Murder-accused Democratic Congress (DC) legislator, Thabiso Lekitla, has suffered a legal setback after the Court of Appeal dismissed his bid to have High Court Judge, ‘Mabatšoeneng Hlaele, removed from presiding over his murder trial.
Mr Lekitla, who is accused of murdering Mopeli Rapholo in 2020, had approached the apex court through his lawyer, Advocate (Adv) Motiea Teele KC, accusing the judge of bias and inappropriate conduct during proceedings last year.
He wanted the Court of Appeal to order that his trial proceed before a different High Court judge. But in a stinging judgment, the appellate bench — comprising Court of Appeal President Kananelo Mosito and Justices Phillip Musonda and Johann van der Westhuizen — threw out the appeal, ruling that there was no basis for Justice Hlaele’s recusal.
Adv Teele had argued that the judge’s criticism of his co-counsel, Adv Lepeli Molapo, during a 2 September 2024 hearing, showed clear bias. The confrontation arose when the defense sought a post-ponement of the trial to allow Mr Lekitla to settle outstanding legal fees.
He contended that Justice Hlaele’s comments, including that it was “not her problem” that the accused had failed to properly instruct his lawyers, reflected a prejudiced attitude — and that referring to his political position suggested she viewed him as seeking to exploit his parliamentary status to delay justice.
Justice Hlaele, however, dismissed the recusal application in October 2024, describing the legislator as “overly sensitive” — a decision that triggered the appeal.
