Cannabis firm sues police over M1.2 million seized consignment 

Moorosi Tsiane 

LERIBE-based cannabis company Banel (Pty) Ltd has approached the High Court seeking the release of 500 kilograms of medicinal cannabis worth more than M1.2 million, which it alleges has been unlawfully detained by the Lesotho Mounted Police Service (LMPS) for several months. 

The company says the consignment, imported from Thailand under government-issued permits, was seized by police at Moshoeshoe I International Airport in February this year and has since been held at Police Headquarters without lawful justification. 

In an urgent application filed this week, Banel’s managing director, Kananelo Ntabejane, cited the Officer Commanding the Drugs and Diamonds Unit, Sub-Inspector Mofolo, Superintendent Bokopane, Police Constable Mohafisa, Commissioner of Police Borotho Matsoso and Attorney General Rapelang Motsieloa as respondents. 

According to court papers, Banel obtained an import permit on 27 February 2026 authorising it to import 500 kilograms of medicinal cannabis from Thailand valued at US$75,000 (about M1,229,474.26). 

The shipment comprised various cannabis strains, including OG Kush, Cookie Gelato, Sugar Bomb Punch, Meringue, Flash Mob, Northern Lights and 5280, imported as dried flowers for medicinal and pharmaceutical processing at the company’s licensed facility in Ha Lechesa-Masaleng, Peka, Leribe. 

Mr Ntabejane says the consignment arrived through Moshoeshoe I International Airport, where the company’s clearing agents paid all the required customs duties and taxes before collection. 

However, instead of being released to the company, the shipment was allegedly taken by police officers. 

“Upon my arrival at the Moshoeshoe I International Airport to collect the consignments I was shocked to learn from the Revenue Services of Lesotho personnel that members of the Lesotho Mounted Police Service had come to collect them,” Mr Ntabejane states in his affidavit. 

He says that after contacting one of the officers, he was assured that the cannabis would only be retained temporarily. 

“The said police officer confirmed that they collected the said consignment; they are going to count it and will only release it to me thereafter,” Mr Ntabejane claims. 

Weeks later, Mr Ntabejane says he was summoned to Police Headquarters where officers were counting the cannabis. By the time he arrived, he alleges, they had already opened the shipment. 

“Upon my arrival, they had already opened it and were about to finish counting. He told me they were counting it to confirm the correctness of its quantity.” 

He says he was asked to submit all documents proving the legality of the shipment, which he did, before being instructed to leave. 

Despite complying with every request, Mr Ntabejane says the police have refused to release the cannabis. 

“After some time in the middle of June 2026 I went to Police Headquarters to demand the release of the consignments, but I was simply told by the same police that his hands were tied and he could not release them. He did not give me any reason for detaining them.” 

Mr Ntabejane argues that the cannabis has remained in police custody without any lawful basis despite the company possessing all the licences and permits required under Lesotho laws. 

He maintains that Banel is a duly registered cannabis company licensed to manufacture, extract, process, store, distribute, import and export pharmaceutical, medicinal and botanical cannabis products. Therefore, he claims his company is the lawful owner of the consignment and is legally entitled to possess it. 

“The consignment is the lawful property of the applicant who can lawfully possess it. The products are needed for purposes of conducting the business in terms of the licence issued.” 

He further warns that the prolonged detention of the cannabis is exposing the company to substantial financial losses. 

“The products will continue to deteriorate, stagnate and get spoiled in the police offices. They may get lost or end up being damaged or stolen.” 

According to Mr Ntabejane, medicinal cannabis is highly sensitive and must be processed promptly. 

“They are sensitive products which need to be processed at the earliest opportunity before they lose value or get spoiled. Their damage will cause irreparable harm to the applicant because they are delicate, expensive and the applicant would lose business.” 

He says the seizure has effectively brought the company’s operations to a standstill. 

“The said business is halted, to our detriment, as a result of its seizure and detention.” 

Mr Ntabejane further accuses the police of acting unlawfully by confiscating the cannabis without obtaining a search and seizure warrant. 

“The respondents neither had nor exhibited to me the search and seizure warrant when they seized and detained the said goods. The seizure is therefore arbitrary and against the law.” 

He also argues that the police failed to properly exercise their statutory powers before confiscating the shipment. 

“The decision to seize and detain the said goods is irregular and illegal and ought to be reviewed and set aside.” 

Mr Ntabejane contends that the continued detention of the cannabis violates constitutional protections against arbitrary deprivation of property as well as provisions of the Drugs of Abuse Act. 

He wants the High Court to declare the seizure and continued detention unlawful and order the immediate release of the cannabis from Police Headquarters. 

“The balance of convenience is in favour of granting this application and no one will suffer prejudice thereby.” 

He also asks the court to compel the police to release the cannabis so it can be processed for its intended medicinal and pharmaceutical purposes, arguing that every day it remains in police custody exposes the company to mounting financial losses. 

The police had not yet filed responding papers at the time of publication. 

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