The Constitutional Court has reserved judgement in a case in which top politicians, Mothetjoa Metsing and Selibe Mochoboroane, are seeking the rescission of its October 2018 judgement which nullified a deal to defer the criminal prosecutions of politicians until the completion of the current multi-sector reforms process.

Justice Molefi Makara said this was to give the Constitutional Court time to write the judgement, a process he said might take three weeks. Justice Makara heard the application alongside Acting Chief Justice ‘Maseforo Mahase and the now retired Justice Semapo Peete.

Clause 10 of the 2018 agreement between then Prime Minister Thomas Thabane’s government and the opposition defers the trials of Mr Metsing and other opposition politicians at least until after the implementation of the multi-sector reforms recommended by SADC in 2016.

Th agreement cleared the way for Mr Metsing’s November 2018 return from exile to participate in the multi-sector reforms process. However, the clause was invalidated in November 2028 by the same Constitutional Court bench comprising of Justices Makara, Mahase and Peete.

This after the late Police Constable (PC) Mokalekale Khetheng’s father, Thabo Khetheng, petitioned the court to declare it unconstitutional saying self-serving agreements between politicians could not outstrip the constitution.

PC Khetheng was allegedly murdered by fellow police officers on 26 March 2016. The opposition Lesotho Congress for Democracy (LCD) deputy leader TÅ¡eliso Mokhosi was initially charged with PC Khetheng’s murder alongside four senior police officers.