Maseru – The Court of Appeal has reserved judgement in a case in which the suspended President of that Court Justice Kananelo Mosito is appealing against the Constitutional Court’s determination that government was not wrong to establish a tribunal to inquire about his removal from office.
Justice Mosito was first taken to court in 2015 by the Director of Public Prosecutions DPP over allegations that he has not been filling tax return forms on time over the past 20 years and his case dragged until it got to the Constitutional Court where a ruling he is challenging was made on December 15, 2015.
Advocate Monaheng Rasekoai who represents Justice Mosito told the court that Lesotho Revenue Authority LRA never instituted any legal measures against Justice Mosito but that it was the DPP who made it its basis to prosecute him.
Advocate Rasekoai explained that LRA has rules providing that its Commissioner has to take legal measures against people who invade tax laws and the DPP has no business whatsoever to prosecute on LRA’s behalf and what he did was illegal, as he has to conform to the Constitution and all of its Auxiliary Laws which LRA Rules are part of.
On the contrary and representing the DPP, Senior Counsel Quido Penzhorn explained that a Judge is an important person in society and as such should be treated differently from other people, but once the Judge behaves in a manner not befitting his status like engaging in crime like Justice Mosito did, he should be treated like everybody and be prosecuted.
The appeal was heard by a panel of five foreign Acting Judges including Acting Judge Johann Kriegler who presided.