Bombing trial hits another delay

…as Judge Hungwe’s family emergency forces fresh postponement

Moorosi Tsiane

THE long-running trial of five soldiers accused of orchestrating the 2014 bomb attacks on the homes of former First Lady ’Maesaiah Thabane and former Police Commissioner Khothatso Tšooana has suffered yet another delay, with proceedings now pushed to October.

The trial could not proceed this week after presiding judge Justice Charles Hungwe was forced to return to his native Zimbabwe to attend to a family emergency.

The latest setback means the matter will now resume on 26 October 2026, although the defence made it clear that it had not agreed to the postponement.

Justice ’Mafelile Ralebese stepped in on Tuesday to formally postpone the matter after the Crown informed the court that Justice Hungwe was unavailable due to circumstances beyond its control.

Former army commander Lieutenant General Tlali Kamoli, Captain Litekanyo Nyakane, Pitso Ramoepana, Mohlalefi Seitlheko and Heqoa Malefane face charges of attempted murder and malicious damage to property arising from the simultaneous bombing of the homes of Ms Thabane and Mr Tšooana in the early hours of 27 January 2014.

Prosecutor Advocate Motene Rafoneke asked the court to postpone the matter to 26-28 October, dates that had already been allocated for the continuation of the trial.

“We were informed that unavoidable circumstances have occurred so the case will not be able to proceed. We ask the matter to be postponed to 26-28 October 2026 as the already appointed dates for the case. This is beyond our control,” Adv Rafoneke said.

The application, however, immediately drew objections from the defence.

Advocate Letuka Molati, who represents Kamoli, told the court that the defence had not consented to the postponement and wanted that fact placed on record.

“My Lady, as the defence we want to place it on record that this postponement is being imposed on the defence because we have never agreed to it,” Adv Molati submitted.

Advocate Kabelo Letuka, representing Ramoepana, also insisted that the record should accurately reflect the reason for the postponement.

“My Lady, it should be stated that the matter is postponed because the presiding judge is not available, not that it is postponed by agreement,” he said.

Justice Ralebese nevertheless postponed the matter, saying the trial could not proceed in the absence of the presiding judge.

“Counsel, the matter is postponed to October 26-28 for the continuation. Today the matter cannot proceed because the presiding judge had a family emergency to attend to in his hometown,” she ruled.

When the trial resumes, Kamoli is expected to continue presenting his defence evidence while being questioned by his lawyer.

The latest postponement adds to a series of delays in a case that dates back to the political turmoil of 2014.

Earlier this year, the five accused mounted a major challenge to the Crown’s case, arguing that the prosecution had failed to present sufficient evidence linking them to the attacks.

In May, lawyers representing Kamoli and his co-accused—Advocates Molati, Karabo Mohau KC, Letuka, Napo Mafaesa and Rasekoai Thoahlane—argued that the Crown had failed to establish a prima facie case requiring the accused to enter their defence.

They urged the court to acquit their clients, arguing that the evidence led did not meet the required legal threshold.

Justice Hungwe rejected the application in a ruling delivered on 29 May 2026, finding that Crown counsel Advocates Rethabile Setlojoane and Rafoneke had established a case for the five accused to answer.

The ruling cleared the way for the defence stage of the trial, with Kamoli subsequently taking the witness stand.

The matter will now return to court on 26 October, with the defence expected to resume its evidence.

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