Lesotho Tribune can report that Advocate Lintle Tuke, the President of the Law Society of Lesotho, has weighed in on the ongoing debate surrounding the denial of bail for Basotho Covenant Movement leader, Dr Tsepo Lipholo.
In a strongly worded opinion shared on social media, Tuke argued that the High Court may have missed an opportunity to balance the liberty of the accused with the integrity of the trial process. He noted that bail is not meant to be punishment but a mechanism to ensure that an accused person stands trial to finality.
Tuke drew comparisons with a past case involving Tumo Lekhooa, who fled justice for seven years. Despite evading the courts, Lekhooa was later granted bail, while Lipholo, who was arrested at his home in Qoaling, has been denied. “How then do we reconcile that precedent with the current situation?” Tuke asked.
He also suggested that the High Court could have attached strict conditions to bail, such as limiting travel, surrendering passports, regular reporting to police, or even sureties. These, he argued, are standard tools available to courts to prevent risks of flight or interference with witnesses.
According to Tuke, the matter could set an important precedent if challenged before the Court of Appeal. He stressed that the eventual ruling would not only clarify the boundaries of judicial discretion in bail matters but also shape public confidence in the fairness of the justice system.
Tuke was careful to note that his commentary was personal and does not represent the official views of the Law Society of Lesotho.
