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Seema not moved by Celtic’s financial problems

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Leemisa Thuseho

LIKUENA legend Lehlohonolo Seema, who is also the head coach of ABSA Premiership side Bloemfontein Celtic, says he will continue focusing on soccer and avoid being distracted by off the field challenges that the club is currently going through.

The club has reportedly been going through some financial challenges which resulted in the technical team getting only a portion of their salaries in recent months.

So bad is the situation at the club that Seema was reportedly paid only M1 000 for April 2020 although the claims were later dismissed as falsehoods by the club and the coach himself.

Seema told the Lesotho Times on Monday that while the club has indeed been going through some financial challenges which have recently been compounded by the ongoing Coronavirus (Covid-19) pandemic.

He also confirmed that only the players have been full salaries since May while the technical team’s salaries were slashed.

“Even for May, the technical team didn’t get their full salaries, only the players did,” Seema said.

“However, the allegations that I got R1 000 is falsehoods. I never said that. It is unfortunate… I do not want to see the team’s name being tarnished.”

Although he was taken aback when a story was published in the South African media attributing the claims to him, he says he has since moved on.

“I will not be distracted by such things, at the end of the day life must go on.”

There have also been claims that the club is on the verge of being sold, a development that would see it moving to a new home from Bloemfontein. However, the team has denied the claims.

Similarly, Seema also denied the claims but also added that he was not concerned about the rumours and would focus on his job of coaching the team.

“The players and the technical team have been through this before and they now know how to deal with such rumours. We will only concentrate on what the management says instead of rumours.

“The management is keeping us in the loop about the developments and we are praying that the team remains here because if it were to move, then it would break the hearts of many fans.”

He also denied claims linking him with Botswana side, Township Rollers. He said even if he were to leave Bloemfontein Celtic, it would be a mutual decision as opposed to the rumoured acrimonious separation.

“I am still learning the job and if ever I leave the team, then we would have mutually agreed to go separate ways.”

During the lockdowns, Seema has been giving his players individual training programmes pending a decision by the government regarding the resumption of the league. Celtic is ninth with 28 points with seven games to go.

Last year the team finished the season in eighth place and Seema is targeting improving that.

“My target is to finish between fourth and seventh and that means we must win as many games as possible in the remaining games. We are also in the semifinals of the Nedbank Cup and that means we must win just two games to win the tournament,” Seema said.

The post Seema not moved by Celtic’s financial problems appeared first on Lesotho Times.


Local companies must invest in sport-Tampane

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Moorosi Tsiane | Leemisa Thuseho

THE newly appointed Minister of Gender, Youth, Sport and Recreation, Likeleli Tampane, says she is working on policies that will force companies to invest in sport top as one of her top priorities.

Tampane was sworn a fortnight ago to replace Mahali Phamotse, whose Alliance of Democrats (AD), has been booted out of government.

In an exclusive interview with the Lesotho Times last week, the Democratic Congress’ (DC) Senqu legislator said it was time for companies to stop milking Basotho dry when they are not giving anything back for the development of sport.

“The lack of funding has been one of the hurdles in our sports development and the worst part is that the bulk of local companies are not giving anything to the country,” Tampane said.

“Our budget from the government is just too little and can’t pay for everything that we need hence we need the input of the corporate world.

“Immediately my appointment, to this ministry, I committed myself to improving the manner in which things are done. The first is to list the companies that I feel must assist us then we will approach them.”

Most importantly; she wants to ensure that she draws up policies that will compel companies to give a certain percentage towards a sport of their choice. This will be done in liaison with the Lesotho Sport and Recreation Commission (LSRC).

The efforts are meant to ensure the self-sustenance of national federations and relive the government of the burden of being the sole funder of sports activities.

She said she would also focus on the development aspect to ensure that the abundant talent inherent in Lesotho is groomed from a young age.

Tampane is ambitious and says by the end of her two-year tenure, she would have excelled. In fact, she says she is out to cleanse the ministry of anything that she feels her predecessor was doing wrong.

“I am here to excel and where the previous minister was doing right, I will continue but where I believe she was wrong, I won’t hesitate to change that with the assistance of the management.

“Apart from sports development, our focus will also be on infrastructure. We will forge relations with the Local Government and Chieftaincy ministry and come up with an agreement on the clearing of grounds wherever they would be constructing roads.

“My target in these two years is also to at least have re-constructed the four sport facilities that we already have because we currently don’t have budget for new grounds. It’s a shame that we only have one stadium. We must have more.”

The name Lesotho is synonymous with shambolic preparations for any international competitions partly due to delays in the commencement of preparations. But Tampane wants this to change immediately.

“Things have changed. We must all be positive. The trend of athletes getting fund late must stop. Just wait and see.”

Asked what she would do differently from her predecessors, Tampane simply said “just wait and see”.

Lesotho is expected to host the African Union Sport Council (AUSC) Region 5 games this December but by March, when the country stopped all sporting activities, the local team was yet to commence its preparations. In fact, the team had unsuccessfully attempted to hold a camp at the end of 2019 but failed to access the required funds.

Apart from the unavailability of funds to prepare for the games, the project had been marred by controversy and Tampane says she has already ordered her ministry to stop all the preparations. She wants to study the project first before she allows her ministry to continue the preparations.

“I have ordered the staff to stop everything which involves that project. Indeed there was lots of controversy and we will only start working on it once the study has been finalised.”

Earlier this year Tampane found herself at the firing end of the sporting community following her remarks in the National Assembly responding to Phamotse’s presentation on the games. The outspoken Tampane had said the project was a waste of money and should be aborted.

However, she said her statements are not bourne out of hatred for sports.

“I do not hate sports. I was actually once an athlete. I played taekwondo, volleyball, netball and did athletics.

“The comments were made after a national outcry over the games which were going to leave Lesotho with a huge debt. Apart from that, the former government was also divided on the issue hence it did not make sense to continue when the government itself was not fully on board. Lastly, I think the minister’s presentation was wrong and I couldn’t understand it.

“I still feel I made the right call that the project should be abandoned and relooked at,” Tampane said.

The post Local companies must invest in sport-Tampane appeared first on Lesotho Times.

Govt must prioritise decentralisation: Rapapa

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IN February 2014, former Prime Minister Thomas Thabane’s administration adopted a national decentralisation policy. The policy will enable the central government to implement Section 106 of the constitution which stipulates that “parliament shall establish such local authorities as it deems necessary to enable urban and rural communities to determine their affairs and to develop themselves”. The law said such authorities shall perform such functions as may be conferred by an act of parliament.

However, 10 years down the line, the affairs of local communities are still managed by central government. Newly appointed Local Government and Chieftaincy minister and All Basotho Convention (ABC) chairperson, Samuel Rapapa (SR), has been tasked with the implementation of the decentralisation policy.

In this wide-ranging interview with Lesotho Times (LT) Senior Reporter Pascalinah Kabi, Mr Rapapa outlines his priorities as he takes office.

LT: Congratulations on your appointment Honourable minister. What are your priorities as you begin your tenure as minister?

Rapapa: Thank you very much. Among the first issues is dealing with the Coronavirus (Covid-19) pandemic. Covid-19 interventions need the support of the whole nation… We feel that we also have to participate seriously on the education awareness campaigns against Covid-19.

The second issue that I must look into is that of decentralisation. Even though I do not have enough knowledge and experience on the issue of decentralisation, we find that there are lots of complaints regarding this matter. When I read the law, I see that local councils have the authority to allocate sites; decide on charges for resources that are being obtained for different councils but there is a huge complaint that the responsibility has not been passed onto the local councils. As a new minister, I will have to be briefed by ministry officials to gain a comprehensive understanding of what decentralisation entails.

The last issue which is also critical, is that there is a concern that local government has a lot of ghost employees.

These are my first three tasks within the next two weeks.

I must also look into the lack of resources in relation to the maintenance of the roads. Often, they have all the equipment but do not have fuel or vice versa. Sometimes there are no operators.

Sometimes when those things are there, there are no officials who can supervise the work that is being done in regard to the maintenance of the roads. So, these are the things that we need to consider urgently at the start.

LT: How do you intend to implement your interventions against Covid-19 while working in tandem with the Health ministry?

Rapapa: Let me start by making an example. There could be two clinics in a certain constituency. The other could be having 15 nurses and the other one probably has another 15. That would mean there are only 30 nurses in the whole constituency of 25 000 inhabitants. So, it is proper for us to have support from the Ministry of Education and Training by educating our children and support from the local government in educating our officials. We have principal chiefs, area chiefs, and headman who must all be involved.

The villagers, who are the first to know when there is a visitor from South Africa, Saudi Arabia or England, will then alert with the local chief instead of dragging that particular visitor to a health post that would be 20kms away. The local chief will then persuade that particular individual to go for screening at the health post and they can even facilitate the movement to quarantine centres where people are being isolated. So, it is a matter of working together. As the Local Government minister, I am part of the subcommittee dealing with this issue. Also, our communication between the ministries of Health, Education, Local Government and other supporting ministries, will indicate how we must work together using the current Disaster Authority Management Act because Section 8 of that act empowers the Prime Minister to establish a Disaster Management Relief Committee which is made of ministers. The Ministry of Local Government should be one of the ministries involved.

LT: Basotho have been clamouring for improved service delivery for a long time and your ministry is regarded as one of the key ministries that can ensure effective service delivery. However, it looks like ministers or legislators do not want to see the local authorities taking a lead in service delivery. What is your take on this?

Rapapa: It would be wrong to say that members of parliament (MPs) are refusing to relinquish power. In fact, MPs allocate the budget to the Ministry of Local Government. Instead, it is often the Minister of Local Government who is failing to release power… local authorities need finances, they need vehicles to operate efficiently.

They have a right to those resources and do not have to come to a member of parliament to allocate a field or land and manage graze lands. The funds allocated to the councils should go straight to the councils and not the district offices or head office. I think we must find options that allow for money allocated through budget to be disbursed to the councils themselves so that they can easily make decisions.

LT: Why is the government not empowering local councils with resources?

Rapapa: Well, the previous ministers can answer that. What I can only tell you is that my consideration is that resources have to reach the councils. If there is going be a road maintenance and it is going to M3 million, why cannot we transfer that M3 million to that particular council? This will avoid situations where the funds are then allocated to another council that is in need.

To answer your question directly, what is only required is to transfer money all the way to the local councils unlike now when the money is being held at the head office or at best held at the district office.

LT: What is your plan of action to ensure that the money is released to local councils?

Rapapa: Well, we must look at the rules, the procedures and ensure that in the current budget, if it is indicated that maybe M500 000 of the M120 million of the Local Government budget is allocated to Mapoteng Council, let it land in the Mapoteng Council’s bank account. Then our duty will be to go and find out how it has been spent. That will even promote accountability and transparency.

Questions will be asked how the funds would have been spent to the relevant officials and they will have to account for the money…

LT: You were previously part of the Public Accounts Committee (PAC) and a lot of rot was unearthed in the ministry that you now head. What are you going to do to ensure that all PAC recommendations in relation to your ministry are implemented?

Rapapa: I must implement, that is what I am here for. If the report says this person must be tried, let it be. If it says this person must be suspended and if management feels that it is within the confines of the law, let that person suspended. Whatever actions have to be taken must be taken.

The PAC has found out that M1, 4 billion was misappropriated; it has been spent without authority and other issues… Parliament decided to establish a Serious Commercial Crimes Court since there is only a Commercial Court where some of the cases would involve small figures like M200 at the same time dealing with cases involving the embezzlement of millions of maloti.

A recommendation was made that there be a Serious Crimes Commercial Court with a dedicated judge for that matter. So, I will definitely recommend to the Prime Minister and cabinet that that proposal should be implemented so that when somebody is arrested and taken to court for fraud, the process will be expedited. Otherwise delaying it creates an impression that it will take 20 years before cases can be finalised.

LT: Basotho complain that politicians are only good at lip service which is never followed by action. Are you going to do things differently?

Rapapa: Well, recommendations will be followed by action. You cannot just act without recommending first. You will recommend, justify your recommendation and make a decision. But I think those who are saying politicians are just paying lip service are getting it all wrong. Instead, they are acting. We could not have a change of government until politicians acted… we used to have 10 deputy ministers and the politicians decided that they must be reduced to eight. Politicians have also decided that the ministries of Law and that of Justice should be merged. So, I do not agree with the notion that politicians pay lip service only.

However, action also depends on individuals and people’s personalities. So, I don’t think it would be right to assume that since the previous minister did not implement certain measures, then I too will fail. I will take my pathway and ways of doing things. I cannot blame people who came before me for the way they performed and people that will come after me should not be blamed for the way that I would have performed. I should be blamed for how I have performed.

LT: You are part of the ruling All Basotho Convention (ABC)’s national executive committee (NEC) which complained of poor service delivery in the past three years. Are you now saying that there was efficient service delivery that people are happy with?

Rapapa: Well, there are places where there was delivery (in the tenure of the previous government) and there are other places where there was poor service delivery. I will make two examples of where there was poor service delivery… In 2012, I think we spent 77 percent of the capital budget in the first coalition government but now service delivery declined. In other words, financial resources were allocated but there was no implementation and that is what we call no service delivery.

When the ministry of Local Government purchased yellow plant machinery, there was a lot maintenance, there was a lot of activity. You would see that yellow plant machinery working and roads being maintained. But, if you take an inventory now, you will realise that some of the machinery has been parked somewhere for three years without doing any work. Why can we not sell it instead?

Now, there are places where we have delivered for instance the reforms process… We are at this point where we have completed the national consultations. We now have the National Reforms Authority. We have even made amendments which are constitutional and one of them is the ninth amendment. You know in the previous parliament, the ninth parliament, there was no amendment to the constitution. This is all delivery.

The ninth amendment has been enacted and a Prime Minister will no longer call for elections when he or she losses a vote of no confidence. However, we will have to compare with other tenures to see how the previous government performed. In terms of governance, yes, there are issues of concern but there are other places that the previous government actually delivered.

LT: On the issue of ghost workers, do you know how many are there in your ministry?

Rapapa: If it’s a big ministry, some will always take advantage. Somebody will be recruited and told that they are now a government official yet he or she would be working in the mines, running a taxi business or a grocery shop. That person may not even know the government office he or she is supposed to be working in. So, we will investigate and find out. In the PAC we even suspected that there were also ghost teachers. We asked the ministry to bring the files 230 files that were brought in. We only found two ghost employees. The situation was such that one person had either died or resigned but because no one processed their papers, they were still being paid.

My point is that we must us investigate and find out the facts. What is lacking from the government are staff performance audits where everybody’s performance is audited so that we know what this government’s employees are doing. If I am a driver, I must be assessed and actually know how much time I spend on the job. In the 180 days that you work in a year, how much time are you actually spending on the job.

LT: Based on your experience as principal secretary in the Thomas Thabane led government from 2012 to 2015, what are some of the checks and balances that you think must be put in place to fight corruption in the entire government.

Rapapa: Procedures are very clear that a government officer should never contract any supplier without an order but you find that people make orders by phone, by simple letters and that has led the non-payment of service providers. There is now a long list of suppliers who are being owed. And for suppliers to be paid, there is corruption where some have had to greased the palms of government officials.

So, we must to stop this trend by quickly processing payments and ensure that there are no outstanding payments at the end of every month. This will curb the practice of government officers demanding payments for orders to be paid. There are people who have been caught doing this. I have witnessed one person being arrested for taking a bribe in Teyateyaneng after the police had set a trap.

We must improve our judicial system in relation to the issues of fraud, bribery and corruption. It is very important to reduce the level of corruption. Otherwise, if we do not reduce it, we are losing money through corruption. If we curb corruption, the money used for corrupt practices could be used for social development, industrial development, education but instead it lands in the wrong hands.

Even investors and the donor community consider corruption before committing to projects in any country. They do not invest in highly corrupt countries. For instance, many investors shun Nigeria because of the level of corruption in that country. But I can tell you that Nigeria has one the best judicial systems in Africa… They expedite cases and convict offenders quickly.

International donors consider corruption before any project. The second compact of the Millennium Challenge Corporation is being delayed because of corruption, the rule of law and the lack of performance on previous projects. They are saying we are not maintaining our health posts and centres well enough and are worried that if they increase the infrastructure, who is going to maintain it? So, we must improve ourselves.

The World Bank has blacklisted some of the people or companies that were involved in corrupt activities relating to the first phase of the Lesotho Highlands Water Project (LHWP). So, it is important that we curb corruption.

LT: It is do or die for the ABC in the remaining two years before the next election. Prime Minister Moeketsi Majoro, has said there is not enough time. Is there a plan to ensure that all ABC ministries ABC perform to expectations?

Rapapa: That is an obvious decision. We would want to perform as desired and must be seen performing. In fact, I am not only worried about ABC ministers performing but the entire government. Whether a minister is from the ABC or Democratic Congress (DC), they must perform so that the people restore confidence in the government.

Otherwise, the performance of a minister who is coming from another party will obviously have an impact on the performance of all the parties that in this coalition. Remember there are two main parties but there are other parties which are playing the supporting role… all those parties would be blamed if we fail to perform. Just like the previous government where the ABC and the Alliance of Democrats (AD) were blamed for the collapse of the government.

So, yes, the success of this government will have an impact on us as a party but we are also working to restore the people’s trust in the party. Last year, at the peak of the ABC fights we were encouraged to form another party but we stayed put until we ensured that the party remained in government but leadership had changed.

Some party members said another member should not be in a certain position because they came late into the party… They did not understand that in politics we elect people according to our choices. Somebody may have been in the party for 100 years and he may not get to the top of the structures of the party. Somebody may come today and become a leader as long as he has the votes. That is the education that we must give to the people that they must accept the results. That is why we have accepted the results of the elections in the party, we have also accepted the results in the election of the prime minister and we also accepted the results in the elections of ministers. Otherwise, if you do not accept then it turns into anarchy.

I always say I contested for elections in the constituency for four or five times. I have won twice and I have lost thrice. What did I say when I lost, I congratulated the winner. In 1998 and 2007 it was Lesotho Congress for Democracy (LCD), in 2012 it was DC and we had to congratulate them. I think it is the education that we have had in the last 12 or 16 months now.

LT: Some members of your party are unhappy with the current cabinet. What is your take on this?

Rapapa: There will always be some people who will not accept but as leaders, we must learn to teach people that they should accept. The constitution is very clear that the Prime Minister has the right to appoint ministers. People had a lot of expectations that I would be a Finance Minister but I have accepted that with the qualifications that I have, I am here in the Local Government. And what is the reason, the Prime Minister would tell you that he had a reason for putting me here. I can tell you what I suspect is the reason, it is that Local Government will be able to ensure that the message is sent to the population…

I feel that the Prime Minister made the right decisions in appointing ministers in the manner that he did… Having realised the reasons why things were done this way, my advice is, “if you are a member of the party, support your party”. If you are a Mosotho, support this government and ensure that at the end of the day you contribute towards the objectives or the anticipated results at the end of this government’s tenure. Whether you are in the opposition, neutral person or not interested in politics, please ensure you support this government because it is this government that will make decisions for you.

 

The post Govt must prioritise decentralisation: Rapapa appeared first on Lesotho Times.

Ms Kiva speaks establishment in Africa

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Bataung Moeketsi

MEDIA personality Ms Kiva is working to establish herself as both an entertainer and business woman with a footprint recognisable on the African continent.

In a recent interview with the Weekender, Ms Kiva said she hopes to use her various online platforms including YouTube, through which she has amassed thousands of followers, to showcase herself and also other Basotho creatives.

“It’s clear that what I do is not viewed as a viable career, however, I intend to produce more content on my YouTube channel not just showcasing myself but the talent that Lesotho has to offer,” Ms Kiva said.

Ms Kiva launched her channel last September and like many other content creators, she has used it to engage her followers on an array of issues including beauty tips, relationships and more.

“My aim is to create opportunities for myself and likeminded people that my country has failed to provide for,” Ms Kiva said.

Born Kananelo Phakisi in the Stadium Area, Maseru, Ms Kiva attained her associate degree in Public Relations at Limkokwing University of Creative Technology in 2014.

She is currently pursuing an online certificate in Digital Marketing and Advertising with the Digital School of Marketing, which she hopes to finish in 2021.

Ms Kiva became cognisant of her capabilities while in high school at St Catherine’s when she got a chance to step onto the stage.

“I was a bit of a loner back then but whenever I was asked to plan the annual opening social event, I came alive,” Ms Kiva said.

“I get a rush that I can’t explain from preparing for a show and the energy from a crowd urges me on.”

The Kingdom’s Bae, as Ms Kiva is affectionately known, said she has always wanted to be on television from an early age. She recalls dancing and singing at family gatherings and would also mimic news readers.

Growing up, Ms Kiva idolised the likes of the late South African television personality Vinolia Mashego and media mogul Carol Bouwer.

“My inspiration was sparked during the YoTV (South African variety teen show) era as I saw kids like me bringing life to television and I wanted so badly to be like that,” Ms Kiva said.

The 27-year-old’s career has seen her grace stages which include Vodacom Lesotho Summer Feva in 2014 and 2015 where she got the opportunity to interview South African DJ Black Coffee and artiste Khuli Chana.

Ms Kiva has also hosted Summer Fest in 2017, Lesotho Times Music Fest in 2018 and Miss Maseru alongside South Africa’s Somizi Mhlongo the same year.

Although the deal fell through, she considers winning the Lesotho National Broadcasting Service (LNBS) Itabolele presenter search in 2015 as an important milestone in her career.

Her participation in the search prepared her for the TLC presenter search where she represented Lesotho on a continental level the following year.

Aside from being a well-known events MC, radio jock, voiceover artiste, brand ambassador, content creator and musician affiliated with the now debunked Magic in Progress (MIP) stable, Ms Kiva works for a financial institution in the country as a digital marketing specialist.

In 2014, Ms Kiva founded Girls Like Us (GLU), an online platform which aims to provide a safe haven for women and young girls dealing with a range of issues. She said she hopes her organisation’s work will outlive her.

“I started GLU after getting out a very destructive relationship to provide a safe platform for likeminded females to share their stories.

“Over the years, GLU has done high school tours and most recently, we started selling branded merchandise under #TheRealFund which aids victims of domestic violence and sexual abuse with free sessions with a private counsellor,” Ms Kiva said.

The post Ms Kiva speaks establishment in Africa appeared first on Lesotho Times.

Small scale miners to be licensed- Qoo

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Bereng Mpaki

THE government will soon issue small scale diamond licences to empower locals to venture into the lucrative industry, Mining minister Serialong Qoo has said.

Mr Qoo said this while in Parliament yesterday while presenting his ministry’s budget estimates for the 2020/21 financial year before the National Assembly. He said the decision was in response to the plight of small-scale players in the absence of licensing.

He said this was in line with the minerals and mining policy of 2015, which states that the government would work towards recognising and repositioning artisanal and small scale-mining (ASM) to alleviate poverty in the country.

“We are going to start issuing prospecting licences to our small-scale diamond diggers as a way of alleviating poverty,” Mr Qoo said.

“When I was part of the opposition, I have always called for the country’s minerals resources to be used for the benefit the people, and now I have an opportunity to do that since I am the Minister of Mining.”

Mr Qoo later told the Lesotho Times that his ministry would first go around the country engaging community leaders on how they would like the licensing to be approached in relation to the mineral resources in their areas.

“The plan is to have the prospecting licences issued during the current financial year. On our visits around the country, we will meet members of the community, their leaders such as chiefs, councillors and members of parliament. The meetings will determine whether or not the community needs investors in this type of mining.”

The public consultations are expected to last less than one month to make way for licensing.

Mr Qoo said small scale mining has always been prohibited in the country due to fears of illegal trading of diamonds. He said they would also ensure that small scale diggers are able to sell their diamonds locally.

The government will also strengthen mineral resource exploration efforts by upscaling the players’ skills.

Mr Qoo also said that his ministry would soon come up with regulations that will compel large scale mining companies to spend a minimum of M5 million or one percent of their revenue on their host communities through corporate social initiatives.

Parliament approved Mr Qoo’s M26 825 316 budget for the 2020/21 financial year.

The post Small scale miners to be licensed- Qoo appeared first on Lesotho Times.

Pensioners challenge appointment of fund’s administrator

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Bereng Mpaki

AGGRIEVED public sector pensioners have petitioned the High Court to order a forensic audit to investigate how NBC Lesotho has repeatedly been awarded the Public Officers’ Defined Contribution Pension Fund’s (PODCPF) administration contract despite being licensed only as a life insurance service provider.

NBC Lesotho is a subsidiary of South African registered NBC Holdings (NBC South Africa) and has been administering the M7 billion fund since 2014.

This is contained in the papers filed in the High Court by Public Officers’ Defined Contribution Pension Association (PODCPA) and a group of aggrieved pensioners. The two are requesting the court to “stay and interdict” the decision of the PODCPF to award NBC Lesotho the contract to administer the fund from 2020 to 2023.

They also want the decision to award NBC Lesotho the contract to administer the Fund corrected and set aside. The complainants also want NBC Lesotho to be blocked from performing its duties as administrator of the Fund.

The papers were filed on 27 March 2020 but a hearing date is yet to be set.

The PODCPF board of trustees, the PODCPF, NBC Lesotho Life Insurance Company and the president of the Lesotho Institute of Accountants are cited as first, second, third and fourth respondents respectively.

The fund’s board awarded the administration tender to NBC Lesotho on 26 March 2020.

Among other things, the members claim that they have been receiving poor services from the fund under NBC Lesotho’s administration.

They also said there was a need to protect the fund’s resources and the members’ benefits in light of the negative effects of NBC Lesotho’s credibility and maladministration.

They say the board’s decision to award the tender to NBC Lesotho was irregular and illegal.

In his founding affidavit, secretary general of PODCPA Molise Chabana said the board’s decision “in the circumstances of the case was irrational, irregular and illegal”.

“The board failed to consider important factors identified in the audits and the reports and rendered the decision irrational,” Mr Chabana said.

“This is… considering that the business activity of NBC (Lesotho) is… “life insurance” according to the company extract; and not to administer the pension fund benefits.

“The engagement and appointment of NBC (Lesotho) in the business which it is not empowered by its memorandum of is beyond its competence and function and therefore irregular and illegal.

“To my knowledge, NBC (Lesotho) is not licensed to carry out the functions and responsibilities of an “administrator of a fund” contrary to the prescripts of section 58 of Pension Funds Act 2019.”

Mr Chabana said the pensioners were worried that their funds could be in danger if NBC Lesotho continued administering the fund due to allegations of fraud and misrepresentation of its parent company in South Africa.

“We hold reasonable fear and apprehension based on the fact that NBC (SA) is the controlling company of NBC (Lesotho), the malfeasance occasioned by the NBC (SA) through serious misconduct, fraud and misrepresentation, the NBC (SA) continued further with its unlawful crusade through its satellite company NBC (Lesotho) to maladminister the fund, misappropriate its funds and the pensioners’ benefits.

“Furthermore, all pensioners and members of the fund are entitled to regular annual fund information and benefits statement but this has not been compiled by NBD Lesotho since 2014.”

In such circumstances, there is need for an extensive forensic audit to be undertaken from the date on which NBC Lesotho was first appointed to administer the fund, Mr Chabana said.

“…(the) audit should be undertaken by independent auditors appointed by the president of Lesotho Institute of Accountants… and make available a copy of the report to the applicants.

“We aver that it would be in the interest of justice that the fees of the appointed editor(s) be paid jointly and severally by PODCPF and NBC Lesotho.”

He added that the decision to award the tender to NBC Lesotho had divided the fund’s board.

He said an independent trustee who sits in the board, Futho Hoohlo, even wrote to Prime Minister Moeketsi Majoro (at the time the principal secretary in the Ministry of Finance and the chairperson of the fund’s board) in 2014 and warned “strongly against the award of the tender to, or appointment of, NBC Lesotho as the administrator of the fund”.

In his supporting affidavit, Mr Hoohlo confirms Mr Chabana’s assertions.

“…I confirm that I raised the aforesaid risks, concerns and maladies associated with NBC Lesotho and NBC South Africa with the (former) Minister of Finance (Dr Majoro), represented by the PS Finance in the board, and also in several meetings of the tender and evaluation boards, as well as the board that resulted in the decision to award the tender and/or appoint the NBC (Lesotho) as the administrator of the fund.

“Notwithstanding the objections, which were based on the forensic reports and due diligence reports characterising NBC Lesotho inappropriate and improper to administer the fund, the board continued to appoint NBC Lesotho as such,” Mr Hoohlo said.

The decision was gravely inconstant with the fiduciary duties of the board and its members to act in the best interests of the fund, its members and pensioners “particularly the latter who would gravely be affected and suffer injustice as a result of the improper administration of the fund”. He said the decision was therefore irrational and against “all known principles of good governance”.

“I am making this affidavit in support of the prayers sought in the notice of motion,” Mr Hoohlo said.

Mr Hoohlo also said NBC Lesotho’s appointment as the administrator of the fund has also split the board with four members opposing it and five others supporting it.

He said an independent consultant provided the fund’s evaluation committee with a detailed report on “the current status of the NBC Lesotho, highlighting specified risks and areas of concern, highlighting massive challenges that would impact on NBC Lesotho business continuity”.

“It was improper and irrational for the board to act to appoint NBC Lesotho as administrator of the fund, ignoring the report indicating the risks…

“Consequently, the board did not act in the best interests of the fund, its members and the pensioners (beneficiaries), acted irrationally and inconsistent with good governance,” Mr Hoohlo said.

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Mahase unfit to be chief justice, let alone a judge: analysts

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Mohalenyane Phakela

LESOTHO’S Acting Chief Justice ’Maseforo Mahase is probably one of those people for whom the expression “who needs enemies when you’ve got yourself” was coined.

Her highly controversial and seemingly biased conduct and judgements ever since her September 2018 appointment to act in place of the then suspended Chief Justice Nthomeng Majara have given her detractors enough ammunition to oppose her recommendation for the substantive job by former Prime Minister Thomas Thabane.

This week analysts who spoke to the Lesotho Times were unanimous in declaring that she should not be appointed in a substantive capacity let alone remain a judge of the High Court.

This after yet another Court of Appeal ruling went against her after she hijacked the murder-accused former First Lady ‘Maesaiah Thabane’s bail hearing and proceeded to unprocedurally grant the latter bail.

Justice Mahase granted the bail despite that the police had flagged ‘Maesaiah as a flight risk as she had previously fled the country to avoid arrest over allegations that she murdered Dr Thabane’s former wife, Lipolelo on 14 June 2017.

In overturning her 5 February 2020 judgement granting ‘Maesaiah bail, the apex court delivered a scathing assessment of Justice Mahase’s conduct, saying there were “gross irregularities” in the manner that she conducted the bail hearing.  The bench said she had acted with “unusual speed” and she did not “exercise her mind properly” and “exercise her discretion judiciously” resulting in the “incomplete and insufficient consideration of relevant issues”.

Justice Mahase’s conduct was also called into question last year.  The apex court not only set aside all her rulings but also ordered her not to hear any cases involving the All Basotho Convention (ABC)’s power struggle between Mr Thabane and his deputy, Professor Nqosa Mahao.

The ‘Maesaiah bail judgement is the latest in the ever-growing list of controversies surrounding Justice Mahase ever since her September 2018 appointment by Mr Thabane to act in place of Justice Majara who was suspended that same month by Mr Thabane on the grounds of alleged misconduct and incompetence.

While the analysts say the jury is still out on Justice Majara’s time at the helm of the judiciary, there are more clear-cut issues which would make for prima facie (on the face of it) charges of incompetence and misconduct against Justice Mahase.

The analysts say that instead of recommending to King Letsie III her appointment as substantive chief justice, Mr Thabane should have instead recommended her removal from the High Court bench and the judiciary for conduct which has turned Lesotho’s judiciary into a laughing stock and undermined confidence in the justice system.

Lipolelo Thabane was gunned down in cold blood in June 2017 just two days before Mr Thabane’s inauguration for his second stint as prime minister.

Just when it appeared that the police had made a breakthrough in the case which shocked Lesotho and the international community with the arrest and arraignment of ‘Maesaiah, Justice Mahase did the unthinkable by wresting ‘Maesaiah’s bail application from another judge and taking charge of it herself.

According to authoritative judicial sources, the bail application was supposed to have been heard by the judge on call for bail applications and other urgent applications as per practice. The judge on call that week was Justice Keketso Moahloli, not Justice Mahase.

The sources said contrary to practice, Justice Mahase decided to hear the case herself and granted ‘Maesaiah bail without even allowing the police to oppose the bail on the grounds that ‘Maesaiah was a flight risk as she had already skipped the country after she had been called in for questioning. Now that she had been formally charged, she would have reason to abscond permanently.

Apart from skipping the country, Deputy Police Commissioner (DCP) Paseka Mokete and one of the witnesses, Thato Sibolla, had intended to argue that ‘Maesaiah should be locked up because she was a dangerous suspect who could intimidate or even kill witnesses to weaken and destroy the case against her.

All these factors, Justice Mahase ignored and it was therefore not surprising that last Friday the apex court not only overturned her judgement but also issued a damning assessment of her conduct as a judge.

“That the possibility of interference with evidence – and particularly with potential witnesses – was a not duly considered, is a serious oversight,” the apex court said in the Friday 29 May 2020 verdict overturning Justice Mahase’s decision to grant ‘Maesaiah bail.

“To intimidate and even kill witnesses expected to testify in upcoming trials is not uncommon…This vacuum in the proceedings of the High Court is almost unthinkable but indeed fatal. It constitutes a gross irregularity and indicates that the High Court did not apply its mind properly and exercise its mind properly and exercise its discretion judiciously.

“The proceedings took place in chambers instead of in an open court. They happened with highly unusual speed. No witnesses were called… There is no indication that the prospects of conviction were interrogated…,” the apex court further noted.

Prominent legal practitioner, Advocate Letuka Molati, said Justice Mahase should not have presided over ‘Maesaiah’s bail application as this could be construed as her way of repaying Mr Thabane for recommending that she be appointed substantive chief justice in place of Justice Majara.

“It really defies logic how ‘Maesaiah who fled from justice and then comes back is granted bail,” said Adv Molati.

“‘Maesaiah’s release was wrong and her bail application should not have been done by Justice Mahase who is known to have a deal with former Prime Minister Thabane that she be confirmed as substantive chief justice.

“There was preferential treatment for ‘Maesaiah while other criminal suspects in a similar position have been denied bail.

“Justice Mahase is highly conflicted and she should not have heard the application,” said Adv Molati whose clients include murder-accused former army commander, Lieutenant General Tlali Kamoli.

Among other charges, Lt-Gen Kamoli is accused of the 25 June 2015 murder of army commander, Lt-Gen Maaparankoe Mahao. Lt-Gen Kamoli is languishing in remand prison having been denied bail since his arrest in October 2017.

Retired lawyer, Adv Kelebone Maope, was more scathing in his assessment of Justice Mahase’s conduct, saying she should not even be allowed to remain a judge after her latest excoriation by the apex court over her bail decision in favour of the former First Lady.

“Justice Mahase has never been convincing and I would not recommend that she be appointed substantive chief justice or even remain a judge.

“I taught her law at the National University of Lesotho (NUL) so I would say I have a good knowledge of her conduct. I have also noted with concern a record of her cases which were overturned by the Court of Appeal.

“I remember way back when she granted bail to a member of one of the security agencies without giving the police a chance to oppose the bail. Soon after the granting of bail, the accused fled the country.

“Granting ‘Maesaiah bail and the manner in which it was done was just a repetition of what she is used to doing. I am not sure whether it is because she does not know what to do or she is simply ignoring the right procedure. There are a lot of issues about which would take forever to discuss but all in all I would say she is unfit to remain a judge,” said Adv Maope.

NUL senior political science lecturer, Mohlomi Mahlelebe, concurred saying Justice Mahase was unfit to remain a judge because she had shown an inclination to protection of “certain interests rather than be impartial as a judge should be”.

“It would be a great mistake for the new government to push for the acting chief justice to be confirmed as the substantive holder of that post because of the manner she has been conducting herself.

“In overserving her conduct and decisions, we saw a person who looked as if she had been given a mandate to protect certain interests and we can never expect such a person to be impartial. It is normal for Court of Appeal to review judgements but the rate or manner in which the apex court has revoked her judgements shows that her conduct is questionable,” Dr Mahlelebe said.

Newly appointed Justice and Law minister Professor Mahao is already on record criticising Mr Thabane’s moves to have Justice Mahase appointed substantive chief justice, saying “it cannot be right… to appoint someone who has so patently proven herself not to be competent for the job”.

“I don’t know how someone can appoint someone (Justice Mahase) who has so patently proven herself to be incompetent for the job…And then he (Mr Thabane) still proceeded to recommend the appointment of someone like that. It is a disaster. It just shows that leaders in this country don’t have the interests of the nation at heart, it is all about themselves and their friends,” Prof Mahao said.

Prof Mahao, who is also ABC deputy leader, was on the receiving end of several judgements by Justice Mahase in court cases relating to his power struggle with Mr Thabane in 2019.

Justice Mahase has the dubious distinction of not only having all her judgements in cases involving the ABC and Mr Thabane overturned by the apex court, but also being subsequently ordered not to preside over such cases due to her apparent bias.

The first of these was her January 2019 ruling which upheld the ABC’s disqualification of Prof Mahao from contesting the party’s February 2019 elective conference. Her decision was immediately overturned by the Court of Appeal, paving the way for Prof Mahao to contest and beat a strong field of ABC heavyweights including new Prime Minister Moeketsi Majoro to clinch the coveted post of deputy leader.

May 2019 was a torrid month for Justice Mahase as she was on the receiving end of a rare public protest by ABC supporters who accused her of bias and dragging her feet in a case in which three ABC legislators – Habofanoe Lehana (Khafung), Keketso Sello (Hlotse) and Mohapi Mohapinyane (Rothe) wanted the election of Prof Mahao and his allies into the party’s national executive committee (NEC) nullified.  Public demonstrations against a judge are unprecedented in Lesotho. The effect of her dragging her feet on adjudicating the matter was to disable Prof Mahao and company from exercising their rights as ABC office bearers while that matter was still pending.

When she finally heard the case, Justice Mahase inexplicably nullified the ABC’s entire elective conference.

Again, the Court of Appeal subsequently overturned her judgement and gave back control of the ABC to the Mahao NEC.

The apex court went further and banned her from ever presiding over cases relating to the ABC power struggle.

With all these preceding and latest controversies, one lawyer who spoke on condition of anonymity, said Justice Mahase has not covered herself in glory and there is no way the new government should allow her to remain on the bench.

“Who needs enemies when you’ve got yourself to shoot yourself in the feet?  Justice Mahase has done enough damage to her own reputation through these glaring biased judgements. More importantly, the image of the judiciary has been tainted by her conduct. She should not be confirmed substantive chief justice, let alone remain a judge,” the lawyer said.

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LCD, AD wrangle over opposition leadership in parliament

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Ntsebeng Motsoeli

A fight over who will become the official leader of the opposition in parliament is brewing between former deputy prime ministers Monyane Moleleki and Mothetjoa Metsing’s parties.

Mr Metsing who served as deputy prime minister under former prime minister Thomas Thabane from 2012 to 2015 and again from 2015 to 2017 under Pakalitha Mosisili, leads the Lesotho Congress for Democracy (LCD). Mr Moleleki served as deputy prime minister under Mr Thabane from 2017 to 11 May 2020. He leads the Alliance of Democrats (AD) which is now in opposition after the collapse of the Thabane regime over a fortnight ago.

The LCD says its leader is entitled to the post because it won more votes in the June 2017 elections than the AD.

The office of the official leader of the opposition comes with lucrative perks including a salary, two motor vehicles and official security.

It was left vacant after Democratic Congress (DC) leader Mathibeli Mokhothu’s appointment as deputy prime minister on 20 May 2020. This after Mr Mokhothu’s DC agreed a deal with the ruling All Basotho Convention (ABC) to form a new government to replace Messrs Thabane and Moleleki’s coalition.

Normally, the post is given to the opposition leader with the largest number of seats. This time there is a unique situation where both the AD and LCD have an equal number of seats at 11 legislators apiece.

Over the weekend, Mr Metsing told the Lesotho Times’ sister Sunday Express newspaper that the speaker of parliament, Sephiri Motanyane, would soon decide who, between him and Mr Moleleki should be the leader of the opposition. Mr Motanyane was not reachable this week to comment on the matter.

But LCD spokesperson Apesi Ratšele is adamant Mr Metsing should be given the post because all the LCD seats were garnered in the 3 June 2017 elections while those of the AD included “a patchwork of seats obtained from defections from another party”.

This was in reference to legislators Tlohelang Aumane and Mothepu Mahapa who won the Semena and Tele constituencies respectively on a DC ticket before jumping ship to join the AD. Mr Aumane was rewarded with the post of Development Planning minister in the previous government while Mr Mahapa was appointed deputy minister of Education and Training.

“That position has to be given to the LCD. The LCD has higher numbers of overall voters than the AD,” Mr Ratšele told the Lesotho Times this week.

“The proportional representation seats are calculated according to the overall number of people who voted for a party and we got our 11 seats because a combined total of 52 000 people voted for the LCD in the last elections.

“They (AD) had fewer seats than us until two MPs defected from the DC because they were eying the ministerial positions which they have now lost. The AD had a combined 39 000 votes. Even if we included the votes for the two MPs who defected from the DC, their (AD’s) overall number of votes would still be less than ours.

“It is our conclusion that our numbers are higher than those of AD and so we deserve that post of leader of opposition,” he said.

AD spokesperson Thuso Litjobo said Messrs Metsing and Moleleki should not be fighting over the post but should instead work together as they were now in the opposition. He said the two opposition leaders had to meet soon and agree on who should be given the post before informing Mr Motanyane of their decision.

“This is the first time that opposition parties have equal representation and it cannot be automatically determined who the leader of the opposition in parliament should be.

“The LCD and the AD are one thing now. We are the opposition. So, it does not matter to us which of the two leaders takes the post. What is important is that the post should be filled and the incumbent should do his job,” Mr Litjobo said.

 

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Ramaphosa orders safe return of journalist holed in Lesotho

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’Marafaele Mohloboli

SOUTH Africa President Cyril Ramaphosa has ordered the safe return of Paul Nthoba, a South African journalist who has been holed in Lesotho after fleeing from his country last.

Mr Nthoba fled South Africa after he was allegedly assaulted by the police. Mr Nthoba, who edits a community newspaper, Mokohare News, crossed the border on 19 May 2020 days after the alleged police assaults for his coverage of lockdown enforcement operations.

Addressing the media on Sunday through a video conference, Mr Ramaphosa said the matter was already being investigated following calls for intervention by the South African National Editors Forum (SANEF) and he would direct the police ensure Nthoba’s safe return to South Africa.

“I’m unhappy to hear that there is another journalist who has had to flee the country and go into Lesotho for fear of either being arrested or fear of being dealt with,” Mr Ramaphosa said.

“I’m going to direct Police Minister Bheki Cele to make sure that he (journalist) has safe passage back into South Africa and that he should not be molested in anyway.”

He added: “I’m going to get the minister to make sure the journalist is not subjected to any form of threats or any form of harassment because, as you correctly said, he was just doing his work.”

The 47-year-old Nthoba, who resides in Ficksburg, had to illegally cross into Lesotho seeking protection from the United Nations. For now, he remains in a quarantine facility in Lesotho pending the investigation of the matter by the Independent Police Investigative Directorate (IPID).

Mr Nthoba told the Lesotho Times this week that he had no choice but to flee into hiding as the police officers who tortured him were still at work and making persistent threats regardless having reported this matter to the senior officers.

“I had no choice but to flee for my life as I feared that the police officers would continue harassing me,” Mr Nthoba said.

He said the harrasment started when one police officer questioned him why he was taking pictures of police officers. Despite explaining that he was a journalist, one of the senior officers allegedly instructed his subordinates to assault Mr Nthoba.

He was then apprehended by four of the officers and decided to record their conversation with his phone. The officers demanded his phone but he refused to hand it over upon which he was slapped by one of the officers.

“The rest of the officers then started beating me. They managed to get my phone but failed to unlock it. They gave it back and then ordered me to leave,” Mr Nthoba said.

Throughout the beatings, he asked what he had done wrong but the officers continued assaulting him.

His attempts to report the matter at the police station were fruitless as the officers, who were now back at the station, assaulted him again and confiscated his two mobile phones and locked up in a holding cell.

A friend of his later came looking for him but was ordered to bring a lawyer. The officers also tried to get him to sign a statement but he refused because it did not capture his side of the story.

“A lawyer later came and he told me that I was being charged for violating the Disaster Management Act. Soon after the lawyer’s departure, I was told that I would be released after four hours as per their procedure.

“I was later charged and released after four hours and given a medical form with which I went to the hospital where I was treated for injuries and trauma as I was shaking uncontrollably,” Mr Nthoba said.

He said he then decided to skip the country after learning that the police were monitoring his movements.

On Monday Mr Nthoba said the treatment that he was subjected to was inhumane.

“This should not happen to anyone irrespective of their profession, especially in a democratic country. South Africa professes to champion freedom of the press and expression… Freedom loving people from all over the world should condemn this travesty,” Mr Nthoba said.

 

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Thakalekoala, Moyeye fired  

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’Marafaele Mohloboli

NEWLY appointed Prime Minister Moeketsi Majoro has terminated the contracts of his predecessor Thomas Thabane’s spokesperson Relebohile Moyeye and senior private secretary Thabo Thakalekoala.

Mr Thakalekoala is not happy with the move as he believes his contract only ends in 2022, the year when Mr Thabane’s tenure was supposed to have ended. The former premier was appointed in 2017 and his tenure was supposed to last five years until 2022. He was, however, forced to quit on 19 May 2020.

This after his own All Basotho Convention (ABC) party withdrew from the governing coalition with the Alliance of Democrats, Basotho National Party and Reformed Congress of Lesotho. The ABC subsequently formed a new government with the Democratic Congress, and several other parties, and Dr Majoro was appointed premier in place of Mr Thabane.

Government sources this week told the Lesotho Times Mr Thakalekoala had been summoned by the principal secretary for cabinet administration, Lefu Manyokole, at the weekend and told his services were no longer needed. The sources said Mr Thakalekoala was then ordered to surrender keys for his office and official vehicle.

Messrs Manyokole and Thakalekoala were not reachable for comment on their mobile phones this week.

However, Mr Thakalekoala told a local radio station he believed that he should not have been fired because his contract was tied to a prime minister’s five-year tenure.  Mr Thabane’s premature departure from office should thus not have resulted in his firing, he claimed.

“My understanding is that I should still continue in my contract,” Mr Thakalekoala said.

“I sought audience with Ntate Majoro but he just didn’t have time for me. However, I was surprised that everything was communicated to me by Ntate Manyokole but Manyokole did not have a right to expel me as he was my subordinate.

“On Monday, I was accosted by some police officers from the Special Operations Unit (SOU) who were in the company of a driver from cabinet. But I refused to hand over my car keys to them because people were watching. The police took me to the office of Government Secretary (Moahloli Mphaka) who said I should be left in his care,” added Mr Thakalekoala. He did not say what transpired afterwards and when he eventually vacated office.

On the other hand, Mr Moyeye told the Lesotho Times that he had no problem leaving office as he understood that he was in office only as long as Mr Thabane was prime minister. Now that the former premier had left office, he too had to go, he said.

“My contract is very clear that my employment is tied to the (former) prime minister (Mr Thabane) being in office. His departure automatically meant that my contract also came to an end.

“Immediately after he (Mr Thabane) made his retirement statement on 19 May, I went straight to my office and took my phone charger which happened to be my only property in that office and I left without questioning anyone. I knew that I had been hired by him and now that he was leaving, I was also expected to go. There was no need to create a scene whatsoever and make any noise about it,” said Mr Moyeye.

Meanwhile, the brouhaha surrounding Mr Thakalekoala’s departure has resulted in the Attorney General Advocate Haae Phoofolo issuing a legal opinion on the “contracts of employment of public officers whose contracts are linked to the tenure of office of the prime minister”.

In his opinion issued on Tuesday, Adv Phoofolo unequivocally states that public officers like Mr Thakalekoala can only be in employment “for as long as the incumbent remains in office as the prime minister”.

“It would not be correct, with all due respect, to interpret the terms of those contracts to mean that such contracts are linked to the life of the government being a period of five years…

“It cannot therefore be said that an employment contract exists for as long as the office of the prime minister exists. A logical interpretation could only be for as long as the incumbent remains in the office of the prime minister…

“The contractual relationship ceases automatically upon the departure of that particular prime minister. The rationale behind this position is to allow the incoming prime minister a free hand to choose any person to serve directly under him,” Adv Phoofolo states.

This means that Mr Thakalekoala’s tenure was tied to that of Mr Thabane and he automatically ceased to be a public officer when Mr Thabane quit his post.

Adv Phoofolo said a public officer’s contract could also be terminated if he resigned after giving a month’s notice.

In any event, it is routine for leaders the world over to appoint trusted lieutenants to positions like that of private secretary and spokesperson as these are not statutory offices with stringent criteria for appointment but more of political appointments based on political considerations and personal trust. For Mr Thakalekoala to therefore cry foul over his firing is thus utterly incomprehensible.

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Judge Molete dies

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’Marafaele Mohloboli

BARELY a year after the death of Justice ‘Maseshophe Hlajoane, the judiciary has once again been plunged into mourning after the sudden death of another High Court Judge Lebohang Aaron Molete.

He was 61. He is survived by his wife ‘Maboitumelo and two adult sons, Bereng and Tlotliso.

A family spokesperson, Advocate Mohale Thipe, said Justice Molete died on Saturday morning while being ferried to Willies Hospital, Maseru, for treatment for complications arising from a recent stroke.

“He (Justice Molete) recently suffered a stroke and he had been receiving medical attention until he passed away on Saturday morning,” Adv Thipe told the Lesotho Times.

“He was like a father to us in the family and his sudden departure has left a huge void and we are crippled and mystified as we try to find answers as to why he had to go so soon.”

The late Justice Molete was born on 2 February 1959. He studied for his BA (Law) and LLB Degrees from the National University of Lesotho from 1976 to 1980.

He joined the legal profession in 1982 doing his articles (a legal apprenticeship) with prominent law firm Webber Newdigate. He rose through the ranks and became a partner in the same law firm in 1989.

He has also worked as a consultant on the World Bank’s “Doing Business” project.

By 1994, he was specialising in commercial cases, labour as well as patent cases.

He became the first Mosotho judge to join the Commercial Division of the High Court in December 2010.

He was one of the presiding judges over the case of the slain Lesotho Electricity Company (LEC) internal auditor, Mr Thibello Nteso, who was murdered in 2017. The murder happened shortly after Mr Nteso had raised alarm over the misappropriation of M170 million at the power utility. The case is pending before the High court.

He also found himself at the centre of controversy over his handling of the controversial MKM saga in 2018 when thousands of MKM Star Lion Group investors demanded that he recuse himself from the case for allegedly conniving with the liquidators engaged after the investment scheme was shut down by the Central Bank of Lesotho (CBL).

MKM Star Lion Group was shut down in November 2007 by the CBL on the grounds that the company was illegally operating banking and insurance businesses. As a result, thousands of investors lost their money and the investors have a pending court case as they seek to recover their funds frozen by the CBL.

Justice Molete’s death comes barely a year since the passing on of Justice ‘Maseshophe Hlajoane, who died in March 2019. Their deaths have aggravated the chronic understaffing in the judiciary which is struggling to deal with a huge backlog of cases estimated to be in excess of 4000.

After the enforced departure of former chief justice Nthomeng Majara (see story on page 9), the deaths of Justices Hlajoane and Molete as well as the expected retirement of three judges at the end of the year, there will only be 10 judges left to deal with the huge backlog of cases.

Justice Molete will be laid to rest on Saturday at his Khubetsoana home in Berea.

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Metsing, Mochoboroane ConCourt case postponed again

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Mohalenyane Phakela

FORMER Deputy Prime Minister Mothetjoa Metsing, former army commander Tlali Kamoli, and newly appointed Development Planning Minister Selibe Mochoboroane’s Constitutional Court application to stop the state from trying them for treason has been postponed to 11 June 2020.

Acting Chief Justice ‘Maseforo Mahase this week postponed the case to give Attorney General Advocate Haae Phoofolo time to file his papers in connection with the case.

This after Messrs Metsing and Mochoboroane’s lawyer, Adv Motiea Teele, had asked for the postponement to enable the new All Basotho Convention (ABC) and Democratic Congress (DC) governing coalition to state its position regarding the case.

“We are not trying to delay the trial but we seek a postponement to allow the new government to consider its position on the treason charges,” Adv Teele said on Monday.

Justice Mahase, who was the presiding judge, then postponed the case to 11 June 2020 to give Adv Phoofolo time to file his papers stating the new government’s position in connection with the case.

A new ABC-DC coalition government headed by Moeketsi Majoro was installed on 20 May 2020, replacing the former four party coalition headed by former premier Thomas Thabane.

Last month the Southern African Development Community (SADC) head of the facilitation team to Lesotho, Retired Justice Dikgang Moseneke, wrote to Mr Thabane, saying SADC wanted the trial stopped in line with a SADC-brokered 2018 agreement between the then government and opposition.

In terms of the October 2018 agreement, Mr Metsing and other opposition politicians are not supposed to be charged with any crimes until after the completion of the multi-sector reforms recommended by SADC in 2016.

Prior to the fall of his government, Mr Thabane had not stated whether or not the state would comply with the SADC position.

Justice Mahase and her Constitutional Court colleagues, Justices Semapo Peete and Molefi Makara had previously outlawed the October 2018 agreement.  But they have now been asked to rescind their judgment.

The treason case is in connection with the 30 August 2014 attempted coup against the first government of former Prime Minister Thomas Thabane.

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Two more Covid-19 cases in Lesotho

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Limpho Sello

LESOTHO has recorded two more cases of the deadly Coronavirus (Covid-19) disease, Health Minister Motlatsi Maqelepo said yesterday.

This brings to four, the number of Covid-19 cases confirmed in Lesotho ever since the virus was first detected in China in December 2019. Lesotho recorded its first Covid-19 case on 12 May 2020.

Two of the four patients have since recovered meaning that there are only two active cases in the country.

The two patients have been placed in isolation at Berea Hospital.

In a statement yesterday, Mr Maqelepo said the two positive cases were from 421 people who crossed into the country from neighbouring South Africa. He said samples had been taken from all the 421 people and sent to South Africa for testing on Friday 29 May 2020.

Lesotho does not have testing facilities of its own and relies on South Africa.

“The samples were sent to South Africa for testing on  29 May 2020 and the results were received on 1 June 2020,” Mr Maqelepo said.

“Out of the 421 samples, 419 tested negative while two tested positive for Covid-19.”

He said the two positive patients entered Lesotho from Cape Town on 23 May 2020 through different illegal entry points in Quthing district. South Africa and Lesotho’s borders are currently closed as part of efforts to prevent the spread of Covid-19. But this has not stopped Basotho from illegally crossing back into the country from South Africa which has the highest number of Covid-19 cases in Africa. By yesterday, South Africa had recorded 35 812 infections and 755 deaths.

This means that three of the four cases recorded so far are of people who illegally crossed into the country from virus-hit South Africa. The other case was that of a Lesotho national who had been studying in Saudi Arabia.

Mr Maqelepo said all the people who had come into contact with the two Covid-19 patients were currently being traced and would be tested and quarantined.

He appealed to the public to observe all public health regulations including wearing face masks in public places and washing hands with soap or sanitisers to avoid contracting and spreading Covid-19.

 

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“Deeply rooted fraud and corruption” at LEC – report  

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Pascalinah Kabi

A FORENSIC investigation into the affairs of the Lesotho Electricity Company (LEC) has revealed deep rooted malfeasance within the power utility including fraud, theft and corruption.

According to the December 2018 confidential report by South African consultants SNG Grant Thornton, the LCE is owed M110, 1 million by its various unnamed debtors. SNG’s findings have not been made public but the Lesotho Times this week saw a copy of the confidential report.

Apart from the debts, four companies belonging to some senior LEC managers were awarded tenders ranging from M53 000 to M181 000. This is against corporate governance practices which forbid employees from bidding for tenders in their own organisations.

In another development, two companies – Lucy Switchgear and Free State Transformers – were irregularly awarded contracts of M4, 5 million and M12, 2 million respectively. Lucy Switchgear was awarded a contract to supply LEC with ring main units (RMUs) without going to tender. An RMU is a sealed, gas-insulated compact switchgear unit.

Free State Transformers was awarded a tender to supply the LEC with transformers valued at M12 million. This was despite that the company contravened the tender rules by only submitting its security bid a day after the deadline of 23 August 2013.

In another instance, a company called CBI was awarded an M8, 6 million tender to supply the LEC with conductors without going to tender.

“Procurement of the conductor should have gone to tender because the value exceeded the threshold of M100 000,” the SNG report states. LEC procurement policies state that any tender worth more than M100 000 must go through the tendering processes.

These and a host of other financial irregularities paint a bleak picture of how the LEC is governed.

The SNG report is titled “Executive Summary: Governance Review, Turnaround Action and Investigations on behalf of Lesotho Electricity Company: Strictly Confidential”.

It follows a similar report issued in 2017 by the LEC’s internal audit department (IAD) which detailed the rot that has taken root at the parastatal. The report called upon the then new LEC board to send a strong message to the parastatal’s management that any forms of malfeasance would no longer be tolerated at the state-owned utility tasked with the generation and distribution of power in Lesotho.

The current board is led by National University of Lesotho (NUL) professor of physics, Molibeli Taele.

In an interview with this publication soon after the 2017 report leaked, the then LEC board chairperson Refiloe Matekane said he had inherited a mess at the LEC and would do all in his power to restore the parastatal to prudence and financial viability for the benefit of the country.

The confidential internal audit report also painted a picture of a dysfunctional organisation where poor corporate governance practices had allowed employees to increasingly engage in fraudulent activities ranging from small misdemeanours to huge frauds and corruption of as much as M170 million.

The embezzlement of M170 million is suspected to be the cause of the assassination of the LEC’s head of internal audit, Thibello Nteso, who was shot and killed early 2017 after he raised the alarm bells over the corruption at the parastatal.

The indiscipline and corruption of LEC staff resulted in them connecting electricity illegally to consumers in exchange of bribes and failing to pursue debts owed to the parastatal.

Some LEC employees had been paid huge gratuities in excess of M500 000 despite that they do not qualify for such benefits while illegal payments of as much as M400 000 had been made to lawyers.

The LEC’s company secretary Adv Retsepile Ntšehlele yesterday confirmed the authenticity of the latest LEC report prepared for the power utility by SNG.

He said the investigation of the LEC’s rot was prompted by previous adverse external and internal auditors’ reports.

He said the investigators had helped the LEC board to appreciate the “magnitude of the rot within the LEC”.

“That report is still confidential and I don’t know how it got leaked. I find it shocking that it is now in the hands of the media,” Adv Ntšehlele said.

“The board decided to engage an investigator so that we fully understand the kind of an organisation that we would be directing when we came in. We needed to understand the level of ill-discipline within the LEC which brought about this state of affairs.

“The investigation helped us to appreciate the magnitude of the laxity within the LEC. For instance, we did not know that two vehicles are missing. These are some of the dynamics we are grappling with,” Adv Ntšehlele said.

He said the LEC board of directors decided to engage SNG in May 2018 to “perform corporate governance review, advise on turn around action and conduct investigations on behalf of the LEC”.

SNG was further required to assist the LEC with recommendations to address the identified anomalies of poor ethics, corporate governance failure, theft, fraud, corruption, lax controls and loss of revenue.

In its report, SNG said some debtors had still not paid the LEC despite their debts being long overdue.

“About M25, 3 million (is outstanding) for financial year 2016, another M33, 9 million for financial year 2017 and M50, 9 million for the financial years 2018. This poses a risk that assets in the annual financial statements are overstated by debt that is not recoverable.

“We noted that the disconnection strategy was discontinued and currently disconnections are not implemented and this was allegedly on the instruction of a Mr Nkhahle. As a result of this, there is limited recoverability of debt from customers because there are no disconnections,” the report states.

The report recommended that the LEC should ensure that debtors’ files are complete and updated regularly.  It also said the physical files should be updated so that they can be used in case of system failure.

The investigators also recommended written contracts signed by the LEC and their suppliers so that rights and obligations can be enforced in instances of breach of contracts.

Commenting on the issue, Adv Ntšehlele told this publication that the LEC had put itself in a difficult position by failing to recover the debts “because you cannot be in business and fail to collect debts from your debtors”.

He said some of the LEC’s policies including the procurement policy were obsolete, adding they had to be revised to keep up with the changing times.

SNG also discovered that four LEC employees – Mongali Tlali, Tšepang Tlaitlai, Manei Mohasi and Thabo Monaheng – owned companies that had direct dealings with the LEC.

Mr Tlali’s Fahrenheit Construction was awarded a M139, 000 tender; Mr Tlaitlai’s Simply Green got a M181, 600 contract; Mr Mohasi’s Main Powerline Electrical Co was awarded a M149 000 contract while Mr Monahaneng’s Fedics Services Lesotho was also awarded a M53, 200 tender. It is however, not stated what the tenders were for and which year they were awarded.

“We did not receive declarations of conflict of interest forms from the following individuals (of) Mongali Tlali, Manei Mohasi and Thabo Monaheng. This poses a risk in that the LEC staff are conflicted in the business processes within LEC,” the report states in reference to the tenders.

The report also notes that some LEC procurement staffers received gifts from known LEC suppliers and said this compromised their independence and judgement whenever they had to deal with the said suppliers. Those who received gifts were named as Mohale Peter Mohale, Matsepo Lekhoaba, Lekopa Mokoena, Sarah Motloung, Nandi Monokoa and Mantsukunyane Tšiu.

SNG recommended that LEC should revise its procurement policy to the number of gifts that could be received from suppliers as well as the value of such gifts to ensure the LEC’s procurement department’s independence and integrity was not compromised.

Adv Ntšehlele said the LEC had already commenced disciplinary proceedings against Messrs Tlali, Tlaitlai, Mohasi and Monaheng. He said dismissal had been recommended for one of them while the others’ fate is yet to be determined.

“The sad part about investigations is that you will, be attempting to deal with a situation when the horse has already bolted. There is nothing we can do except to take action against the (errant) employees.

“Our main focus is stemming the rot at managerial level because the ethical tone of a company is set at the top before it cascades down to all and sundry,” Adv Ntšehlele said.

 

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Disgruntled ABC legislators push for BNP, RCL ouster from govt

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vow to bring down govt if their demands are not met

Pascalinah Kabi

NEWLY appointed Prime Minister Moeketsi Majoro faces a revolt from ABC legislators who are unhappy over the inclusion of the Basotho National Party (BNP) and Reformed Congress of Lesotho (RCL) leaders in the new cabinet.

The ABC legislators, who include former Local Government and Chieftainship minister Mahala Molapo and former ABC parliamentary caucus chairperson Fako Moshoeshoe, are said to be aggrieved with the inclusion of BNP leader Thesele ‘Maseribane, his deputy Machesetsa Mofomobe and RCL leader Keketso Rantšo.

They vowed to start a new political war to bring down the Majoro coalition if their grievances are not addressed soon.

One of the aggrieved MPs, Tšoana-Makhulo legislator Tšoeu Molise, claimed this week the disgruntled MPs numbered 26, a very significant figure if it is accurate.

Dr Majoro replaced ABC leader Thomas Thabane as prime minister on 20 May 2020. A day later he reappointed Chief ‘Maseribane and Ms Rantšo to their old posts of Communications, Science and Technology as well as Labour and Employment ministers respectively. Mr Mofomobe was moved from deputy minister of Home Affairs to that of deputy minister of Foreign Affairs and International Relations.

Dr Majoro included the trio in his government in recognition of their role as traditional allies of the ABC but this has not gone down well with at least half of the ABC’s 53 legislators.  They feel that the new government would still be stable even without the BNP and RCL, according to Mr Molise.

The ABC and DC jointly have 78 seats in parliament and this, Mr Molise says, means the BNP and RCL are not needed and therefore should not be given any cabinet posts ahead of ABC MPs.

The BNP, RCL, Movement for Economic Change (MEC) and Popular Front for Democracy (PFD) are all among smaller parties whose leaders have been rewarded with cabinet portfolios for their support for the ABC-DC coalition.

Initially the ABC’s NEC’s 3 April 2020 agreement with the DC to form a new government was only supported by 34 ABC legislators. The DC has 26 legislators and therefore the ABC’s NEC had to negotiate with other parties including the BNP (five seats) and RCL (one seat) to give them the numbers to meet the 61-seat threshold required to form a new government.

Other parties including the MEC (six seats), PFD (three seats), all expressed their support for the ABC-DC coalition. Cornered and left without a choice, Mr Thabane and his ABC allies eventually endorsed the ABC-DC deal on 11 May 2020. If Mr Thabane’s retreat to support the new coalition had been backed by all ABC MPs, the new ABC-DC coalition would have been easily formed by the two parties without the support of other smaller parties. But that was by no means clear as some of the ABC MPs pledged their support for the new coalition only on condition that it was led by Mr Thabane.

Dr Majoro proceeded to appoint a cabinet which included leaders and key members of other parties that had endorsed his candidature. But while no objections have been raised against the appointments of PDF and MEC leaders, who are perceived to be allies of the DC, the ABC legislators are not happy with the inclusion of BNP and RCL leaders yet these are the party’s traditional allies.

When the Lesotho Times initially broke the story of the story of the ABC legislators’ disgruntlement, the exact number was not clear and it only appeared Messrs Fako and Mohale’s Hoek, legislator, Selemo Mangobe, were the notable figures in the campaign to cut ties with the BNP and RCL.

But fresh information suggests the number is actually increasing, with Mr Molise claiming as many as 26 ABC legislators are aggrieved. That is a significant number to cause problems for Dr Majoro if they all act with a common purpose.

Mr Molise said he and his colleagues were of the view that the ABC and DC did not need the BNP and RCL as they had “more than enough seats” to form a government on their own.

The ministerial posts given to the BNP and RCL should thus be reclaimed and given to ABC loyalists “who could be trusted to ensure efficient service delivery”.

“It is true that I am one of the 26 ABC MPs who want the BNP and RCL out of this government,” Mr Molise said.

“There is no way ‘M’e Keke (Rantšo) can be a minister in an ABC-DC government when the Taung constituency rejected her in favour of the ABC’s Ntate Mangobe (in the 2017 elections). She cannot be minister when the Taung MP (Mangobe) is not one.

He grumbled that the ABC’s NEC appeared unmoved by their complaints and warned that as more disgruntled ABC legislators continued to join them, they would master a huge enough majority to oust Dr Majoro.

“It is easy to destabilise the government. Remember that the Mahao faction which was initially made up of 17 MPs, managed to topple the government. How difficult can it be for us then when we have more MPs?

“Some of the ABC MPs were not supporting our cause before all the ministers were announced. Some like Ntate Prince Maliehe attended our meetings but he has stopped after he was miraculously appointed a minister (Defence and National Security). Those who were not attending hoping they would be appointed ministers (but were not) are now attending our meetings.

“Once we are done with the processes of approving the budget, the gloves will be off,” Mr Molise promised.

Bobatsi constituency MP, Sello Mooki, who is among the dejected ABC legislators, said the 26 ABC had raised their grievances at a meeting with the NEC on Monday 25 May 2020.

Ntate Mahala (Molapo) was the one who spoke on our behalf at the caucus meeting. We seconded him and made it clear that the BNP and RCL should be kicked out of government.

“Some of the legislators who are former ministers joined in and supported us. The new ministers remained quiet throughout but as the numbers of disgruntled MPs increased, it was eventually agreed (that the BNP and RCL should be kicked out).

“The secretary general (Mr Hlaele) replied by saying the NEC had heard our concerns and asked for time to communicate our decision to the BNP and RCL,” Mr Mooki said.

He said they were later angered to hear ABC spokesperson Montoeli Masoetsa saying the NEC would not bow down to the demands to kick out the BNP and RCL.

“He (Mr Masoetsa) told those who were unhappy with the presence of the BNP and RCL in this government to leave the party. He said the ABC could do without them,” Mr Mooki said, adding the disgruntled MPs would meet again this week to chart a way forward.

“I cannot go into details but we want the BNP and RCL out. Refusing to let go of the two parties is declaring war on us and we are not afraid to start a new political war. We expect to win this fight. A political game is based on numbers and we have numbers,” Mr Mooki said.

Contacted for comment, Mr Hlaele this week said it was not true that the caucus meeting resolved to kick the BNP and RCL out of the government.

“It is untrue that we made a decision to kick the two parties out. They are our allies and we cannot just kick them out.

“There will always be issues of concern. We will deal with them as they come but you must know that unifying the party is not an overnight process. It is a slow process,” Mr Hlaele said.

The situation is reminiscent of the one that faced former Prime Minister Thabane when he came to power in June 2017.

Back then, legislators from the Berea district expressed their anger with Mr Thabane over the fact that only one of their number, Habofanoe Lehana of the Khafung constituency, had been given a ministerial position.

This was despite that the district had given the ABC its second biggest area electoral wins with nine seats out of the 11 contested in that district.  The ABC’s biggest win was in the Maseru district where it won 15 of the 18 contested seats.

Meanwhile, Ms Rantšo yesterday said she was unable to comment on the matter due to time constraints.

Repeated efforts to obtain comment from the BNP leaders were unsuccessful.

 

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‘Maesaiah jailed

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  • former first lady sent to prison after top court revoked her bail

Mohalenyane Phakela

FORMER First Lady ‘Maesaiah Thabane is now languishing in remand prison.

She was jailed yesterday – ahead of her trial for the murder of her husband Thomas Thabane’s ex-wife, Lipolelo – after the Court of Appeal revoked her bail last week because it had been irregularly granted.

The normally ebullient ‘Maesaiah cut a lonely and disconsolate figure in the dock even before Maseru Magistrate Thamae Thamae began proceedings to send her to prison.

On Friday 29 May 2020, the Court of Appeal nullified the M1000 bail she was controversially granted by Acting Chief Justice ‘Maseforo Mahase on 5 February 2020. The apex court ruled the bail had been unprocedurally awarded without any due consideration of the seriousness of the crime she is accused of.

The apex court ruled that the High Court should hear ‘Maesaiah’s bail application afresh. This time under a different judge and not Justice Mahase.

This means that until the bail application is heard afresh, ‘Maesaiah will be cooling her heels in prison.  She cannot legally apply for bail while outside prison, hence magistrate Thamae’s order to send her to remand prison yesterday.

Shortly after the Court of Appeal verdict last Friday, Deputy Police Commissioner (DCP) Paseka Mokete had told the Lesotho Times’ sister Sunday Express newspaper that they were now searching for Ms ‘Maesaiah with a view to handing her over to the Lesotho Correctional Service (LCS) for detention until a fresh bail application is heard. She was said to be in South Africa on undisclosed business and weekend reports in that country’s media even claimed she had fled into exile.

But the former first lady showed up at the Maseru Magistrates’ Court in the company of six police officers from the Mokete-led Criminal Investigations Division (CID) to learn of her latest fate.

“She (‘Maesaiah) was brought to the police this morning at about 9.30am by her lawyer (Adv Rethabile Setlojoane) and we took her to the magistrates’ court,” DCP Mokete told the Lesotho Times yesterday.

Although her nose and lips were covered by a mask, she wore in compliance with the public health regulations to stop the spread of the deadly Coronavirus (Covid-19) pandemic, one could tell that all was not well with the normally effervescent ‘Maesaiah. She did not engage in her usual banter with the media. Instead of posing for pictures as she usually does, she slumped into her seat and refrained from any eye contact with the police officers, judicial officers and journalists in the courtroom. Her husband Mr Thabane and his All Basotho Convention (ABC) party allies were not there for her in her darkest hour, possibly due to the restrictions on court attendances imposed as part of the Covid-19 fight.

She did not even have legal representation when the court convened. It is not clear why her lawyer was not present in court yet he had initially accompanied her to the police. A lawyer from the Director of Public Prosecutions, Advocate Lepeli Molapo, told the court that ‘Maesaiah was appearing to be remanded in custody after her bail was set aside by the Court of Appeal.

Adv Molapo said she had a right to file a fresh bail application but could only do so from custody since her 5 February 2020 bail had been revoked by the apex court.

“Pursuant to Court of Appeal judgement of 29 May 2020, bail proceedings which had been lodged by the accused (‘Maesaiah) were reviewed and set aside,” Adv Molapo said.

“The logical conclusion is that the accused is no longer out on bail. In that respect, we brought her to be remanded in custody pending the hearing of her bail petition,” added Adv Molapo.

Magistrate Thamae then remanded ‘Maesaiah in custody and ordered her to reappear for her routine remand on 16 June 2020.

“The decision of the High Court to grant you bail has been set aside by the Court of Appeal. Unless released again by the High Court, you will remain in the correctional service facility. You will report back on 16 June 2020 to find out the progress of your case, do you understand,” Magistrate Thamae said.

With an unusually low voice, ‘Maesaiah replied, “Yes I understand”.

Magistrate Thamae then ended the court proceedings and the CID police officers wasted no time in whisking away ‘Maesaiah to their waiting vehicle. They ferried her to the female section of the Maseru Central Prison where she will remain detained until she files a fresh bail application.

DCP Mokete later said “we expect her to reapply for bail and we will wait for her to serve us her papers so that we can oppose”. The police are adamant the former First Lady will plot against witnesses if left free.

‘Maesaiah stands accused of the 14 June 2017 murder of Lipolelo. She has also been charged with the attempted murder of Ms Sibolla, with whom Lipolelo had been travelling, when she was gunned down in cold blood at Ha-’Masana, Maseru. Ms Sibolla sustained some injuries in the incident which occurred just two days before Mr Thabane’s inauguration for his second stint as premier.

Mr Thabane has been charged with the same crimes but he is yet to appear alongside ‘Maesaiah after he was on 26 February 2020 granted leave by senior resident magistrate Phethise Motanyane to file a Constitutional Court application to stop the courts from trying him for the murder while he remained in office as premier.

But Mr Thabane is yet to file the said application which will now only be of academic interest, if he opts to proceed with it, as he is no longer premier after he was forced out by his own ABC party last month.

It remains to be seen if and when Mr Thabane will be charged by the DPP, whom the police blame for scuttling proper prosecution of the case. DCP Mokete said the police had done their part in investigating him and it now remained for the DPP, Adv Hlalefang Motinyane, to charge him alongside his wife.

The former first couple is accused of murdering Lipolelo because of ‘Maesaiah’s alleged impatience to become official First Lady in the wake of Mr Thabane’s June 2017 return to power and his protracted divorce proceedings from Lipolelo. The courts had earlier ruled that Lipolelo remained the rightful First Lady, entitled to all the benefits of that office, until the divorce proceedings had been finalised, a development said not to have sat well with ‘Maesaiah.

The speed with which the former first couple rushed to consummate their marriage soon after Lipolelo’s burial had also been questioned.

The police insist Mr Thabane and ‘Maesaiah were the only ones with a clear motive to eliminate Lipolelo.  They were the only ones to benefit from her demise.  But Mr Thabane vehemently rejected the allegations in a previous interview with the Lesotho Times declaring “we don’t kill people” in reference to himself and his wife.

Her incarceration yesterday marked the lowest point for ‘Maesaiah who had become accustomed to a jet set lifestyle as the ex-Prime Minister’s loyal companion. She had also become used to a life of splendour in State House, where critics accused her of directing the affairs of state, taking advantage of her elderly and frail husband, now 81.

She had always stood by her man including when they both fled into exile in the wake of the 30 August 2014 attempted coup against the first Thabane government by soldiers under the command of the then army commander, Lieutenant General Tlali Kamoli.  They were to spend nearly two years in exile in Ficksburg, South Africa, before returning to assume the reins of power once more after Mr Thabane won the June 2017 snap elections. Incidentally, Lt-Gen Kamoli is also in remand prison awaiting trial for various crimes including the June 2015 murder of former army commander, Lt-Gen Maaparankoe Mahao.

The apex court ruling revoking ‘Maesaiah’s bail vindicates Ms Sibolla and some members of Mr Thabane’s family who teamed up to petition the court to nullify her bail, alleging the decision had been rigged.

Shortly after being charged and remanded in custody by Maseru magistrate Nthabiseng Moopisa on 5 February 2020, Ms Thabane was granted bail by acting chief justice, ‘Maseforo Mahase, under highly controversial circumstances.

Aggrieved by Justice Mahase’s bail decision, Ms Sibolla teamed up with Mr Thabane’s grandson, Thomas Thabane Jr, and two others to petition the Court of Appeal to revoke the bail. Thabane Jr is the son of Mr Thabane’s second son, Potlako Thabane. They were joined in the apex court application by Mr Thabane’s nephews, Khauhelo Molapo and Thuto Makhooane.

Justice Mahase, Ms Thabane, the Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane, Attorney General Advocate Haae Phoofolo and Police Commissioner Holomo Molibeli were the first to fifth respondents respectively in the apex court application.

In its 29 May 2020 judgement, the apex court cast serious aspersions on the character of ‘Maesaiah, suggesting there was a likelihood she could interfere or even kill Ms Sibolla.

In setting aside the bail, it ruled that the High Court should hear ‘Maesaiah’s bail application afresh. This time under a different judge and not Justice Mahase.

The appeal was heard on 20 May 2020 by Justices Johann Van der Westhuizen (from South Africa), Petrus Damaseb (Namibia) and Moses Chinhengo (Zimbabwe).

Their verdict was read out on 29 May 2020 by Court of Appeal president Justice Kananelo Mosito who said, “the decision of the High Court to grant bail to the second respondent (‘Maesaiah) is set aside and the bail is referred back to the High Court to be determined by a judge other than the first respondent (Justice Mahase)”.

“The High Court is directed to enrol the matter for hearing in open court on the basis of urgency. The third respondent must pay the applicants’ costs (in the review).”

The Court of Appeal ruling harshly chastises Justice Mahase for granting the former first lady bail without giving the state an adequate opportunity to oppose it.

The police said they had planned to oppose bail because they believed ‘Maesaiah was a flight risk as she had already skipped the country after being called in for questioning in January 2020. Now that she had been formally charged, she would have reason to abscond permanently, the police had wanted to argue. But they were not given a chance as the bail proceedings were apparently stampeded to benefit ‘Maesaiah.

The bail was granted at about 5.30 pm on 5 February 2020 well after the High Court’s accounts department, which receipts bail cash, had closed at 3.30pm.

Instead of being kept in custody pending the payment of the bail money the next day, ‘Maesaiah was allowed to go home, a decision criticised as a mockery of justice. The bail deposit receipt was only issued the following day when ‘Maesaiah was already at home.

The judges also blasted DPP Motinyane for her failure to lodge a comprehensive application opposing ‘Maesaiah’s bail. She was criticised for merely concentrating on the issue of ‘Maesaiah not being a flight risk while ignoring more critical issues including the submissions by DCP Mokete and the police’s legal department that ‘Maesaiah could even kill Ms Sibolla and interfere with witnesses.

Such omissions were “fatal” as they had resulted in a flawed judgement by Justice Mahase, the apex court said. But despite DPP Motinyane’s omissions, Justice Mahase was still “duty-bound to inquire as to what she needed to know” to make an informed decision. She had dismally failed to do so, the court ruled.

The judges also cast serious aspersions on the character of ‘Maesaiah who during her heights as first lady, became infamous for her garrulous streak, publicly belittling and berating anyone who stood in her way despite their age or station in life.   The court suggested that if she remained free on bail, there was a possibility she could interfere with witnesses or even kill Ms Sibolla to stop her testifying against her.

 

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Local teams must employ sustainable models

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Moorosi Tsiane

IN the last edition of the Lesotho Times’ sister paper, the Sunday Express, we carry a story headlined “Thotanyana yet to decide on Lioli return”.

In the story, the former Lioli president claimed to have been approached by some supporters to return and “save their sinking ship”.

This comes just a year after Thotanyana decided to step down as Lioli president. He also decided against standing in last year’s elections.

The new committee that was elected at the polls, unfortunately, couldn’t last for a year as four presidents have now resigned within a year.

Acting president Itumeleng Mpokathe was the last to quit in March 2020. He followed President Tšeliso Tekateka and vice presidents Lehlohonolo Thotanyana and Tšeliso Mou.

The rate of resignations is just worrying and it has become increasingly clear that there is something wrong in the team’s system.

Thotanyana was elected in 2008 and led the side for 11 years becoming the side’s most successful president. He was the first to introduce monthly allowances and without any shadow of doubt, this was a great move for the whole footballing fraternity.

This model was later adopted by the likes of Bantu, Matlama, Likhopo and eventually most of the league teams are paying their players; thanks to Thotanyana.

Lioli is sponsored by the Alliance Insurance Company and I understand they are using part of the money they get from the insurance giants to pay the players’ salaries monthly.

While Thotanyana’s idea was a good one, I however, believe their model is not sustainable and it was no surprise that the committee that came after him struggled to keep up forcing many of them to resign from the hot seat.

Lioli’s model, just like that of Bantu, is unsustainable. Similarly, anyone who succeeds current Bantu president Leuta John Leuta will struggle to keep up.

It’s a fact that although some of our teams have sponsors, the money they get from the sponsors is inadequate for the sides to sustain high wage bills for sides like Bantu and Lioli. The sides end up relying on some members of the management’s deep pockets because the sponsorship alone cannot sustain the salaries.

Lioli and Bantu are known to be the highest paying teams in the country and almost all local players desire donning their colours.

While I am not saying teams should pay players peanuts, I also think it is also absurd for presidents to design models which cannot be inherited by their successors, especially in the community teams.

A system should be fluid on the departure of its designer. If it’s not, then the designers too would have failed.

If Thotanyana returns to Lioli, I advise him to re-work his model so that it can be steered by anyone after him to avoid situations where the team will struggle for sustenance in his absence.

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Molapo plots LTA return

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Leemisa Thuseho

FORMER Lesotho Taekwondo president (LTA) Moshoeshoe Molapo could soon bounce back and become the association’s next president.

Molapo was dethroned by Moorosana Nkesi in 2017.

Had it not been for the Coronavirus (Covid-19) outbreak, LTA would have already held its general elections in March this year.

Pending the new dates of the elections, current president Nkesi has decided to step down after serving his one term.

Despite the previous rivalry which saw him topple Molapo in 2017, Nkesi is even one of the people who proposed Molapo’s return.

Nkesi told the Lesotho Times on Monday that he would not stand for reelection.

“It has always been my goal to serve only one term, therefore I will not contest,” Nkesi said.

Now that he would be out of office, Nkesi says he will now focus on helping the sport in technical departments.

He said he advised Molapo to return because his experience could take the sport to the next level.

“I advised him to come back and lead the association… I think his taekwondo leadership experience and skills can take our sport to the next level.”

Molapo is currently the president of the Southern African Taekwondo Association (COSATA). He is also a vice president of the African Police Taekwondo Association (APTAC).

He is also an executive member of the Commonwealth Taekwondo Union (CTU) and a CTU referees’ committee member. He is also a two-time Olympics referee.

Molapo also revealed that he has been approached by some of the current committee members to return to lead the association.

He however, said there are some conditions that he has set before accepting the request because “the same people who want me back are the ones who fought for my removal in 2017”.

“I have been approached by several people in the sports fraternity to return and lead the association. Although I have not turned them down, there are few things I want to understand before taking the position.

“These are the same people who removed me from power, therefore I want to understand why they want me back. I need a clear mandate because I do not want to fail… this has to be a well calculated decision.

“I do not want to them to use me to settle their political scores. Once all the assignments are complete, I do not have any problem of leading the association,” Molapo said.

He said even when he was not in any leadership post, he tried all he could to assist but was denied the chance by the office bearers. However, he still thinks he is the best candidate.

If ever he succeeds, his vision is to restore the international partnerships that Lesotho had with some international bodies.

He said after he was dethroned, taekwondo lost grassroots development programmes that conducted outreach programmes with the assistance of the World Taekwondo Pearce Corps Programmes.

He said Lesotho is longer participating in Para-Taekwondo Championship.

Now that taekwondo is one of the sporting codes selected for the upcoming African Union Sports Council (AUSC) Region 5 games and 2022 African Youth Games, both to be held in Lesotho, he hopes to make a meaningful impact.

“I was appointed taekwondo technical coordinator for 2020 games; therefore, I do not want taekwondo to fail. I would love to be on board in order to lead taekwondo to success at the games.

“We are also preparing for 2022 African Youth Games,” Molapo said.

Molapo is also the public relations officer of the Lesotho National Olympic Committee (LNOC).

The post Molapo plots LTA return appeared first on Lesotho Times.

Alliance Insurance pledges M1.5 million for COVID-19 victims

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Bereng Mpaki

INSURANCE giant Alliance Insurance Group on Friday announced a M1.5 million response package to assist vulnerable communities affected by the Coronavirus (Covid-19) pandemic.

The group has identified three vulnerable sectors that include orphanages and old age home care facilities, street vendors who sell perishable goods and lastly persons with high daily interaction with the public including taxi operators and police officers among others.

Orphanages and old people’s homes, 17 of which are in Maseru, were on Friday handed food parcels during the handover event. Other facilities that are outside Maseru will receive their food parcels starting today.

Street vendors will each receive a purchase voucher to replenish their lost stocks to help their businesses remain afloat.

The group that has high daily interaction with the public in its line of duty such as taxi operators and police officers among others will be supplied with reusable face masks to mitigate the spread of Covid-19.

Alliance Insurance Group’s head of marketing and communication ‘Makeabetsoe Mabaleha said helping the affected members of the society was her group’s way of ploughing back to the community.

She said the funds used to assist Covid-19 victims was raised from the company’s U Mang Funeral Cover, which sets aside a certain percentage of its sales for re-investment into the community.

“We have noted with great concern the worldwide spread of the Covid-19 pandemic and the impact it is having on the economy, companies and households,” Ms Mabaleha said.

“As a responsible corporate citizen, we are committed to ensuring that we make a positive impact in the lives of Basotho, and truly embrace our motto: “Always there for Basotho”.

“We have set aside M1.5 million which will be used to assist some of the vulnerable communities affected by the Covid-19 pandemic. We have identified three sectors to reach out to, which will be assisted in a phased approach.”

Despite the economic hardships that have bedeviled Lesotho in recent years, Alliance Insurance Group has soldiered on and made a difference in people’s lives. The group’s support is therefore, testimony “that we are in this together with Basotho”.

The support could have been impossible without Alliance customers’ contribution and this was one way that the company is ploughing back, Ms Mabaleha said.

For her part, Rethabile Mahopolo from Semonkong Children’s Centre, expressed gratitude to Alliance Insurance saying the assistance would go a long way towards building the future of the children in their care.

She said Covid-19 had negatively affected her organisations ability to generate income since its hospitality business has not had bookings since February 2020.

“We are grateful to Alliance for coming to our rescue in these tough times. We normally generate our own income but unfortunately, Covid-19 has cost us business at our lodge,” Ms Mahopolo said.

Minister of Social Development, ‘Matebatso Doti, who also graced the ceremony said all children must be taken care of regardless of their circumstances.

“This is the right time to reach out to vulnerable children and the elderly given the challenge of Covid-19.  We should all advocate for the rights of all children especially the vulnerable ones.

“The government has interventions in place to assist vulnerable groups among the society but it is never enough, so this assistance by Alliance Insurance will be useful towards closing that gap,” Ms Doti said.

The post Alliance Insurance pledges M1.5 million for COVID-19 victims appeared first on Lesotho Times.

Parly finally approves M23, 7 billion budget

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Ntsebeng Motsoeli | Bereng Mpaki

PARLIAMENT has finally approved a M23, 7 billion budget for the 2020/2021 financial year. The budget was unanimously approved on Monday despite threats by some legislators to withhold their votes to pressure the government to increase their salaries from M35 000 to a staggering M75 000 each per month.

But in the end, the MPs did not fulfil their threats and the Appropriation Bill was unanimously approved by legislators from across the political divide.

Afterwards, a relieved Finance Minister Thabo Sofonea said he was happy the budget had been passed and the government ministries now had to get down to fully addressing the populace’s demands for efficient service delivery.

“I am very thankful that the bill has been passed,” Mr Sofonea said, adding, “Now the money can be released so that work can be done”.

Home Affairs Minister Motlalentoa Letsosa said although the approval of the budget was long overdue, he was also happy it was finally done. He said the various ministries should now be allocated all the funds due to them to enable them to offer efficient services to the nation.

The M23, 7 billion budget is actually higher than the M21, 7 billion budget proposed by then Finance Minister Moeketsi Majoro when he presented his budget speech to parliament on 26 February 2020. Mr Sofonea did not say why the approved budget was higher than the initial estimates. The government has previously said that additional funding is needed to tackle the Coronavirus (Covid-19) pandemic which had not been factored in when Dr Majoro, who is now prime minister, presented the budget speech in February.

About M18, 1 billion has been set aside for recurrent expenditure while capital expenditure has been budgeted at about M5, 6 billion.

The budget will be financed by government revenues amounting to about M17, 1 billion; external loans worth about M2 billion and donor grants worth M858 199 144.

The Ministry of Health was allocated the lion’s share of M3, 1 billion to enable it to tackle Covid-19 among other things.

It is followed by the Ministry of Education and Training which was allocated about M2, 8 billion and the Finance ministry which was given M1, 7 billion.

The rest of the ministries and other public offices were allocated as follows: Trade and Industry (M292 498 085); Development Planning (M1, 1 billion); Agriculture and Food Security (M666 174 038) and Foreign affairs (M453 994 761).

The Ministry of Communications Science and Technology received M219 985 523; Public Works (M937 208 200), Energy and Metrology (M862 919 535); Forestry, Range and Soil Conservation (M156 742 108); Prime Minister’s Office (M129 893 609); Labour and Employment (M55 246 804) and Tourism, Environment and Culture (M118 782 117).

The Ministry of Defence and National Security got M633 578 653; Local Government and Chieftainship (M801 865 039); Gender, Sport and Recreation (M309 198 235); Public Service (M42 112 367); Social Development (M410 183 058); Mining (M40 983 221); Police and Public Safety (M746 218 735); Small Business, Cooperatives, Marketing and Development (M135 087 482); Transport (M101 705 504); Water (M487 258 488); Justice, Human Rights and Correctional Services (M242 472 787) and Law and Constitutional Affairs (M96 219 389). The latter two ministries have been merged into one.

The Auditor General’s Office got M32 371 698; His Majesty’s Office (M123 095 565); National Assembly (M84 292 115); Senate (M58 561 696); Judiciary (M136 011 995); Public Service Commission (M14 705 429); Directorate on Corruption and Economic Offences (M25 928 888); Ombudsman (M10 514 614); Statutory salaries and allowances (M40 351 213); pensions and gratuities (M2 326 182 218); refunds on erroneous receipts (M2 268 000); centralised items (about M1, 1 billion), Public Debt (M2, 1 billion) and subscriptions to international organisations (M84 434 160).

The post Parly finally approves M23, 7 billion budget appeared first on Lesotho Times.

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