesotho finds itself at a dangerous crossroads. A disturbing pattern has emerged: senior constitutional and statutory office-bearers are being sidelined, locked out, suspended, or removed— often in ways that appear to defy court orders and constitutional safeguards.
From the Ombudsman to the Director of Public Prosecutions (DPP) and the Revenue Services Lesotho (RSL) Commissioner General, the message is clear: independent institutions are under pressure.
The Ombudsman’s Fight (Adv. Tlotliso Polaki)
As her term approached its end, Ombudsman Advocate Tlotliso Polaki filed an urgent High Court application in June 2026.
She sought to block the appointment of a successor, arguing that transitional constitutional protections (“grandfather clause” under the Tenth Amendment) safeguard her position alongside other key offices (Auditor-General, Commissioner of Police, etc.).
She criticized Parliament’s delay in establishing proper recruitment mechanisms and asked the court to compel legislative action. Her term was set to expire on 30 June 2026. (newsdayonline.co.ls)
Earlier, in September 2024, the Lesotho Defence Force withdrew her bodyguards amid sensitive investigations into military and police conduct. Polaki’s office has been vocal on systemic issues— health failures, waste management, home affairs maladministration, and more. Her proactive stance may have made her a target in a climate where accountability is uncomfortable.
DPP Hlalefang Motinyane: Locked Out Despite Court Victory
The case of DPP Adv. Hlalefang Motinyane is even more stark. Suspended by the Prime Minister on 24 June 2025, she was locked out of her office and stripped of security.
The Constitutional Court ruled the suspension unconstitutional (the PM lacked authority under Section 141(7); proper process belongs to the Public Service Commission and King). The court ordered immediate reinstatement.
Yet upon attempted reinstatement in late September 2025, her office remained inaccessible— locks reportedly changed/tampered with. As she told the Lesotho Times, “I came back on Friday morning but my office was still locked, and it remains locked even now.”
A subsequent suspension via the King on PSC advice, with a tribunal established, followed in early October 2025 (Legal Notice No. 141 of 2025, dated 7 October). As of the July 2026 X exchange, she was still out of the office. (lestimes.com)
This not only paralyzes prosecutions but signals potential executive overreach into an office meant to be independent, especially given her pursuit of cases involving officials.
RSL Commissioner General Adv. ‘Mathabo Mokoko
Parallel drama unfolded at the Revenue Services Lesotho. The Board terminated Mokoko’s contract on 7 November 2025. She secured a Labour Court interdict on 6 November 2025 barring dismissal without due process. The Board allegedly defied it and proceeded anyway.
In December 2025 (ruling delivered 17 December), Labour Court President Teboho Thoso held the entire Board in contempt, sentencing members to 30 days’ imprisonment (wholly suspended on condition of reinstatement pending finalisation of the main case). Appeals followed, and Mokoko remained out despite orders. lestimes.com
Tax collection and fiscal independence are too critical for such instability.
This pattern extends further. Reports reference similar tensions involving other officials and boards.
Past echoes include attempts against the Chief Justice and others. Common threads include:
• Court orders ignored or circumvented (locks changed, defiance of interdicts).
• Procedural shortcuts bypassing constitutional protections for independent offices.
• Timing often linked to accountability actions against powerful interests.
• Institutional paralysis in justice, revenue, oversight, and anti-corruption efforts
This matters because, Lesotho’s Constitution enshrines separation of powers and independence for offices like the DPP, Ombudsman, Auditor-General, and revenue authority. When these are undermined— whether through direct suspension, administrative sabotage, or failure to comply with courts l— it erodes public trust, deters investment, and weakens governance.
Supporters of the actions cite performance or misconduct concerns. Critics see a pattern of removing thorns from the side of the executive or allies. The truth likely lies in transparent processes: full disciplinary hearings, respect for court rulings, and parliamentary oversight.
The Law Society, media, and civil society have pushed back commendably. But sustained pressure is needed— including from Parliament and regional bodies— to restore norms.
Lesotho cannot afford “below par” tactics in a constitutional democracy. Office-bearers must serve the law, not personalities. The courts have spoken repeatedly; compliance is not optional.
From the Ombudsman’s urgent bid, through the DPP and RSL battles, and onward— the rule of law must prevail “all the way.”