as two Chinese accused remain on the run
Hopolang Mokhopi
THE M5 billion Khubetsoana drug case has failed to proceed this week due to the continued absence of two of the accused who remain fugitives from the law.
The two Chinese nationals, Chen Minglevu and Yang Xiong Kang, have been wanted by police since they absconded last month.
Maseru Magistrate Lebusa Tšosane has remanded the case to 16 November after ruling that proceedings could not continue in their absence, as they remain at large since he issued their warrants of arrest on 22 September 2026.
The case was scheduled for the hearing of an application to quash and set aside the charges against the accused. However, Senior Crown Counsel Advocate Keketso Motiki told the court that the prosecution could not proceed while some of the accused were not before it.
The warrants against Minglevu and Kang were issued after they failed to appear at an earlier hearing of the application.
Their co-accused, Basotho National Party (BNP) leader Machesetsa Mofomobe, Ministry of Trade, Business Development and Industry senior industry development officer Kemang Masupha and Chinese national Chen Wei appeared before the court.
Opposing the postponement, defence counsel, Advocate Christopher Lephuthing, argued that the court had exhausted its powers under Section 239 of the Criminal Procedure and Evidence Act and that further delays violated the Speedy Trial Act.
He argued that the application to quash the charges could proceed without the two absent accused and that their failure to appear should not prejudice those who were present.
“Whether A3 and A4 (Minglevu and Kang) are not before court, whatever is supposed to be ventilated here will in one way or another affect them, then you postpone this matter in order to secure their presence through warrants of arrest,” Adv Lephuthing submitted.
He questioned the magistrate’s decision to remand the matter to November, arguing that the case had already exceeded the prescribed period for progress.
“The court should remember that they have 90 days from June, when you now take us to 16th November we are out of time. So what discretion is this now Your Worship exercising? This decision is not aligned to the Constitution anymore,” he said.
Adv Lephuthing further argued that investigations were incomplete when the accused were charged and that the court should consider the legal implications of prolonging the proceedings.
Magistrate Tšosane, however, maintained that the matter could not proceed without all the accused being present.
“I’m not postponing the matter, but I am remanding these accused persons to the 16 November pending the arrest,” he said.
Minglevu and Kang are jointly charged with Wei, their company Stan Dar (Pty) Ltd, Masupha and Mofomobe over the alleged operation of a clandestine drug laboratory at Lifariking, Khubetsoana.
The six face three counts involving the alleged unlawful manufacture of drugs of abuse, the importation of medicines and medical devices without the required licences, and the discharge of hazardous chemicals into the environment in breach of prescribed regulations.
The Crown alleges that between August 2025 and March 2026, the accused manufactured and distributed substances including ephedrine, pseudoephedrine, methcathinone and methamphetamine. They are also accused of importing medicines and medical devices through the Maseru Border Post without the necessary licences.
The case stems from a February 2026 raid by the Maseru Central Beat Patrol Unit on a rented workshop in Lifariking, where police allegedly discovered about 7.5 tonnes of chemicals associated with the manufacture of crystal methamphetamine and ecstasy, with an estimated street value of M5 billion.
Mofomobe, who was joined to the case last month, is accused of facilitating the acquisition of the premises allegedly used for the laboratory. He denies wrongdoing and has described the case as persecution.
All the accused were released on M5000 bail and M50 000 surety.