What initially appeared to be a technicality in a case in which former second lieutenant Phakiso Molise is accused of escaping from lawful custody has ballooned into something much bigger. 

Molise’ legal representative, advocate Zwelakhe Mda had argued that the constitutional elements involved in his client’s case makes the Magistrate’s Court not the proper forum for it to be heard. 

Magistrate Mr. Lesala Nthabi decided that before he could allow crown and defence counsels' arguments on whether the case has been properly brought before the magistrate court, he should inquire from the high court whether the magistracy enjoys judicial independence. 

The Lesotho News Agency (LENA) reports that Registrar of the High Court, Mrs. Lisebo Chaka-Makhooane, has responded by saying that the constitutional question raised by the magistrate is rather misplaced and is an issue not pertinent to the case. 

The independence of the judiciary of which the magistracy is an integral part, is a question which can be raised and discussed in a different forum, the Registrar said in a response on behalf of the Chief Justice. 

'It is not necessary therefore to make any pronouncement on this issue,' the Registrar’s note said. If the magistrate has any misgivings about being seized of the matter, it is advisable that the criminal case be re-allocated to another judicial officer.

A copy of the note has been sent to the Chief Magistrate in the Central Region.

09 September 2005