Nov. 15, 2022


2 min read

Ntsie asks court to review his extradition

Ntsie asks court to review his extradition

Double murder convict, Habofanoe Lephuthela Ntsie

Story highlights

    Court believes application is not as urgent as Ntsie suggests
    Lawyer says client’s extraction was irregular and unlawful

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DOUBLE murder convict, Habofanoe Lephuthela Ntsie who is awaiting sentencing by the High Court contends that the court has jurisdiction to review his extradition, which was processed in South Africa earlier in March.

This, the convict said on Monday through his lawyer, Advocate Raboloetse Makara, asking for an urgent application to halt proceedings, pending the finalisation of the review application.

Makara argued that his client’s extradition was irregular and unlawful, adding that even though it was processed in South Africa, the High Court, however, has the jurisdiction to hear his application.
Advocate Lehlanako Mofilikoane who represents the Crown in the matter said the Ministry of Foreign Affairs, cited as the first respondent in the application is not a custodian of a record of proceedings for the extradition, which Ntsie has requested to use in his defence.

She maintained that the court does not have jurisdiction to hear the application as the extradition occurred in another country.

Mofilikoane, however, supported Ntsie’s request for the matter to be heard on an urgent basis and for those criminal proceedings to be suspended, pending the finalisation of the matter.
She agreed that Ntsie should be allowed to present his case, adding he has a right to be heard.

The Crown, she said will show that the allegations that the extradition was premature are incorrect.

“Hearing this application will prevent the applicant from going to the Court of Appeal if the court proceeds with sentencing without hearing the application,” she also noted.
The court strongly believed that the application is not as urgent as the applicant suggested.

Although the court also wanted judgment to be passed urgently after pending for several years as Ntsie fled the country in 2012 during the reading of the judgment, it (the court), nonetheless, permitted both parties to file papers.
Justice ’Maseforo Mahase who presides over the matter has since postponed the matter until November 29 for hearing.

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She highlighted the importance of finalising the matter as it has been dragging since March 2009.

Ntsie was in 2012 found guilty of the 2004 murder of Souru Masupha and Habaka Mahao at Khorong in Ha Tšosane, Maseru.

He was convicted in absentia after fleeing the country during lunch break on the day the judgment was being read.

He was eventually arrested in South Africa in March and extradited back to Lesotho.

He awaits trial behind bars. – Metro/LeNA

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