…BNP leader says his joinder was unlawful while bid to quash charges was still pending
Hopolang Mokhopi
BASOTHO National Party (BNP) leader Machesetsa Mofomobe has asked the Maseru Magistrate’s Court to drop him from the sensational M5 billion Khubetsoana drug case, arguing that he was wrongly joined while an application by his five co-accused to quash the charges was still pending.
Mr Mofomobe, an MP, is accused of facilitating the acquisition of premises at Khubetsoana, Lifariking, Berea, allegedly used by Chinese nationals to operate a clandestine drug laboratory.
His lawyer, Advocate Christopher Lephuthing, told Magistrate Lebusa Tšosane on Tuesday that the court which joined Mr Mofomobe as the sixth accused had lacked jurisdiction to do so while the validity of the underlying charges was already being challenged.
He urged the prosecution to withdraw the charges against Mr Mofomobe, failing which the BNP leader would launch a formal application challenging his joinder.
“If the prosecution is not willing to drop Honourable Mofomobe today, then we will have to file a formal application,” Adv Lephuthing said.
The prosecution rejected the argument, insisting the law allowed it to add accused persons or charges at any stage before proceedings commenced.
Magistrate Tšosane ultimately ordered Mr Mofomobe to file a formal challenge to his joinder by 31 August 2026. He ruled that application would be heard together with the already pending bid by his co-accused to have the charges quashed.
Joinder challenged
Adv Lephuthing told the court that the quashing application was already underway when prosecutors moved to add Mr Mofomobe as accused number six.
He said he had appeared before the Chief Magistrate on 3 August alongside the Acting Director of Public Prosecutions and Advocate Keketso Motiki. The Chief Magistrate subsequently recused herself and a timetable was agreed for filing pleadings in the quashing application.
“While that case was pending and we were trying to close the pleadings, the prosecution sought to join Honourable Mofomobe as the sixth respondent,” Adv Lephuthing said.
He argued that Mr Mofomobe could not properly be joined to charges whose validity was already under judicial challenge.
“The proper thing to do now … is to drop the charges against Honourable Mofomobe,” he submitted.
Adv Lephuthing further argued that synchronising Mr Mofomobe’s remand dates with those of the original accused was problematic and described the joinder as an abuse of court process.
But Adv Motiki, for the Crown, rejected the argument.
She said the Criminal Procedure and Evidence Act permitted the prosecution to add charges and accused persons at any stage before the case proceeded.
“At any point before the case proceeds, the prosecution is at liberty to add charges and accused persons,” Adv Motiki submitted.
She said the defence should file a substantive application if it wanted to challenge the legality of Mr Mofomobe’s joinder.
Magistrate Tšosane appeared to agree that the challenge should have been raised formally earlier.
“My view is that, if you felt there was a lack of jurisdiction to join the sixth accused on 13 August, you ought to have raised that as a special plea before the court could even entertain the arraignment,” he said.
He ordered Mr Mofomobe’s lawyers to file their application by 31 August.
Heads of argument in the separate application to quash the charges must be filed by 22 September, after which both applications will be heard together.
Mr Mofomobe and his five co-accused were remanded to 31 August.
M5 billion drug case
Mr Mofomobe was added to the case weeks after the original five accused — Chinese nationals Chen Wu, Chen Minglevu and Yeng Xiong Kang; their company Stan Dar (Pty) Ltd; and Kemang Masupha, a senior Industry Development Officer in the Ministry of Trade, Business Development and Industry — first appeared in court.
Police initially went to Mr Mofomobe’s home to arrest him but did not find him. He was subsequently directed to present himself for court proceedings.
He later appeared in court and was granted M5 000 bail backed by a M50 000 surety. He denies wrongdoing and has described the case against him as persecution.
The six accused face three charges arising from the alleged operation of the suspected drug laboratory.
The Crown alleges that between August 2025 and March 2026 they unlawfully produced, manufactured and distributed drugs of abuse, including ephedrine, pseudoephedrine, methcathinone and methamphetamine.
They are also accused of unlawfully importing medicines and medical devices through the Maseru Border Post without the required licences and of discharging hazardous substances and chemicals into the environment without complying with prescribed regulations.
The case stems from a February 2026 raid by the Maseru Central Beat Patrol Unit on a rented workshop in Lifariking, Khubetsoana.
Police allegedly discovered about 7.5 tonnes of chemicals associated with the manufacture of crystal methamphetamine, ecstasy and substances linked to khat. The substances were estimated to have a street value approaching M5 billion.
The case has been controversial from the outset.
Police initially denied that such a case existed until the Lesotho Times published an exposé on the raid. Commissioner of Police Advocate Borotho Matsoso subsequently confirmed that investigations were underway.
Allegations of a cover-up within the Lesotho Mounted Police Service later surfaced after a police vehicle was reportedly seen guarding the premises and two Asian nationals allegedly linked to the suspected laboratory reportedly fled to South Africa while investigations stalled.
Adv Matsoso has denied allegations of a police cover-up.
Meanwhile, Mr Mofomobe’s five co-accused are seeking to have all charges against them quashed, arguing that the prosecution has failed to provide them with the criminal docket, witness statements, laboratory reports and investigation diaries.
That application and Mr Mofomobe’s impending challenge to his joinder will now be determined together by Magistrate Tšosane.
