The accusation against the DPP was made by Monaheng Rasekoai, the lawyer for former Prime Minister Thomas Thabane's relatives, who are appealing a controversial decision to grant his wife, Mrs Thabane, bail after she appeared in court in February for murder.

Mr Thabane's grandson, Thomas Thabane Jr and the ex-premier's nephews Khauhelo Molapo, Thuto Makhooane and Ms Sibolla herself then teamed up to file an appeal in the Court of Appeal for an order to set aside Justice Mahase's decision to grant 'Maesaiah bail.

Justice Mahase, Ms Thabane, the DPP, the Attorney General and the Commissioner of Police are the first to fifth respondents respectively in the apex court application.

The applicants, through attorney Rasekoai, argued that the office of the DPP was hardly granted an opportunity to oppose Ms Thabane's bail on 5 February by Justice Mahase.

Adv Molapo instead blamed police investigators for only instructing the DPP to oppose bail on the grounds that Ms Thabane was a flight risk without putting other considerations into account such as her potential to interfere with witnesses.