Constitutional Court Postpones QMMH–PAC Case to February, Declines Urgent Hearing

The Constitutional Court has ruled that the case in which the management of Queen Mamohato Memorial Hospital (QMMH) is suing Parliament’s Public Accounts Committee (PAC) should not be heard on an urgent basis. Instead, the matter has been postponed to 17 February next year.

QMMH management alleges that the PAC subjected them to harassment during its proceedings and posed irrelevant questions beyond the scope of their summons.

Their lawyer, Advocate Christopher Lephuthing, argued that the PAC acts unlawfully when it interrogates individuals on matters for which it has no certainty or supporting evidence. He said the summons issued to the hospital management was strictly intended for them to respond to issues raised in the Auditor-General’s report up to the end of March 2022, and not to unrelated matters.

Meanwhile, the court directed both parties to use the Christmas recess to prepare and finalize all outstanding documents. This followed revelations during proceedings that neither side had complete pleadings properly filed on record.

Speaking after the court session, PAC chairperson Mrs Machabana Lemphane-Letsie said she was satisfied with the outcome, adding that the case could otherwise set a dangerous precedent on how public servants who refuse to comply with parliamentary directives are handled.

The matter is being heard before Judges Sakoane Sakoane, Moneuoa Kopo and Fumane Khabo.