Monokoane to sue DCEO

…over “malicious” prosecution, defamation

…labels anti-graft body a political lapdog

Mohloai Mpesi

PEKA legislator and businessman, Mohopoli Monokoane, has reacted with anger—not relief—after the withdrawal of his corruption case.

He has accused the Directorate on Corruption and Economic Offences (DCEO) of pursuing “malicious” charges to damage his reputation and business, Hippo Transport.

Mr Monokoane says he now intends to sue the DCEO for defamation and loss of income, claiming the case tarnished his image and cost him potential clients.

This follows the DCEO’s decision this week to withdraw its High Court appeal against his acquittal.

Mr Monokoane, alongside his company, Hippo Transport Inc (Pty) Ltd, and store manager Lebohang Mathibela, had faced charges related to the alleged theft of fertiliser initially valued at M42,000, later revised to M74,800. The trio was granted M10,000 bail in November 2024.

Chief Magistrate ’Matankiso Nthunya dismissed the charges on 1 December 2025, citing the absence of DCEO prosecutor Advocate Lebohang Motelle and the prosecution’s failure to provide further particulars requested by Mr Monokoane’s lawyer, Adv Christopher Lephuthing, in August 2025.

In her ruling, Magistrate Nthunya found that delays—attributed to the prosecution’s lack of preparedness—had prejudiced the accused, in violation of the Speedy Court Trials Act No. 9 of 2002.

However, DCEO Director-General, Brigadier Advocate Mantšo Sello, disputed the ruling, arguing that the prosecution had been ready to proceed and that the court relied on an incomplete and defective record.

The anti-corruption body subsequently filed a review application in the High Court, accusing Magistrate Nthunya of acting irrationally and irregularly. Adv Sello maintained that the dismissal was unsupported by the court record and overlooked the prosecution’s efforts to bring the matter to trial.

According to Adv Sello, delays were largely due to administrative failures within the court system, including the temporary disappearance of the case record in March 2025. The matter was postponed several times until the record was eventually traced to Magistrate Nthunya’s office.

Once recovered, the case was set for hearing in August 2025, but the defence requested a postponement after being served with an amended charge sheet. The matter was then scheduled for 11 and 12 December 2025.

Adv Sello said the dismissal on 1 December came as a surprise, as the hearing had been set for later that month. He added that Adv Motelle only became aware of the proceedings after being contacted by Mr Monokoane’s lawyer, Adv Christopher Lephuthing, by which time the case had already been dismissed.

Appeal withdrawn

In a dramatic turn of events, the DCEO this week announced it had withdrawn its appeal against the dismissal of charges against Mr Monokoane.

In a statement issued by its Senior Public Relations Officer, ’Matlhokomelo Senoko, the DCEO said the decision followed the discovery that its own prosecutor had compromised the case.

“The DCEO hereby informs the public that it has formally withdrawn its application for review before the High Court in respect of the case of R v Mohopoli Monokoane.

“This decision follows a comprehensive five-month investigation and internal review undertaken by the Directorate from December 2025 to April 2026. The findings established that the application was fundamentally flawed, having been premised on false, misleading, and improperly presented factual assertions by the prosecutor responsible for the case.

“These assertions were used to ground serious allegations against the presiding judicial officer, including claims of corrupt conduct in the dismissal of the case. The DCEO does not take this matter lightly, as it risks undermining public confidence in the Directorate.

“Accordingly, the Directorate has taken the following actions: immediate withdrawal of the review application, while considering other possible grounds for review in light of the case history; and initiation of disciplinary proceedings against the prosecutor concerned.

“The Directorate reaffirms its full respect for the independence and integrity of the judiciary and assures the public that it remains resolute in its mandate to combat corruption with integrity and professionalism, without fear or favour.”

Monokoane

Contacted for comment, Mr Monokoane said he had long maintained that the DCEO had been weaponised against him by politicians.

“You will recall that this case was instigated after I wrote a letter to Prime Minister Sam Matekane, then my leader in the Revolution for Prosperity (RFP),” he said.

Mr Monokoane, who won the Peka constituency under the RFP before parting ways with the party in March this year, said his July 2024 letter raised concerns about poor governance, secrecy in decision-making, and internal divisions within the party. He also cited unfulfilled promises, lack of job creation, weak service delivery, and favouritism, warning that these issues undermined democracy and public trust.

“The case dragged on before the Maseru Magistrates’ Court because the DCEO was never ready to prosecute me. My lawyer requested further particulars in August 2025, but none were provided. It was only in December that the case was dismissed for want of prosecution.

“I have always maintained my innocence and that the charges were politically motivated.

“From December, nothing happened. Then, as soon as I announced plans to form a political party, the charges resurfaced in the form of an appeal. I believe the DCEO could not withstand the backlash that followed, hence the withdrawal. I have nothing to hide. I am innocent.”

He added: “This case has cost me so much – my integrity and business. I am currently in talks with my lawyer regarding the plan to sue them for damages”.

DCEO maintains stance

However, Ms Senoko insisted the Directorate had a legitimate case from the outset.

“We withdrew an application for review of the judgment, not the case itself. The matter was discharged because the DCEO prosecutor failed to appear in court.

“After the discharge, we held a press conference highlighting several issues at the Magistrate’s Court, including alleged missing pages in the court record. The Director General indicated that an appeal would be pursued, alongside internal investigations.

“We awaited the written judgment, which took a long time to be issued. Once it was received, we promptly filed for a review, asking the High Court to reconsider the matter.

“During this period, internal investigations were ongoing to determine what had transpired, particularly regarding claims that the DCEO had been absent from court.

“The investigations revealed that the prosecutor was responsible for the irregularities. Contrary to earlier claims, there were no missing pages in the court record.

“We are not engaging in politics. We are simply outlining our position,” she said.

Ms Senoko added that the prosecutor had since been issued with a show-cause letter and is suspected of deliberately mishandling and misplacing case documents.

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