Judul : Sakoane Confronts DCEO
link : Sakoane Confronts DCEO
Sakoane Confronts DCEO
CChief Justice Sakoane has strongly condemned the Directorate on Corruption and Economic Offences (DCEO) for allegedly failing to provide a search-and-seizure warrant following the seizure of a car owned by Mamosa Mohlabula-Nokana, the former WILSA Programmes Director, which she continues to pay for and had rented to the Ministry of Education.
This comes after disclosures in the High Court this week that the DCEO had secured anex parte(unopposed) court order from the Magistrate Court to confiscate Advocate Mohlabula-Nokana's vehicle in relation to allegations of fraud, money laundering, and theft that have been brought against her.
The anti-corruption agency has been criticized for not providing her with the warrant despite multiple appeals.
On behalf of Adv Mohlabula-Nokana, Attorney Qhalehang Letsika requested the court to consider the case as urgent, cautioning that his client faced significant contractual and financial issues.
"My Lord, the DCEO took a vehicle owned by the Applicant, and she attempted to speak with the DCEO to find out why her vehicle was seized. However, her letters to the Director General of the DCEO remained unanswered," Mr. Letsika stated.
He highlighted that the vehicle was acquired through hire-purchase from Nedbank Lesotho and then rented to the Ministry of Education — responsibilities his client is still required to fulfill even though he no longer has the car.
"Therefore, I submit, my Lord, that the Applicant is at risk of suffering irreversible damage... She is required to fulfill her loan agreement with the bank, as well as her contractual responsibilities to the government. However, she is hindered by the DCEO, who have not provided any justification," he stated, noting that the statutory body's silence constituted an abuse of authority.
Senior Advocate Bongani Mohlouoa, on behalf of the DCEO, responded to Mr. Letsika, contending that financial loss alone did not qualify as urgency according to existing legal standards.
"My Lord, the foundation for the urgency in this Court's decisions does not involve financial loss. This has been the Court's stance for a considerable period," Adv Mohlouoa stated.
However, the Chief Justice questioned him about the agency's decision not to provide the warrant.
"Where is that warrant? The applicant should have received it. You don't keep a warrant . . . It isn't a secret tool or document," said Justice Sakoane, clearly annoyed.
He alleged that the DCEO failed to address Adv Mohlabula-Nokana's questions and acted improperly by taking possession of assets without presenting relevant paperwork.
In reply, Adv Mohlouoa stated that the DCEO did not respond because the relevant officer was not available, a reason that the Chief Justice rejected immediately.
"That's a domestic issue... However, the investigation is straightforward. You're claiming that loss of money isn't the reason for urgency, but this isn't the case here, as there's an obvious illegality involved. The responsibility lies with the DCEO. It's always up to the state to provide justification," Justice Sakoane emphasized.
Adv Mohlouoa argued that the applicant would not face irreversible damage because any financial loss could be measured. He proposed to "show" her the warrant informally, a suggestion that was turned down by the court.
Judge Sakoane decided that the warrant should be officially submitted as part of the documentation, emphasizing that openness was not a choice when the government affects individuals' property.
Following intense discussions, the Chief Justice approved the request for priority.
The case will now be considered on 10 December 2025, during which the legality of the seizure and the DCEO's management of the warrant will be thoroughly examined by the court.
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