Lesotho Prime Minister Murder Case Could Have Canon Law Consequences

The prime minister appeared in court on Monday, Feb. 24, sitting in the public gallery with his second wife, while his lawyers argued he should be given immunity from prosecution, and that filing criminal charges against a sitting prime minister raised constitutional questions which the country’s high court would need to resolve before the case could proceed.

A spokesman for Thabane said that “the prime minister is protected by the constitution,” though conceding he is not “above the law.” 

“This whole exercise is just meant to embarrass [Thabane] and nothing else,” he said.

Paleka Mokete, Maseru’s Deputy Commissioner of Police told CNN that there is a “strong case” against the prime minister for the murder of his wife.

Thabane, 80, had previously announced that he would step down in July, and indicated that he wished to retire from public life. A spokesman for the prime minister said these plans remained unchanged.

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In addition to the political and criminal repercussions of the case, the Thabane murder charges could have canonical effects.

Thomas and Maesaiah Thabane married in the Catholic Church shortly after Lipolelo’s murder. Lipolelo’s death brought the ongoing divorce proceedings to a close and made the marriage possible. Before the killing, Thomas Thabane was attempting to obtain legal recognition for Maesaiah as first lady, despite being still legally married to his first wife, a move Lipolelo was blocking.

Canon 1090 of the Code of Canon Law provides that “Anyone who with a view to entering marriage with a certain person has brought about the death of that person’s spouse or of one’s own spouse invalidly attempts this marriage.”

In fact, the canon continues that “those who have brought about the death of a spouse by mutual physical or moral cooperation also invalidly attempt a marriage together,” even if the collaborators didn’t intend to marry.

If either or both of the Thabanes are found to be responsible for the death of Lipolelo, it could result in a determination of invalidity by a canonical tribunal.

The ecclesiastical promoter of justice in the Archdiocese of Maseru can petition the archdiocesan tribunal to consider the validity of the marriage, if he believes it is in the public interest to do so. The promoter of justice could not be reached before publication.