Ntsebeng Motsoeli

THE Public Accounts Committee (PAC) this week lambasted the police and the Directorate on Corruption and Economic Offence (DCEO) for allegedly failing to follow up and prosecute alleged corruption cases against people in high offices.

PAC chairperson Selibe Mochoboroane and his committee accused the police and the DCEO of failing to investigate the corruption cases that were unearthed during the PAC sessions since 2018.

Mr Mochoboroane said the police and the DCEO’s reluctance to investigate the cases appeared to lend credence to allegations in some quarters that they feared top government officials and would not dare touch them even when there was evidence against them.

The PAC chairperson said this when police and DCEO representatives were summoned to appear before PAC to update the parliamentary committee on their progress in following up on corruption cases.

Among the cases brought to the police and DECO’s attention was the alleged embezzlement of M32 million from the Lerotholi Polytechnic and M690 million from the National Manpower Development Secretariat (NMDS) during the period under review. The cases were forwarded to the police and DCEO by PAC after it had scrutinised the Auditor General’s reports for the 2013/2014, 2014/2015 and 2015/2016 financial years.

The PAC also demanded an update from DCEO Director General, Mahlomola Manyokole, and Deputy Police Commissioner, Paseka Mokete, on the M5 million that was allegedly misappropriated by the ceremonies committee for His Majesty, King Letsie III’s 50^th birthday in 2013. A Home Affairs ministry official, Khahliso Soro, was found dead in September 2018 after threatening to implicate senior ministry officials in the issue.

Mr Mochoboroane said the reluctance by the police and the DCEO fuelled widespread perception that the police and the DCEO feared investigating and prosecuting top government officials.

“There is a perception that you are afraid of senior official especially ministers,” Mr Mochoboroane said.

“You do not open or investigate criminal cases against them even when the evidence points straight at them. You have still not done much on many cases even though we (PAC) have provided with our findings on which you have made follow ups.

“It is common knowledge that your offices do not make investigations against cabinet ministers until they have vacated their offices. This sends a bad message about these offices which should hold people accountable for public funds. Criminal investigations must be launched against cabinet ministers. Even the prime minister can be investigated. The only person who cannot be prosecuted is the king,” Mr Mochoboroane said.

Another PAC member Likopo Mahase said: “You are making excuses because you do not want to comply with the resolutions of the parliament. This is annoying. You must comply and hold people accountable”.

“The parliament has spoken and we want all these cases investigated and prosecuted.”

Adv Manyokole defended the DCEO, saying they did not fear anyone.

“I can assure this committee that we are not scared of anyone and we are capable of making investigations against people who are implicated in corruption practices,” Adv Manyokole said.

He appealed to PAC to allow the DCEO to report back in 30 days’ time.

On his part, Deputy Police Commissioner Mokete said the police were not compromised and they did everything possible to investigate cases whenever there was evidence.

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Mohalenyane Phakela

THE three foreign judges who were recruited by the government to preside over high profile murder and attempted murder cases involving politicians and serving and former members of the national security agencies were paid their salaries at the end of last month.

Two months ago, two Botswana judges, Justices Onkemetse Bashi Tshosa and Kabelo Kenneth Lebotse, were sworn in by the Acting Chief Justice, ‘Maseforo Mahase, as government moved to ensure that the much-delayed high-profile criminal trials got underway.

They joined Zimbabwean judge, Justice Charles Hungwe, who was the first to be sworn in January 2019.

A fortnight ago a local weekly quoted well-paced sources saying the judges might quit after a deadlock with the government over their salaries and benefits.
The judges had not been paid for the past two months due to delays that have exposed the shocking bureaucracy within the government.

The Lesotho Times followed up on the story with an analysis a week later titled: “Thabane needs to urgently tackle problems in judiciary”. Analysts who spoke to this publication that Prime Minister Thomas Thabane needs to urgently address the grievances of the foreign judges because the country cannot afford the loss of confidence in the judicial system and the attendant consequences including the collapse of the rule of law and the resultant flagging of Lesotho as an investment risk.

This week, the Public Relations Officer of the Judiciary, Mabohlokoa Mapikitla, told the Lesotho Times that although there were delays, the three judges were paid at the end of September for that month and the previous month when they started work.

“It is not true that the judges have not been paid and those claims are impacting negatively on the judiciary,” Ms Mapikitla said.

“Their salaries may have been delayed but at the end of September they got their monthly salaries for August and September. I cannot disclose how much they were paid as a person’s salary is confidential issue with employer,” Ms Mapikitla said.

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Mohalenyane Phakela

THE much-anticipated All Basotho Convention (ABC) expulsions case will now be heard next week on 23 October 2019.

High Court judge, Justice Tšeliso Monapathi, set the date on Monday after listening to submissions from lawyers representing “expelled” ABC deputy leader, Professor Nqosa Mahao, and his four co-applicants as well submissions from the defendants’ lawyers.

Prof Mahao’s co-applicants are fellow ABC’s NEC members, Lebohang Hlaele (secretary general), Samuel Rapapa (chairperson), Montoeli Masoetsa (spokesperson) and ‘Matebatso Doti (deputy spokesperson).

The respondents are ABC leader and Prime Minister Thomas Thabane, the ABC, the ABC’s National Executive Committee (NEC), Dr Moeketsi Majoro (who was appointed by Dr Thabane to replace Prof Mahao), Kemiso Mosenene (who was appointed chairperson in place of Mr Rapapa), Sentle Rabale (who was appointed spokesperson in place of Mr Masoetsa) and Joel Mohale who was appointed deputy spokesperson in place of Ms Doti.

Prof Mahao and his colleagues are challenging their 17 June 2019 “expulsion” from the ABC by Dr Thabane. They are represented by Advocates Koili Ndebele and Mabatṧoeneng Hlaele while Dr Thabane and the other respondents are represented by Advocates Rethabile Setlojoane and Rapapa Sepiriti.

The two sets of lawyers agreed on the 23 October 2019 date when they appeared in court on Monday.

They settled on the date to allow the court to first hear an application by Dr Thabane’s legal team to file more affidavits in support of their application for the rescission of Justice Monapathi’s interim order blocking the “expulsions” of the Mahao faction from the ABC.

The judge issued the interim order blocking the “expulsions” on 4 September 2019. But before the main case dealing with the merits of the expulsions is heard, Dr Thabane’s side wants that interim order rescinded in the meantime.

On Monday, the applicants and respondents’ lawyers agreed that Dr Thabane’s lawyers will file their affidavits on 18 October 2019 and Prof Mahao’s legal team should file their response by 21 October 2019.

After hearing the two sets of lawyers’ submissions on Monday, Justice Monapathi then set 23 October 2019 as the date for hearing the main case of the “expulsions”.

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Mohalenyane Phakela

THE second session of the Court of Appeal got underway on Monday 14 October 2019 and is expected to end on 1 November 2019 when the court delivers its judgements.

Led by its president, Justice Kananelo Mosito, the court will hear 47 cases from 14 to 25 October 2019. The bench also comprises of other judges drawn from various Southern African countries such as the Zimbabwean duo of Justices Moses Chinhengo and Tafuma Mtshiya, Phillip Musonda (Zambia), Petrus Damaseb (Namibia) and Johan Van Der Westhuizen from South Africa.

After concluding the hearing of appeals on 25 October 2019, the judges will use the following day to write their judgements which will then be delivered on 1 November 2019.

One of the better-known cases before the court in its final 2019 session is that of the Director of National Security Services (NSS), Pheello Ralenkoane, who is challenging a High Court decision ordering the reinstatement of 77 NSS officers who were fired in January 2018 by the Thomas Thabane administration.

The 77 officers were appointed by the previous Pakalitha Mosisili-led seven parties’ coalition but they were fired by the current governing coalition allegedly because they had been hired on political grounds. Tumo Lekhooa, who fled the country in 2017, was the NSS boss at the time the 77 officers were hired.

Part of the letter confirming the termination of their employment states that, “After considering your irregular employment into the National Security Service (NSS) … take notice that you are hereby discharged from the service with effect from 1 January 2018”.

In the notice of motion they filed in the High Court on 26 February last year, the dismissed officers asked the court to declare their expulsion as “null and void and of no force in law”.

They also asked the court to order their reinstatement with full pay from February 2018 as they allege they were last paid in January 2018.

They eventually won their case in the High Court in May 2019 when Justice Semapo Peete ruled that Mr Ralenkoane had acted unlawfully by terminating their employment.

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Pascalinah Kabi

FORMER Independent Electoral commissioners, Mahapela Lehohla, ‘Mamosebi Pholo and Makase Nyaphisi yesterday lost their Constitutional Court bid to remain in office pending the finalisation of processes to appoint their successors.

In dismissing their application, the Constitutional Court bench comprising of Acting Chief Justice, ‘Maseforo Mahase, and Justices Lebohang Molete and Keketso Moahloli, ruled that there was no constitutional basis to their application and the trio could have approached the ordinary courts for relief.

Former IEC chairperson, Justice Lehohla, and former commissioners Adv Pholo and Dr Nyaphisi’s contracts expired in January 2019 and the government refused to renew them.

The trio filed their application seeking to remain in office in response to the July 2019 Constitutional Court application by the Transformation Resource Center (TRC) and two others for the nullification of the appointment of Workplace Solutions as the consultants in the recruitment of new IEC commissioners.

The TRC’s co-applicants are IEC hopeful, Maieane Khaketla, and the African Ark, one of the political parties involved in the processes to recruit and appoint new commissioners.

The TRC wants the court to order the recruitment exercise of the new IEC commissioners to be re-done with the active participation of civic groups through a public interviewing process. The TRC also wants a final order which nullifies the appointment of Workplace Solutions as the consultants in the whole recruitment exercise.

The TRC contends that Workplace Solutions was awarded the tender without following proper bidding processes in contravention of the Public Procurement Regulations of 2007.  It has been suggested the firm did not even have a tax clearance certificate. The Council of State has been interdicted against advising His majesty King Letsie III to appoint new IEC commissioners pending the finalisation of the TRC and others’ application.

It was on the basis of the TRC’s court application that former chief Justice Lehohla, Advocate Pholo and Dr Nyaphisi approached the Constitutional Court for an order compelling the government to allow them to remain in office until the appointment of new commissioners.

However, Justices Mahase, Molete and Moahloli dismissed their application yesterday.

“The application is dismissed,” the Constitutional Court ruled.

“It (the application) is defective for many reasons suffice to say that applicants can get relief in the High Court exercising its ordinary civil jurisdiction and…there is abundant authority to the effect that the Constitutional Court should not be approached where ordinary courts have jurisdiction.

“Applicants ceased to be the chairman and commissioners of the IEC in January 2019.

“The delay in appointing substitute commissioners is not their problem and does not authorise them to litigate as the IEC in this case. A fixed term or appointment comes to an end upon expiry of their period. The fact that applicants stayed in office beyond their stipulated 5 year period does not make it legal; and particularly being aware that their offer to continue as commissioners had been rejected. Any expectation they may have had to continue should have been dispelled by that rejection,” the Constitutional Court ruled.

The IEC is currently operating without commissioners and the delay in appointing new commissioners has plunged the country’s electoral management system into serious jeopardy at a time when fresh elections appear inevitable in light of the infighting in the All Basotho Convention (ABC) and the impending vote of no confidence against Prime Minister Thomas Thabane.

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Pascalinah Kabi

THE government’s insistence on hiring a South African lawyer, Advocate Guido Heinz Penzhorn, to defend Acting Chief Justice ‘Maseforo Mahase in the impeachment case brought against her by All Basotho Convention (ABC) secretary general, Lebohang Hlaele, has come back to bite it.

This after the Durban-based lawyer demanded M212 285, 58 for his work on the case so far.  The amount includes a M24 000 claim for four hours’ work for consultation and perusal of documents related to the case. Adv Penzhorn also wants M54 000 for appearing at the High Court sitting as the Constitutional Court on 2 October 2019.

The lawyer’s claims are contained in an invoice titled: Memorandum of Fees due to: GH Penzhorn SC which was seen by the Lesotho Times this week.

Adv Penzhorn was engaged by the government last month to defend Justice Mahase in a case where Mr Hlaele wants the Constitutional Court to compel the Judicial Service Commission (JSC) to impeach the acting chief justice over her alleged impropriety in the handling of cases relating to the power struggle in the fractious ruling party.

ABC leader and Prime Minister Thomas Thabane and his party deputy, Professor Nqosa Mahao, are locked in vicious struggle for control of the party. The infighting which began after Dr Thabane and some party bigwigs rejected Prof Mahao’s candidature and subsequent election as ABC deputy leader, has seen Dr Thabane “expelling” Prof Mahao, Mr Hlaele, chairperson Samuel Rapapa, Montoeli Masoetsa (spokesperson) and ‘Matebatso Doti (deputy spokesperson) from the party. Mr Hlaele and others were “expelled” for backing Prof Mahao in the power struggle.

However, the five have refused to accept their “expulsions” and they have instead “suspended” Dr Thabane from the party for six years. The infighting has also sparked court litigations and counter-litigations. Justice Mahase has handled some of the court cases and she has been accused of bias by the Mahao faction hence Mr Hlaele’s application for her impeachment.

Attorney General, Haae Phoofolo, the JSC and His Majesty, King Letsie III are also cited as respondents in Mr Hlaele’s application.

Adv Phoofolo recently told this publication that the government was in negotiations with a law firm to represent Justice Mahase in the case that will decide whether or not she remains as acting chief justice.

It has since emerged that the government, at the behest of Justice Mahase, settled for Adv Penzhorn who is demanding M212 285, 58 for services rendered thus far. It remains to be seen how much the final bill will be but Justice Mahase would not have to worry about the humongous legal fees that might ensue as the government will pick up the tab.

Adv Penzhorn’s 10 October 2019 invoice to the government indicates that for now he wants M212 285, 58 for the work he did from 29 September to 10 October 2019.

The amount is broken down as follows: M24 000 for four hours of perusing documents and consultation on 29 to 30 September 2019, preparation and travel form Durban to Maseru and Maseru to Durban (M60 000) and M54 000 for his appearance at the High Court in Maseru on 2 October 2019.

There are further charges of M60 000 charge for the 10 hours Adv Penzhorn spent preparing heads of argument from 7 to 10 October 2019. He also wants M11 575, 22 for flight tickets and accommodation at OR Tambo International Airport, M2 710, 36 for accommodation at Avani Lesotho from 2 to 3 October 2019 as well as M1200 for typing documents for four hours.

The invoice is addressed to the Attorney General and the Ministry of Law and Constitutional Affairs.

Well-placed sources say Adv Phoofolo, who was initially against paying Justice Mahase’s fees, only made an undertaking that government would foot her legal fees after clashing with Dr Thabane who allegedly threatened to dismiss him if he did not ensure Justice Mahase’s bills were paid by the state.

The sources said Adv Phoofolo argued that Justice Mahase should foot her own legal fees just like suspended Chief Justice Nthomeng Majara who is said to have paid her own bills in her ongoing legal battle with Dr Thabane who wants her impeached for alleged gross misconduct.

While the sources maintained that he had been pressured by the premier, Adv Phoofolo denied that he had agreed to the state assuming Justice Mahase’s bills after being threatened with dismissal by Dr Thabane.

“I have not been instructed to do that (undertaking to pay bills) but we are going to pay her (Justice Mahase’s) legal costs,” Adv Phoofolo recently told the Lesotho Times.

“It is not true that there was an argument regarding this matter.” Asked why the government was paying Justice Mahase’s legal costs when Justice Majara paid for herself, Adv Phoofolo said the cases were not similar and “I don’t want to talk about that lady (Justice Majara)”.

Law and Constitutional Affairs Minister, Habofanoe Lehana, did not respond to the Lesotho Times’ inquiries on the issue despite promising to do so yesterday.

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Pascalinah Kabi

DOCTORS have indefinitely suspended critical emergency services at all government hospitals to protest the government’s failure to address their demands for the provision of adequate medical equipment to enable them to do their work.

The doctors are also protesting the government’s failure to increase their allowances for working outside the normal hours.

They are unhappy with their employer for suspending Leribe District Medical Officer, Dr ‘Malitaba Litaba, instead of addressing her demands for provision of medical equipment.

Dr Litaba raised concerns over the deterioration of services at Motebang Hospital due to the government’s failure to provide the necessary resources to enable doctors and other medical staff to work optimally. But instead of addressing the grievance, raised in her 24 September 2019 letter to the Health ministry’s Principal Secretary, Thebe Mokoatle, the ministry reacted by suspending her.

In her letter, Dr Litaba said Motebang Hospital management had requested assistance from the ministry on three occasion since July 2019 but they never got any response.

“The main issue is lack of allocation for purchase, maintenance of public assets and the calling centre which has left the hospital with no basics to operate. The expected funds, if it will be allocated (sic)… will not cover the basics and we will have to suspend other services,” Dr Litaba states in her letter.

“Security services cost M260 000 per quarter, laboratory reagents cost M100 000, x-ray films cost M96 000 and other items like cleaning materials M100 000 and oxygen cylinder rentals cost M60 000 all of which has to be covered by the M300 000 allocated per quarter. We can forgo security services and procure other essential items but that will result in suspension of after-hours duties due to safety concerns of staff.”

She went on to inform Mr Mokoatle that there were currently no diagnostic services, security services, cleaning materials and oxygen services at Motebang Hospital. She said they were left with no option but to suspend emergency services at night to ensure that medical experts were safe at all times.

She said the hospital staffers recently experienced an influx of armed people accompanying shooting victims and there had also been several incidents where doctors could have been attacked due to lack of security at the casualty department.

She warned  they would soon be forced to suspend the admissions of new patients “and work on the discharge of already admitted patients”.

“This is a result of lack of cleaning materials and thus a high risk of cross infections.

“It is also very difficult to provide outpatient services without x-rays let alone emergency services especially trauma. Dialysis services have been expanding leading to exhaustion of resources. Currently new patients are not enrolled to dialysis due to lack of staff to care for new patients.”

In another letter dated 27 September 2019, Dr Litaba informed PS Mokoatle that “the (hospital) reports show incidences of attacks on health workers by patients and relatives during weekends and after hours”.

“Without security services we have therefore reached a conclusion of providing services only from 8:00 hours to 16:30 hours from Monday to Friday till a solution for providing a safe working environment is reached,” she said.

However, PS Mokoatle did not take kindly to Dr Litaba’s letter and responded by suspending Dr Litaba with effect from 2 October 2019.

“This letter serves to inform you that, as of the date of this letter, you have been suspended from work until further notice.

“After the receipt of your (27 September 2019) memo, you (Dr Litaba) were instructed by your superiors from the Ministry’s headquarters not to suspend the (medical) services as your concerns would be looked into but you failed to do so. Later that same day you were instructed to recall the doctors who were supposed to be on duty but you failed and/or neglected to comply.

“Following your instructions, on that same night (27 September 2019), casualty and maternity departments were closed. This led to one expectant mother being turned away by the nurses who were at wards, and the death of another person who was stabbed with a knife who died at the hospital’s main gate. These unfortunate events could have been avoided but for your instructions,” PS Mokoatle states.

However, fellow doctors countrywide reacted by giving the government up to 11 October 2019 to lift Dr Litaba’s suspension, failing which all government doctors would suspend emergency services countrywide.

Acting Lesotho Medical Association spokesperson, Dr Joseph Masheli, said the government ignored their ultimatum, adding, “It is appalling that the ministry decided to suspend one of our own for raising pertinent issues that we have been complaining about for years now. The issues she raised in her memo were collectively written by doctors in the (Leribe) district”.

Dr Masheli however, said they were not on strike. He said they had only resolved to suspend after hours services to protest Dr Litaba’s suspension and the failure to address other grievances including demands for housing and overtime allowances and lack of medical equipment in government hospitals.

“We are not on strike. We have indefinitely withheld ‘call time’ or after hours services. Doctors in this country are like orphans because we have been crying but the Ministry of Health is not lifting a finger to address our grievances. Senior officials in the ministry are not moved by our grievances.

“Instead of addressing our grievances, they are unfairly suspending Basotho doctors from work. The District Medical Officer in Leribe (Dr Litaba) was suspended after doctors in the district sat down and wrote their grievances.

“The grievances, which included lack of security and medical equipment like x-rays, were communicated to the ministry by Dr Litaba. Nurses and doctors complained that it was dangerous to work at night without security as some patients and their relatives are aggressive and dangerous. Instead of addressing these issues, Dr Litaba was suspended from work.

“This is why we have decided to suspend call time. She (Dr Litaba) took the initiative to alert the ministry on what is happening on the ground and this is how she was repaid. The Lesotho Medical Association has therefore decided to stand in solidarity with all doctors that are being victimised by suspending after hours services,” Dr Masheli said.

He said the LMA would only lift the suspension after the ministry had scrapped its requirement for doctors to work at least 75 hours per month to qualify for an overtime allowance of M600. He said that amount was “too little” considering the sacrifices doctors made under very dangerous conditions where there was no security.

He said the doctors were also angered by the ministry’s alleged refusal to pay them M8000 monthly housing allowances as per contractual agreements.

Rather than pay them, Dr Masheli said the ministry rented houses on behalf of the doctors’ and those houses were far from hospitals, forcing them to dig into their pockets to pay for transport to and from work.

He said they had written several letters to Mr Mokoatle and Health Minister, Nkaku Kabi, to no avail. Mr Kabi and PS Mokoatle’s mobile phones rang unanswered when the Lesotho Times called them for comment yesterday.

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Mohalenyane Phakela

IT never rains but pours for former army commander, Lieutenant General Tlali Kamoli.

Not only is the army commander set to spend a third Christmas in remand prison over a plethora of murder and attempted murder charges, he will be slapped with more charges in connection with the attempted coup of 30 August 2014 which resulted in the murder of Police Sub-inspector, Mokheseng Ramahloko.

Lt-Gen Kamoli’s murder trial, along with three others, in connection with the 30 August 2014 killing of Sub-inspector Ramahloko was supposed to kick off on Tuesday but Botswana judge, Justice Onkemetse Tshosa, postponed the case to 4 to 14 February 2020 and 9 to 20 March 2020.

This after the chief prosecutor, Advocate Shaun Abrahams, asked for the postponement to enable the state to add more charges as well as charge more suspects. However, Adv Abrahams did not say what the new charges would be or name the new suspects who would also be charged alongside Lt-Gen Kamoli and his co-accused, Captain Litekanyo Nyakane, Lance Corporal Motloheloa Ntsane and Lance Corporal Leutsoa Motsieloa.

“The accused, acting in concert with others committed serious offences on the day in question (30 August 2014) and the police had been investigating the cases separately,” Adv Abrahams told the court.

“During last week’s consultations, we found it fit not to separate the cases and further directed the police to take supplementary statements from the witnesses I had already interviewed and further obtain additional statements from new witnesses. The police docket for the second case is currently being translated and will be ready before end of this week.

“In the interest of justice and fairness, it is necessary for the crown to add more charges and the number of accused persons will also increase. It is under these circumstances that we request the matter to be postponed to 15 November for mention while we propose 4 to 14 February and 9 to 20 March 2020 as the trial dates.”

Lt-Gen Kamoli’s lawyer, Advocate Letuka Molati, replied by saying he “had nothing to say” and he would “meet the prosecution on the trial dates”.

Lance Corporal Ntsane’s lawyer, Advocate Lepeli Molapo, asked that they be served with the amended charge sheet as well as the witnesses’ statements before the 15 November 2019 remand date.

The Director of Public Prosecutions, Advocate Hlalefang Motinyane, attended the Tuesday court session. Also in attendance was the Lesotho Defence Force Major General Ramanka Mokaloba who calmly followed proceedings from the gallery.

Lt-Gen Kamoli has consistently demanded that Major-Gen Mokaloba be added to the list of suspects in a January 2014 attempted murder case. The former army commander alleges that he is innocent of the charges and Major-Gen Mokaloba is the mastermind of the 27 January 2014 simultaneous bombings of the Moshoeshoe II homes of First Lady Maesaiah Thabane and her then neighbour, ‘Mamoshoeshoe Moletsane, as well as the Ha Abia residence of former police commissioner, Khothatso Tšooana.

Lt-Gen Kamoli wants the state to say whether or not it will add Major-Gen Mokaloba to the list of the accused or alternatively turn him into a state witness.

In addition to these murder and attempted charges, Lt-Gen Kamoli also faces charges of murdering army commander, Lt-Gen Maaparankoe Mahao, in June 2015.

Lt-Gen Kamoli is accused alongside Captain Litekanyo Nyakane, Captain Haleo Makara, Sergeant Lekhooa Moepi, Sergeant Motsamai Fako, Corporal Marasi ‘Moleli, Corporal Motšoane Machai, Corporal Mohlalefi Seitlheko and Corporal Tšitso Ramoholi.

Former National Security Services (NSS) director and head of Military Intelligence, Tumo Lekhooa, is also among the accused, but has not attended any court session since he fled the country in 2017.

The 10 officers are accused of acting in common intention or purpose to murder Lt-Gen Mahao on 25 June 2015 in Mokema.

Furthermore, the 10 are accused of attempting to murder Lt-Gen Mahao’s nephews, Mahao Mahao and Mabilikoe Leuta, by shooting at a vehicle in which they were passengers.

They are also charged with damaging Lt-Gen Mahao’s vehicle during the same operation, a white Nissan half-truck, by firing at it with an automatic rifle.

Lt-Gen Kamoli is further charged with the theft of Lt-Gen Mahao’s 9mm pistol and Samsung Galaxy mobile phone.

Zimbabwean judge, Justice Charles Hungwe, recently set 6 January 2020 as the date for Lt-Gen Mahao’s murder trial.

Meanwhile, Captain Nyakane and Lance Corporal Motsieloa on Tuesday engaged in a tense exchange of words with Justice Lebotse after the judge demanded to know why their lawyers were not in court to represent them.

The duo told the judge that their lawyers were absent due to their failure to pay them and they had since requested the High Court registrar for assistance in paying them.

Justice Tshosa then asked whether they were still getting their salaries and Captain Nyakane asked why he wanted to know.

“Where is your question leading to?” Captain Nyakane asked.

The judge did not respond after Lance Corporal Motsieloa immediately interjected, asking to be excused from the court for an appointment with a doctor.

“May I be excused so I can go and see the doctor? I have an appointment today which was set four months ago and I cannot keep track of the doctor’s dates because my medical report booklet is kept away from me in prison,” Lance Corporal Motsieloa said.

Adv Abrahams responded by saying he had been told by Lesotho Correctional Services officers that the doctor’s appointment had been rescheduled to later in the afternoon.

After repeatedly telling Captain Nyakane and Lance Corporal Motsieloa to sit down, Justice Tshosa, who maintained his cool throughout, then reminded the two soldiers that they were in a court of law and he would not tolerate their indecorous behaviour.

“You have behaved in this fashion before and I will not tolerate that. Even if you are used to behaving that way, you are in a different forum now.

“Some semblance of respect must be exhibited by people your age,” Justice Tshosa said.

The judge then told the duo to ensure that they had lawyers for their remand hearing on 15 November 2019.

“You should make sure that on 15 November you come with your legal representatives failing which the registrar shall appoint pro deo counsels for you. Should you reject the chosen lawyers, you will have to represent yourselves.

“The matter is postponed to 15 November 2019 for mention and counsels make sure all necessary documents are exchanged by then. The trial dates are set for 4 to 14 February 2020 and 9 to 20 March 2020,” Justice Tshosa ordered.

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Mohalenyane Phakela

THE government has agreed an out of court deal to pay former ambassador to China, Lebohang Ntšinyi, all her terminal benefits and salary arrears after her contract was prematurely terminated in March 2018.

Ms Ntšinyi was one of five ambassadors who were appointed by the previous Pakalitha Mosisili-led seven parties’ coalition and recalled by the current Thomas Thabane administration in March 2018.

She was recalled along with Popane Lebesa (who was ambassador to Kuwait), Molefi Oliphant (United Kingdom), Mpeo Mahase (Belgium) and Kelebone Maope (United States of America).

Ms Ntšinyi’s contract was supposed to have ended in May 2019.

She subsequently petitioned the High Court to bar the government from prematurely terminating her contract but Justice Moroke Mokhesi dismissed her application on the grounds that she had failed to justify why she could not be recalled from China. She then challenged the High Court verdict in the Court of Appeal which heard the case on Monday.

The matter was heard by Justices Petrus Damaseb (presiding), Tafuma Mtshiya and Johan Van Der Westhuizen.

Ms Ntšinyi’s lawyer, Advocate Molise Molise, told the court that the government had offered to pay her salary arrears and her terminal benefits.

“We have agreed that the government will pay her outstanding salary for the unfinished time of her contract as well as her terminal benefits. We agreed that they will pay in the last quarter of this financial year which is between January and March 2020,” Adv Molise said.

Justice Damaseb then ordered that the out of court settlement be endorsed by the court.

Adv Molise however, asked the apex court to set aside the High Court’s verdict dismissing Ms Ntšinyi’s application to recall her before her contract had expired. The respondents in the matter are the Ministry of Foreign Affairs, the Ministry of Foreign Affairs’s Principal Secretary, Ministry of Public Service and the Attorney General.

“My client should not have been recalled before end of her contract because she explained to the government that terminating her contract would prejudice her children’s education.

“Although the government has powers to recall ambassadors, they have to do so in line with the terms of the contract. Some of the reasons (for terminating) are that she should have been found guilty of misconduct or found unfit to continue work and she ought to have been given three months’ notice.

“But the government‘s decision was only that she could not be trusted due to the mere fact that she was appointed by the previous regime. The court a quo (which first heard the case) misdirected itself in dismissing her application,” Adv Molise said.

However, the respondents’ lawyer, Advocate Dyke Thejane, argued that there was no reason for Ms Ntšinyi to approach the court as it had already been agreed that she would be paid out her contract. He further said that it was communicated to her that she was recalled because the government did not trust her.

“The appellant was the one who initiated the (out of court) settlement saying that she would only return home if she was paid for the remaining months of her contract and her benefits. In its 5 March 2018 recall letter, the government agrees to her demands.

“She was a political appointee who was entrusted by previous regime for reasons known to them but the current regime did not find her fit to push their foreign policy because they could not trust her.

“Section 143 (3) of the constitution gives the government powers to appoint and recall ambassadors at any time it wishes to do so,” Adv Thejane submitted.

Justice Damaseb reserved judgement to 1 November 2019.

The post Govt settles with fired ambassador appeared first on Lesotho Times.

’Marafaele Mohloboli

OPPOSITION Democratic Congress leader, Mathibeli Mokhothu, says he has nothing personal against Prime Minister Thomas Thabane and his bid to topple him is borne out of the singular aim of rescuing the country from misgovernance.

Mr Mokhothu said the misgovernance was so bad that some “fed up” senior officials in Dr Thabane’s own All Basotho Convention (ABC) had gone to the extent of filing a no confidence motion against him in parliament. Now that parliament had re-opened, the DC would support the motion to ensure Dr Thabane was toppled.

He said this while addressing a weekend DC rally in Lekokoaneng in Teyateyaneng.

Parliament re-opened last Friday after it had been indefinitely adjourned in June 2019 after Motebang Koma, the Koro-Koro constituency legislator from Dr Thabane’s own ABC party, filed the no confidence motion.

Mr Koma, who is one of the ABC legislators backing the party’s deputy leader, Professor Nqosa Mahao in his power struggle with Dr Thabane, was seconded by the DC’s deputy leader, Motlalentoa Letsosa, in the no confidence motion.

Mr Koma proposed that the ABC’s Mosalemane constituency legislator, Samuel Rapapa, takes over as caretaker prime minister.

Parliament had then been abruptly adjourned to save Dr Thabane from the no confidence motion and to give him the opportunity to resolve the power struggle in his fractious party.

Ahead of Friday’s re-opening of parliament, pro-Mahao ABC legislators and opposition leaders including Mr Mokhothu told the Lesotho Times that they would still push to oust Dr Thabane through a no confidence vote regardless of how long it took before the motion was tabled.

And on Sunday Mr Mokhothu reiterated his support for the no confidence motion, telling DC supporters in Teyateyaneng that “our stand is very clear and unwavering on the issue”.

“Now that parliament has re-opened…they should stop making excuses why the no confidence motion can’t be debated… They have lost numbers in parliament and if they doubt me, I dare them to allow debate on the no confidence motion this week and they will see what will become of them.

“We have nothing against Ntate Thabane as a person but we have a problem with the way he governs this country. He is an old man and we will always respect him for that. But we won’t just sit back and watch him bring this country into disrepute.

“Hence we say, we are ready for the motion of no confidence. He cannot avoid it forever and we won’t let him misgovern us forever. We are firm on that because we represent the people and can’t allow such a government to go on. We have filed a motion of no confidence and we are not going back on that.”

Mr Mokhothu said they would still push for Dr Thabane’s ouster regardless of how long the process took.

He said they would first push for a constitutional amendment to allow parliament to immediately elect a new prime minister upon a successful no confidence vote. In terms of existing laws, a premier who loses a no confidence vote has the choice of either resigning or advising the king to dissolve parliament and call for fresh elections.

“There is another motion that has been filed for the amendment of the constitution and I don’t know if Ntate Thabane realises that in essence, this is still a motion of no confidence. We will see if he will just sit back and watch people closing all the doors and windows around him and leaving him with no option but to go.

“It’s his choice. Either he advises His Majesty (King Letsie III) to dissolve parliament or he hands over power without any resistance. But he should be warned that the DC is ready for elections and no one will beat us.”

The 41 year-old opposition leader said those who mocked him saying he was too young to lead his party and the country were either ignorant of Lesotho’s history or had forgotten that King Moshoeshoe I was less than 35 years old when he founded the Basotho nation in the 19^th century.

“They forgot that King Moshoeshoe I, the founder of the Basotho nation, was below the age of 35 and he had just left initiation school.  They forgot that Jesus was only 33 when he died after preaching the word of God throughout the world.

“David was only a boy when he defeated Goliath and Dr Ntsu Mokhehle was only 34 when he founded the Basutoland Congress Party (BCP). I dare them to go to the elections against me and see if they will beat me.”

Mr Mokhothu also criticised the governing coalition for allegedly politicising the security agencies and preventing the police from investigating alleged acts of brutality against citizens as well as several murder cases including that of the former First Lady, Lipolelo Thabane, who was murdered by unknown gunmen in June 2017.

He also demanded investigations into the murders of former ABC legislator, Sello Machakela (gunned down in 2012), army commander Khoantle Motšomotšo, Brigadier Sechele Bulane and Colonel Tefo Hashatsi.

Lieutenant General Motšomotšo was assassinated by Brigadier Sechele and Colonel Hashatsi who stormed the army commander’s Ratjomose Barracks offices on 5 September 2017. The duo were said to be angry with Lt-Gen Motšomotšo who they accused of betrayal after he agreed to hand over some soldier wanted by the police for suspected crimes during the tenure of former army commander, Tlali Kamoli.

Brigadier Sechele and Colonel Hashatsi were subsequently gunned down by Lt-Gen Motšomotšo’s bodyguards.

And on Sunday Mr Mokhothu demanded to know how far the government had gone with the investigations and when “the murderers are going to be arrested?”

“Some security officers have been detained over political issues and their cases have still not been heard. They are not given bail as well. Other police officers are busy killing civilians day and night and instead of being disciplined, they are just transferred from one post to another.

“A DC government will not allow police officers to meddle in politics. We need them to… serve the nation. We will confiscate uniforms from any officer who does not abide by this and parade them naked on the streets.”

Mr Mokhothu also urged his followers to unite and avoid the divisions that had plagued the ABC and other parties.

“You should all hold hands because we need one another. We should forgive one another and fight our common enemy. Whenever they accuse you of wanting to go for elections which are costly, you should tell them this badly administered government is more costly and it is better to go for elections.

“We won’t let them misgovern us. The reason why they (ABC factions) don’t see eye to eye is because some of them can also see that we are being misgoverned. They are busy awarding among themselves tenders and dissolving boards of institutions just because they want to benefit. They are very corrupt and we know they will run away once they are no longer in power,” Mr Mokhothu said.

The post Mokhothu pushes for Thabane’s ouster appeared first on Lesotho Times.

Nthatuoa Koeshe

ECONET Telecom Lesotho (ETL) and the Lesotho National Life Assurance Company have upgraded their insurance policy from EcoSure Mpolokeng to EcoSure Re Bolokehile.

Launched in 2013, EcoSure Mpolokeng is was offered by ETL and underwritten by Lesotho National Life Assurance Company.

Since 2013, EcoSure Mpolokeng could only cover one person but the new EcoSure Re Bolokehile can take multiple beneficiaries through its family cover facility.

ETL chief executive officer (CEO) Dennis Platjies told the media in Maseru yesterday that the changes would ensure increased insurance penetration.

“These changes that will drive EcoSure to new heights encompass new products and partnerships within Lesotho and beyond,” Mr Platjies said.

He said the most anticipated change is the ability to cover family members under one policy which EcoSure Mpolokeng did not have.

“Customers can now cover spouses, biological and adopted children and parents for both the policy holder and spouse with one sim card whereas, previously, it was one sim card for one person.”

He said with the improved EcoSure funeral cover, policy holders can affordably cover dependents under any of the new premiums and the corresponding payable cover amount will be paid when such the dependent passes on.

For his part, Lesotho National Life Assurance Company managing director Joseph Letsoela said Econet has made life easy for Basotho.

“Insurance used to be a process of long procedures with lots of paperwork but Econet’s EcoSure has made things fast and simple because people can now register for insurance with their mobile phones without having to queue for long,” Mr Letsoela said.

He said in the modern day, it was important to align with technology as it made life easier. He said EcoSure was part of the technology that simplified people’s lives.

Mr Letsoela said he was happy that the partnership has grown from where they started off in 2013 as evidenced by the upgrade.

Acting head of department Econet services, ‘Makatleho Raphoolo said the minimum age to join the policy remains 18 years while the maximum covered age has been adjusted from 65 to 70.

She said the waiting period also remains six months for deaths caused by natural causes implying that a member is covered after six premium payments.

“Another exciting innovation on EcoSure is that customers can now register as sponsors to as many policy holders as they wish. This means that other people’s monthly premiums can automatically be deducted from the sponsors’ sim cards,” she said.

Yet another change is that for the M49 monthly subscription that has been reduced to M45 while the payout has been increased from M20 000 to M30 000.

“EcoSure has also introduced a new higher premium plan at M75 per month for a M50 000 payout. The M37 premium that used to pay out M15 000 cover together with the M25 are being replaced by the M30 plan which comes with M20 000 cover.”

She also noted that the M9 premium has been phased out with the lowest premium now M15 monthly while the benefits increase three-fold. That means for an additional M6 on the old M9 premium, the cover increases from M2 500 to M10 000.

“For those on the M14, an additional M1 doubles the cover from M5 000 to M10 000.

“These changes mean there is a huge increase in the cover and more flexibility on the conditions. We have listened to our customers’ request for a family cover product and Re Bolokehile is the answer.

“The idea is to keep improving the product and enhance value for our customers,” Ms Raphoolo said.

The post Econet improves EcoSure packages appeared first on Lesotho Times.

Bataung Moeketsi

LIQHOBONG Diamond Mine realised US$10, 6 million from the sale of 168 612 carats worth of diamonds in the first quarter of its 2019/2020 financial year which ended on 30 September 2019.

This was revealed by the company’s majority shareholder Firestone Diamonds who also said that the figure represented a substantial decrease from the US$12, 7 million realised from the sale of 177 521 carats in the fourth quarter of the 2018/18 financial year.

The company also bemoaned the power interruption that has affected operations since 1 October 2019, saying this is expected to result in the loss of a month’s production as plans are currently underway to resume operations during early November.

Firestone Diamonds is a United Kingdom-based company, which trades on London’s Alternative Investment Market (AIM). It has 75 percent shares in the Liqhobong Mine and the remaining 25 percent stake is held by the government.

Firestone began full scale commercial production at Liqhobong on 1 July 2017 and its largest find to date is a 134-carat light yellow gem which was recovered in October 2017.

A fortnight ago the mine reported that it was M2, 5 million in potential revenue daily because of power interruptions.

The company’s Acting Country Manager, ’Mamosa Matela, said voltage fluctuations that have dogged the mine since the beginning of this month have cost the mine and its employees dearly.

She said the company has been forced to lay off 563 of its 643 workers as a result.

The power interruption started when the Lesotho Electricity Company (LEC), started supplying the mine with electricity imported from South Africa’s ESKOM.

This after the mine’s normal supply from the ’Muela Hydropower Station in Lesotho was stopped to allow the Muela station to undergo a two-month maintenance programme starting from October 2019.

Paul Bosma, the Firestone Chief Executive Officer, said, “The first quarter performance was again solid from an operational perspective”.

“However, from a market perspective, pricing remains subdued. The company continues to engage with its debtholders to ensure it can sustain operations through the current downturn and further announcements in this regard can be expected in due course.

“The recent power interruption is an unexpected setback for the company but we are doing our utmost to limit the negative impact on production by renting generators to get operations up and running again until the grid power is back online and stable. We will advise on any adjustments to guidance in future quarterly updates.

“In addition to the loss of revenue, the company has continued to incur fixed operating costs of approximately US$1, 8 million during October. The company is working with its insurance broker to assess the extent to which the interruption is covered by its business interruption policy.

“The December tender has been cancelled due to fewer carats being recovered as a result of the power outage and consequently the company’s next tender will take place in January 2020. The loss of revenue and higher operating costs will impact the company’s cash balance and together with the impact of a weaker diamond pricing environment, has placed further focus on finding an interim solution regarding its indebtedness with ABSA bank and the bondholders, who both remain actively engaged,” Mr Bosma said.

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Herbert Moyo

THE government and suspended Chief Justice Nthomeng Majara have agreed an out-of-court settlement which will see the latter leave office without undergoing a potentially damaging impeachment process, Justice and Correctional Services Minister, Semano Sekatle, has revealed.

Mr Sekatle however refused to disclose how much the government would pay the embattled chief justice as an exit package. Sources within the judiciary have previously said the two parties agreed on a compromise M9 million exit package- a figure way less than the M17 million former Justice Minister, Mahali Phamotse, says Justice Majara initially demanded.

Earlier in February 2019, then Justice Minister, Mokhele Moletsane, told the Lesotho Times that he was negotiating with the suspended chief justice. This after the Government Secretary, Moahloli Mphaka, had told this publication that the two parties had concluded negotiations over Justice Majara’s exit terms and all that was left was for Prime Minister Thomas Thabane and his coalition partners to endorse the exit package.

Mr Moletsane however disputed this and said the negotiations were ongoing and the “government would inform the media once they have been concluded”.

Eight months down the line, Mr Sekatle, who was moved to the justice ministry in the latest cabinet reshuffle on 3 October 2019, told this publication that a deal has been agreed. He said this in an exclusive interview over the weekend.

“Negotiations to settle out of court ensued because the government had taken her (Justice Majara) to task and she also took the government to court,” Mr Sekatle said, adding, “We have now completed that (the negotiations) and there is an agreement”.

“We resolved everything amicably. But I cannot disclose what the agreement actually says until such a time when everything is right. All you need to know is that we have finalised the negotiations for an out-of-court settlement that will see her go.”

Even after being pressed to say whether or not the two parties had agreed on an M9 million exit package as previously said by judicial sources earlier this year, Mr Sekatle was adamant that it was still premature to disclose the details of the deal.

Previous negotiations for the exit package stalled in 2018 after Justice Majara allegedly demanded M17 million package which the government refused.

According to court papers filed by Dr Thabane and Dr Phamotse in May 2018, Justice Majara not only initiated talks about her resignation but she also demanded M17 million to go.

Dr Thabane and Dr Phamotse made the claims in response to a High Court application by Justice Majara for an order to interdict him (Dr Thabane) from recommending the appointment of a tribunal to impeach her over a host of misconduct allegations including her alleged incompetence and the failure to address the huge backlog of cases in the High Court.

Dr Thabane said that Justice Majara had intimated that M17 million was a reasonable demand for her premature exit because she would have enjoyed security of tenure up to the age of 75.

Justice Majara is further said to have demanded that, as part of her exit, the government should aggressively support her bid to secure a post at the International Criminal Court (ICC) in 2017. This was because she did not want to be idle at home after retirement. Justice Majara subsequently failed in her bid for the ICC post.

Dr Thabane wrote to Justice Majara on 27 April 2018 demanding that she ‘show cause’ why she should not be suspended and why a tribunal should not be appointed to consider impeaching her on various charges of misconduct including her alleged failure to preside over cases for two years.

According to his court papers, Dr Thabane tasked Mr Mphaka, then Minister of Justice Dr Phamotse, and other government officials to assist in negotiating the chief justice’s exit package.

Dr Phamotse then alleged that Judge Majara had asked for a M17 million package which she felt was too exorbitant.  She had countered with a R10 million offer.

The talks broke down and Justice Majara was eventually suspended from office on 11 September 2018 to pave way for a three-member tribunal to try her over a litany of misconduct charges including Justice Majara’s controversial deal to rent a house for M27 000 per month from a colleague, Justice Teboho Moiloa, an amount way above the M4000 statutory allocation for her housing allowance.

The three members of the tribunal are Ugandan judge Frederick Egonda-Ntende (who was appointed Seychelles Supreme Court Chief Justice in 2009), Tanzanian judge Augustino Ramadhoni (who was elected to the African Court on Human and People’s Rights in 2010) and Zimbabwe’s former Minister of Justice and High Court Judge Simbi Mubako.

However, the trio have not been able to begin their assignment due to a court case challenging both Justice Majara’s suspension and their appointment.

The post Govt, Justice Majara agree on exit package appeared first on Lesotho Times.

’Marafaele Mohloboli

THE Director General of the Directorate on Corruption and Economic Offences (DCEO), Mahlomola Manyokole, has ordered the Maseru City Council (MCC) to stop the processes of awarding the multi-million tender for the improvement of Mpilo Boulevard intersections pending investigations to determine if the tendering process has been above aboard.

Advocate Manyokole also ordered Maseru Town Clerk, Moeko Maboee, to hand over all documents relating to the tender.

The Mpilo Boulevard tender was first advertised in April 2019 and among other things, the successful bidder is expected to construct new road links, flyover bridges for vehicles as well as pedestrian bridges.

It is envisaged that when complete, the new look Mpilo Boulevard will reduce traffic congestion in the city and also reduce carnage on the roads.

But Adv Manyokole this week put the brakes on the lucrative tender, saying the DCEO needed to probe the tendering process.

In a 22 October 2019 letter to Mr Maboee titled: ‘Request for information’, Adv Manyokole states that “the Directorate on Corruption and Economic Offences (DCEO) is empowered in terms of Section 6, 7 and 8 of the Prevention and Economic Offences Act of 1999 as amended by Act No.8 of 2006 to request information from any person for the purpose of administering the above act”.

“Your good office is therefore requested to furnish this office with certified copies of the information relating to the Mpilo Boulevard Intersections tender on or before 1600hrs today the 22^nd of October 2019. Invitation to tender, tender documents, tender opening minutes, the evaluation report, tender board minutes and any other information relating to the tender process should be supplied.

“In terms of Section 6 of Prevention of Corruption and Economic Offences Act, you are also directed to stop the tender and processes with immediate effect and revoke any award of the tender if it has been awarded pending our advice on the on-going investigation,” Adv Manyokole states in the letter.

Yesterday, the DCEO spokesperson, ’Matlhokomelo Senoko, confirmed that the tender had been stopped pending investigations. She however, refused to say what irregularities the DCEO was investigating.

“Without going into the full details of what is being investigated, I can confirm that the Mpilo Boulevard Intersections tender is being investigated and therefore it has been stopped with immediate effect.

“The letter (written by Adv Manyokole) calls for the immediate release of the said documents to the DCEO and this is urgent and needs to be treated as such,” Ms Senoko said.

On his part, Mr Maboee confirmed receipt of Adv Manyokole’s letter. He however, said the letter should have been addressed to the principal secretary in the Ministry of Local Government and Chieftainship, Khothatso Tšooana.

“I told the (DCEO’s) messenger that it had been addressed to the wrong person as I am not in a position to fulfil their demands. I told him (messenger) to direct the letter to the Financial Controller of the Ministry of Local Government, Mr Khothatso Tšooana and not me.”

He also refused to speak on allegations of irregularities in the tendering process saying, “My boss Mr Tšooana is best placed to speak to you on issues pertaining to the tender”.

Mr Tšooana’s mobile phone rang unanswered when this publication called for comment on the issue yesterday.

The Mpilo Boulevard tender appears to be one of the issues at the centre of the government’s stand-off with the MCC which saw then Local Government minister, Litšoane Litšoane, disband the MCC tender panel in August 2019 only for it to be reinstated by a High Court order a fortnight ago.

Justice Molefi Makara ruled that Mr Litšoane had no right to dissolve the panel without giving it a chance to defend itself. Mr Litšoane dissolved the panel on the grounds that some councillors sat on the panel and awarded tenders in contravention of the Local Government Act of 1997 which specifically prohibits councillors from being part of the tender panel.

Maseru Mayor, Mpho Moloi, was also booted out by fellow councillors who accused her of disrespecting Mr Litšoane who has since been moved to the Ministry of Agriculture.  Some MCC sources have alleged that Ms Moloi and the tender panel are victims of a fight over the Mpilo Boulevard tender.

In her submissions in a case for her reinstatement, Ms Moloi recently told the court that the tender panel was waiting for the consultant’s evaluation report recommendations on who to award the contract when the minister (Mr Litšoane) “got into the picture”.

She said the minister then dissolved the nine-member panel “without any hearing whatsoever or providing any reasons”.

The post DCEO stops Mpilo Boulevard tender appeared first on Lesotho Times.

• alleges he was suspended for investigating DCEO boss’ powerful friends
• mentions First Lady in the sacking of former DCEO boss Matsoso

Ntsebeng Motsoeli

SUSPENDED Directorate on Criminal and Economic Offences (DCEO) Chief Investigations Officer, Thabiso Thibeli, on Tuesday broke down in parliament as he recounted his ordeal during the days leading up to his July 2019 suspension by the current DCEO Director General, Mahlomola Manyokole.

An emotional Mr Thibeli told the Public Accounts Committee (PAC) that Advocate Manyokole ordered his suspension to punish him for investigating some individuals who could be his (Adv Manyokole) friends for alleged corruption in the procurement of the government vehicle fleet.

Mr Thibeli also spoke about the February 2019 sacking of former DCEO boss, Adv Borotho Matsoso, saying one of the suspects in the government fleet tender had told him of plans to oust Adv Matsoso for investigating some Chinese nationals who were said to be close to the First Lady, ‘Maesaiah Thabane.

Adv Manyokole however, denied allegations that he sought to block any high profile cases from being prosecuted. He told PAC that he had forwarded al the case files to the office of the Director of Public Prosecutions (DPP) for prosecution.

Mr Thibeli said their investigations pointed to the principal secretary in the Ministry of Finance, Motena Tšolo, Senqu legislator, Likeleli Tampane, businessmen Teboho Tlokotsi and Tumo Ramonaheng and one ‘Mafusi as the suspects in the government fleet tender.

So emotional was Mr Thibeli that he even broke into tears and for a while he failed to project his voice in an audible manner. PAC chairperson, Selibe Mochoboroane, had to give him time to compose himself before continuing his narration of the events that led to his dismissal.

The tender process, which was held in September 2018, failed to yield the required 341 vehicles after hundreds of applications were disqualified for failing to meet the requirements.

Finance Minister Moeketsi Majoro first announced in March 2018 that cabinet had resolved to lease 1400 vehicles from Basotho who include taxi operators, disabled groups, youth, women’s groups and legislators who were not cabinet ministers.

Others who were excluded from tendering are senior government officials such as directors in the ministries, principal secretaries and deputy ministers.

The Finance ministry however, received information that some of these officials could have either sneaked in their bids or used ordinary Basotho as “fronts” when the tender bids were submitted last September.

The DCEO was then roped in to investigate these allegations and according to sources, it discovered that some desperate vehicle owners were made to pay as much as M40 000 to have their vehicles leased to government.

Before he was removed from the top post, former DCEO Director General, Adv Matsoso, ordered Mr Thibeli to investigate the case and the investigations began late last year. In February 2019, Prime Minister Thomas Thabane sent Adv Matsoso on forced leave pending the expiry of his contract on 30 June 2019. Dr Thabane did not give reasons for the move which Adv Matsoso said “came as a shock” to him.

This week, Mr Thibeli told the PAC that his life was turned upside down a few days after Adv Manyokole assumed office on 8 July 2019. He said the new DCEO boss ordered him to submit the files for all the high-profile cases he had been investigating.

Mr Thibeli who was investigating the government fleet tender together with another officer, one Mr Nthabi, said he had to collect files of all other high-profile cases delegated to other investigating officers to hand them over to Adv Manyokole.

He said by the time he received these instructions they had already completed their investigations and the case had been submitted to the Directorate of Public Prosecutions (DPP) for prosecution.

“Our investigations were complete and I had already called all the suspects to inform them that their cases would be heard in the courts. That was on 18 July 2018 and later that day I received a letter from the DG (Adv Manyokole)’s office to hand over all high profile cases.

“He also ordered me to inform him before I undertook any enforcement measures against any individual or company. That demand shocked me because in the 10 years that I have worked at the DCEO I had never heard of it,” Mr Thibeli said.

He said that at about 4: 45pm that same day, he received another mail from the Adv Manyokole ordering him to hand over all the firearms and inventory of all exhibits in his custody by 9am the following day (19 July 2019).

Mr Thibeli said it was impossible to meet the deadline because he still had to collect all the exhibits from other investigating officers and some of them were on leave.

He said he requested an extension of the deadline to submit everything but Adv Manyokole refused to grant his request.

Upon failing to meet the deadline, he said Adv Manyokole then demanded that he “show cause” why he should not be suspended for “misconduct and offences in that some DCEO firearms disappeared in your custody without justification”. He was subsequently suspended on 23 July 2019.

An emotional Mr Thibeli said he was convinced that Adv Manyokole ordered his suspension to punish him for investigating some individuals who could be his (Adv Manyokole) friends.

“I was convinced that Adv Manyokole and PS Tšolo had a friendly relationship because she once told me during a phone conversation that I should snap out of the case and let the director general (Adv Manyokole) handle it. I have also seen him hang out with Ntate Tlokotsi at a local eatery which made me conclude that they had a friendly relationship. So, I figured that I was suspended so that he (Adv Manyokole) could block the cases from going to court,” Mr Thibeli told PAC.

Mr Thibeli said he was reluctant to take the case when it was first assigned to him by his former boss, Adv Matsoso.

He said that he had a good relationship with Mr Tlokotsi which was soiled when the latter called him for a meeting and told him that Adv Matsoso would be fired because he was after the First Lady ‘Maesaiah Thabane’s “Chinese nationals”.

“Ntate Tlokotsi told me that they wanted to remove Ntate Matsoso from his position and have me replace him because he was after Mme Liabiloe (Ms Thabane) ’s  Chinese nationals. I told him I would never do anything to hurt my boss (Adv Matsoso) and that anyone who wanted to hurt him would be hurting me too. I have never spoken to Ntate Tlokotsi since that day,” Mr Thibeli said.

On his part, Adv Manyokole vehemently denied allegations that he was appointed to block any high profile cases from being prosecuted.

Adv Manyokole said he only requested for all the high profile cases because he wanted to review them and the government fleet procurement happened to be one of those cases.

“I asked for the cases because I am allowed by the law to review and familiarise myself with them. It is not true that I wanted to block the cases from being prosecuted. I reviewed the fleet procurement case and send it to the Director of Public Prosecutions, Hlalefang Motinyane, who had also requested to review the case. I have not defeated the ends of justice because I also made recommendations that all suspects be prosecuted except for PS Tšolo because I had learnt that there was no substantial evidence against her.

“I realised that Ms Tšolo’s alleged involvement in the fraudulent awarding of tenders for the government fleet was just a political agenda being pushed against her.

“But I submitted the docket to the DPP. I did not remove anything from it despite my discovery that there was only hearsay evidence against PS Tšolo. I also wanted to the docket out of my office because I had already heard allegations that I was trying to block the cases from being prosecuted. I had already been interrogated by Police Commissioner, Holomo Molibeli, on the same accusations and I told him that I had submitted the docket in its original form,” Adv Manyokole said.

He said if at all she said it, it was wrong for Ms Tšolo to tell Mr Thibeli that he could not handle the case, thereby insinuating that he (Adv Manyokole) could protect her from being investigated.

He however, said Ms Tšolo told him that he did not want to see Mr Thibeli again because he had intimidated her.

Mr Tlokotsi denied involvement in the illegal procurement of the government fleet.

“I had no involvement in the procurement of the government fleet nor did I ever bid for the tender. I have not received any bribe to get anyone’s vehicles to be procured. All I ever did was to make a proposal to supply the fleet for the prime minister and his deputy,” Mr Tlokotsi told the PAC.

The post DCEO chief investigator ‘spills the beans’ appeared first on Lesotho Times.

Pascalinah Kabi

LESOTHO risks losing out on the multi-billion-maloti second compact under the United States sponsored Millennium Challenge Corporation (MCC) after American Ambassador to Lesotho Rebecca Gonzales expressed grave concern over the “recent downward trends in governance”.

Ms Gonzales and the MCC officials have previously warned that Lesotho could lose out on the second compact due to concerns about corruption, police brutality against citizens and the failure to stay the course on the implementation of the multi-sector reforms. The most recent warning was delivered in June 2019 when the MCC delegation visited the country for high level consultations with Deputy Prime Minister Monyane Moleleki, opposition leaders and other stakeholders.

And it appears the government has not done enough to address those concerns as evidenced by Ms Gonzales’s remarks yesterday. Her remarks come at a time when another MCC delegation headed by its Managing Director of Selection, Eligibility, and Policy Performance, Daniel Barnes, is in the country for consultations with government, civil society and the business community to gather information ahead of the MCC’s Board of Directors meeting in December which will make the final decision on Lesotho’s eligibility.

A US embassy statement issued yesterday said the MCC re-selected Lesotho in 2017 to develop a second compact and “this decision was taken in recognition of concrete steps taken that year that demonstrated a commitment to addressing MCC’s concerns about the rule of law”.

“At the same time, the (MCC) board directed the MCC to continue to closely monitor events in Lesotho. Alongside implementing necessary policy and institutional reforms for the compact itself.  The MCC’s board of directors maintains its expectation that Lesotho demonstrate a clear commitment to MCC’s eligibility criteria.  As the MCC’s board has previously communicated to the government and stakeholders, key eligibility criteria include respect for inclusive political processes, respect for the rule of law, maintenance of investments from the first compact and implementation without further delay of the national reform process agreed to with the Southern African Development Community (SADC),” the statement said.

Commenting on their visit to Lesotho this week, Mr Barnes said yesterday, “our mission is part of the MCC’s ongoing effort to determine whether the government of Lesotho is demonstrating a commitment to these eligibility criteria and also to assess progress on the national reforms process”.

“During its December 2019 meeting, MCC’s Board will have an opportunity to review the most recent information and analysis of the situation in Lesotho.  The board will then determine whether to reselect Lesotho to continue compact development.”

The MCC is a multilateral American foreign aid agency established by the United States Congress in 2004, with beneficiary countries expected to meet certain conditions with regards to good governance and respect for the rule of law to qualify.

In 2007, MCC and Lesotho signed the first US$362, 6 million (more than M3 billion) compact to reduce poverty and spur economic growth.

In 2015, the MCC stalled in renewing the compact programme over rampant human rights abuses under former Prime Minister Pakalitha Mosisili’s regime.

Lesotho’s eligibility for the second compact was first confirmed by the MCC Board in December 2017 after the ouster of the Mosisili regime in the June 2017 elections and the advent of the Thomas Thabane-led coalition.

However, there have been increasing reports of police brutality against citizens and graft in government in recent times.

The government and the opposition have also been dragging their feet on the multi-sector reforms process. There has been very little progress towards the implementation of the reforms. The country missed the May 2019 (SADC) deadline for the full implementation of constitutional and security sector reforms.

During the last visit in June 2019, Jason Small, the MCC’s Managing Director in the Department of Compact Operations (Africa Programmes) told the Lesotho Times that Lesotho and the MCC were “still a year away from a definitive agreement” on the size of the second compact which was most likely to be in the region of the first compact (US$362, 6 million).

Mr Small, however, warned that the failure to address concerns about human rights violations including the alleged acts of police brutality against citizens as well as the lack of political will to implement the reforms could scupper the granting of the second compact.

And in an ominous development yesterday, Ms Gonzales expressed concern over what she said were the “recent downward trends in governance”.

“I am concerned by recent downward trends in governance and I appreciate our MCC colleagues’ timely reminder to the government and to all stakeholders that immediate concrete action and demonstrable results on these critical issues will strengthen Lesotho’s position with regard to reselection for a second MCC Compact,” Ms Gonzales said.

In February 2019, Ms Gonzales also warned of a “delay or derailment (of the second compact) if we do not continue purposefully on the path of reforms and political stability”.

“There is still potential for delay or derailment if we do not continue purposefully on the path of reforms and political stability. If we stray from that path, it will be even more difficult to find our way again.

“I am deeply concerned about alarming reports of corruption and police brutality — behaviour that is unacceptable and non-negotiable.  The consequences of an interrupted compact development will not be as serious as the negative impact to the people of Lesotho caused by failure to address these critical issues,” she added.

However, Mr Moleleki insisted there was no reason for Basotho to panic, saying the MCC delegation appeared to be satisfied with his assurances that government was doing everything in its power to implement the reforms.

“They are convinced that the government of Lesotho is indeed making progress on the reforms, Mr Moleleki said yesterday.

It remains to be seen whether the government, which is reeling from the infighting in Prime Minister Thabane’s All Basotho Convention (ABC), will have addressed concerns over police brutality, the reforms process and other governance issues in time for the MCC’s meeting which is just over a month away in December.

So far there have not been any action taken in all high profile cases of police brutality, particularly the highly publicised July 2019 case of a Maseru man, Kabelo Ratia, who was tortured and made to eat his own faeces by the police.

The reforms process has moved at a snail pace and Lesotho even missed the May 2019 SADC deadline for the full implementation of constitutional and security sector reforms. The government has however, promised action against rogue police officers and to expedite the reforms process. A National Reforms Authority is expected to be established soon to drive the reforms process independently of the government.

The post Lesotho risks losing out on second MCC compact appeared first on Lesotho Times.

• Unanimously approve motion to curtail PM’s powers to dissolve parly
• In first step towards ousting Thabane  

Ntsebeng Motsoeli

IN a rare show of unity, legislators across the political divide joined forces to unanimously endorse opposition legislator Advocate Lekhetho Rakuoane’s motion calling for the amendment of the constitution to strip the prime minister of his arbitrary powers to dissolve parliament.

The adoption of the motion, seeking to amend the constitution to stop any unpopular prime minister from unilaterally advising the King to dissolve parliament whenever his power is threatened, is seen as a crucial first step towards current spirited moves to oust current Prime Minister Thomas Thabane. If the motion succeeds, then Dr Thabane would be effectively curtailed from advising King Letsie III to dissolve parliament in the event of a successful no confidence vote again him equally seeing the light of day.

Dr Thabane faces a no confidence vote after a motion for his ouster was filed in June 2019 by Motebang Koma, the Koro-Koro constituency legislator from the premier’s own All Basotho Convention (ABC) party.

Mr Koma, who is one of the ABC legislators backing the party’s deputy leader Professor Nqosa Mahao in his power struggle with Dr Thabane, was seconded in the motion by the opposition Democratic Congress’ deputy leader, Motlalentoa Letsosa.

Mr Koma proposed that the ABC’s Mosalemane constituency legislator, Samuel Rapapa, takes over as caretaker prime minister, effectively warming the seat until Professor Mahao takes over, assuming the later wins the battle of attrition with Dr Thabane.

Parliament had been abruptly adjourned after Mr Koma’s motion was filed to save Dr Thabane from being toppled then and to give him ample time to resolve the power struggle in his fractious party.

But after parliament was finally re-opened on Friday and business began in earnest this week, Adv Rakuoane wasted no time in tabling the motion seen as crucial to preventing Dr Thabane from dodging the bullet by dissolving parliament and calling for fresh elections in the event of a successful no confidence vote against him.

The adoption of Adv Rakuoane’s motion on Tuesday means that the Popular Front for Democracy (PFD) leader can now bring before parliament a Private Member’s Bill “for an act to amend sections 82, 83, and 90 of the constitution with a view to protecting the life of parliament and its stability”.

Presenting his case for the adoption of his motion on Tuesday, Adv Rakuoane proposed that parliament should not be prorogued for a period longer than five months. Currently, Section 82 provides that the prime minister can unilaterally prorogue parliament for a maximum 12 months.

Adv Rakuoane also argued that Section 83 should also be amended to strip the prime minister of his powers to unilaterally prorogue parliament without the backing of two thirds of the country’s 120 legislators.

Adv Rakuoane said his proposal to amend Section 90 was aimed at enabling legislators to be appointed to act in place of the prime minister whenever the latter is absent. Currently, only the deputy prime minister or cabinet ministers can act in place of the prime minister.

He said his proposals for the amendments of sections 82 and 83 were aimed at reducing the chances of a prime minister calling for snap elections whenever there was a successful no confidence vote against their government.

“We would have reduced the absolute power that the prime ministers have to call for snap elections every time they feel threatened by a motion of no confidence. Avoiding elections every two years would help government save hundreds of millions that are spent on elections. In the past seven years, we have gone for two snap elections and the third one is looming. But that would not easily be the case if the prime minister would be required to get two thirds of the parliamentarians to vote with him (for the dissolution of parliament and the calling of snap elections),” Adv Rakuoane said.

He said whenever a prime minister failed to garner a two thirds majority for his bid to dissolve parliament, then parliament live out its full five-year term.  The government would then save the millions spent in paying off loans and other benefits of public officials whose contracts are prematurely terminated whenever there is a change of government.

While the pro-Mahao legislators and most opposition leaders view the constitutional amendment as a critical step in realising their plan of ousting Dr Thabane, Lesotho Congress for Democracy (LCD) leader Mothetjoa Metsing  said the proposed amendments were not necessarily about removing Dr Thabane. He said they were meant to prolong the life of parliament and guarantee its stability.

“When we say the prime minister, we are not referring to a particular person. This is not Ntate Thabane’s clause. This is for all of us and future generations.

“We should amend the law to avoid numerous prorogations. Prorogations have reduced us to where we are today. We should learn to be patient with each other to avoid the political fallouts we have been having recently. Fighting will not help us,” said Mr Metsing who is also the Mahobong legislator.

More significantly, the leader of the house, Deputy Prime Minister Monyane Moleleki, backed the motion and called on all the legislators to support it.

Mr Moleleki who leads the second biggest party in the governing coalition, the Alliance of Democrats (AD), said the amendments would prolong the life of parliament, bring stability and save the country millions spent on costly election campaigns.

“This is one of the most important motions that have been proposed and I am fully behind it. It proposes a fixed term for parliament which means we will no longer go for snap elections which have cost this country monies running into half a million maloti each time when you factor in money that is spent on fuel for government vehicles that are used to campaign for elections.

“I am happy that the honourable Member of Parliament for Mahobong (Mr Metsing) calls on all of us to be patient with each other despite our political differences. I agree with him. We should adopt the culture of patience because this country is bigger than individuals,” Mr Moleleki said.

After Mr Moleleki’s speech, the deputy speaker of the national assembly, Teboho Lehloenya, then put the issue to the legislators who unanimously endorsed the motion.

This cleared the way for Adv Rakuoane to draft and bring before parliament a bill for the amendment of sections 82, 83, and 90 of the constitution- something viewed by the opposition and the pro-Mahao legislators as critical to the ouster of Dr Thabane.

Adv Rakuoane was over the moon after the endorsement of his motion. Yesterday, he told the Lesotho Times that he had already started drafting the bill and he would consult the other legislators for their input. He said the constitutional amendments were in preparation for a successful no confidence vote against Dr Thabane. He intends to complete and submit the bill to parliament by the end of next week.

“I have already started drafting the bill and I should submit it for tabling in parliament by the end of next week.

“If passed into law, the bill will force the prime minister to resign. It will prohibit him from dissolving parliament to dodge the no confidence vote as long as he does not have the support of two thirds of parliament,” Adv Rakuoane said.

On his part, the ABC’s Mr Rapapa said the overwhelming endorsement of Adv Rakuoane’s motion pointed to the critical need to amend the constitution.

He said once the constitution had been amended, he will move a motion calling for the amendment of Standing Order Number 111 to enable legislators to vote by secret ballot on any no confidence motion against a sitting prime minister.

“The vote of no confidence against the prime minister will be the last thing. First, we want the amendment for a secret ballot to be passed even if this happens in two weeks or months from now,” Mr Rapapa said.

Senior Political Science lecturer at the National University of Lesotho, Tlohang Letsie, welcomed the proposed constitutional amendments, saying they would ensure parliament’s supremacy over the prime minister.

“The executive has too much power over parliament despite the fact that prime ministers are appointed by parliament. If passed into the law, the constitutional amendment will ensure parliament’s supremacy over the prime minister and this is as it should be,” Mr Letsie said.

The post Legislators flex muscles against PM appeared first on Lesotho Times.

Moorosi Tsiane

GENDER and Youth, Sports and Recreation minister Mahali Phamotse made a bold declaration last week that the country would continue hosting the 2020 African Union Sport Council (AUSC) Region 5 Games despite a critical legal opinion from the Ministry of Finance.

Ministry of Finance officials recently warned that proceeding with the project would be tantamount to signing a blank cheque that would leave the country in serious debt.

The AUSC games are held biennially and are hosted on rotational basis by 10 Region 5 members.

Lesotho has already missed out on hosting the games in 2003 and were slapped with a M1.5 million fine.

The country doesn’t have the estimated M2.4 billion needed to construct new stadium and other facilities for the games.

According to a Ministry of Finance legal opinion presented to the parliamentary public accounts committee (PAC) recently, taking a loan from Property 2000 (PTY) LTD, which has already promised to invest in the projects, will leave the country in enormous debt.

Part of the money will be used in the construction of a 40 000-seater football stadium and a 3000-seater indoor arena. The money will also be used to construct the games village which will accommodate 3000 people.

Last week Phamotse however, stood her ground and told the national assembly that there is no going back as the processes leading to the construction were already in motion.

The country’s previous regimes have never prioritised sports and our athletes have continued producing mediocre performances when they perform in international competitions.

Some of the poor performances have all be because the country does not have facilities of international standards that can be used by our athletes for training and hosting of games.

After the December 2020 AUSC Region 5 Games, Lesotho is also expected to host the 2022 African Youth Games, hence it needs the infrastructure.

This project is marred with so much controversy as some top government officials claim proper tendering and procurement measures were not followed when awarding it.

I will not dwell on the politics because that is how most government officials work.

However, I stand with Phamotse on this one. The hypocrisy must stop and people must stop making us to believe that they want the project stopped because they have the country’s interests at heart whereas all they want is just a piece of the pie.

Of course, it is late now to build the facilities which are expected to be completed at least by September 2020. However, I think we should also try to find out why this project was delayed in the first place. It would not be surprising that someone at the top didn’t want it to happen for some reason.

The rumour mill also has it that some politicians have been scrambling for a stake in the project and while this could be just rumours, we need politicians who have the country’s interests at heart.

This is not the first loan that the country is acquiring and I find it funny that some want the project stopped because its funded by a loan.

This infrastructure will be part of the legacy projects that will be used to promote the growth of local sports long after the regional showpiece and it is important for the country to have it.

The views expressed in this article do not necessarily represent those of the Lesotho Times but those of the author.

The post I stand with Mahali appeared first on Lesotho Times.

Moorosi Tsiane

TENNIS sensation Neo Makhakhe is aiming to gain International Tennis Federation (ITF) points at the World Tours and Futures tournaments in Mozambique next month.

Makhakhe represented Lesotho at the 2016 Africa Union Sports Council (AUSC) Region 5 Games in Angola and won bronze at the Tuks (University of Pretoria) Open in South Africa three weeks ago.

He leaves the country on Saturday for Mozambique.

The two tournaments will see players from different parts of the world competing for ITF points which will help improving their rankings.

The first tournament starts on Monday and runs till Sunday. The next tournament runs from 11 to 17 November 2019.

He said he was happy with the preparations for the trip and his target is to take from where he left off in Pretoria.

“I think I have been doing well and my target is to take from where I left off in Pretoria and give another good performance,” Makhakhe said.

“In Pretoria I gave my best. I wasn’t afraid to take risks and I didn’t want to hold back when I was supposed to commit myself. I am aiming for ITF points so that I can get ranked.”

Makhakhe said the tournaments would also help him keep in shape in preparation for his departure to play and study in the United States (US) next year.

“For now, I am just playing in different tournaments to keep in shape in preparation for next year as I will be studying and playing in the US along with Kukutla Motlojoa, Nyathi Motlojoa and Lebelo Mosehle,” Makhakhe said.

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