Limpho Sello

PRIME Minister Moeketsi Majoro has reimposed new stricter rules to fight the increase of Covid 19 infections.

The country is now back in the orange category of restrictions. This means that church services and political rallies are now completely banned.  A new curfew will now ban movement between 8pm and 5am except for those in designated essential services.

Cross-border travel has also been banned except for essential services and returning residents. Any other special cases for foreign travel will require special permits.

The measures, announced on Tuesday evening by Dr Majoro, came into effect yesterday morning.

Addressing the nation on national television, Dr Majoro said cabinet had resolved at its Tuesday meeting to impose the new tighter restrictions following a spike in Covid-19 infections and deaths.

According to the latest 4 January 2021 statistics provided by the National Covid-19 Secretariat (NACOSEC), there are now 3914 Covid-19 infections and 65 deaths in Lesotho.

This represents a huge increase from the 3206 infections recorded three days earlier on 1 January 2021.

“During the Christmas and new year festivities, we have witnessed increasing infections and deaths at an alarming rate,” Dr Majoro said.

“We have therefore passed Covid-19 risk mitigation restrictions which will move the country from the recently announced purple stage to the orange one with effect from midnight (Tuesday).

“I assure you that we have taken all measures to lower the infection and death rates while managing those that are infected and those who are in need of medical attention.”

Dr Majoro reintroduced a curfew restricting movement from 8pm until 5am.

Schools have been closed as have sports, concerts and other forms of public entertainment.  Church services have also been banned meaning that Christians will have to make do with televised or virtual services from the comfort of their own homes.

Political rallies remain banned while other public gatherings are now limited to not more than 30 people (from 50) on condition that they last a maximum of two hours only.

Weddings have now been restricted to just five people including the bride and the groom while funerals have been restricted to family members and other 10 people.

Dr Majoro also said that inter-district travel has been limited. He however, did not say under what circumstances people will be allowed to travel across the country’s 10 districts.

Prisoners will no longer be able to receive visits from their families and friends. Only health workers, lawyers representing inmates and oversight bodies will be allowed to continue visiting prisons under the new regulations.

Although he did not say what time shops are expected to close, it will have to be before the 8pm curfew time to allow workers to be home by then.

Dr Majoro said the nation is expected to observe all public health regulations at all times. These include wearing face masks in public places, washing hands with approved sanitisers and maintaining social distance of at least a metre from each other.

The new stringent regulations came barely three days after the government had announced that the country was now in the purple stage where sporting events were only allowed without any spectators and public gatherings limited to just 50 people. Indoor entertainment events were only allowed with the express approval of NACOSEC or the ministry of tourism.

The new restrictions also come at a time when Covid-19 infections are soaring all over the world. Many countries including neighbouring South Africa have been hit by a new variant of Covid 19 which is said to be more infectious than the first which originally broke out in January 2019.

South Africa has been cited as a key source of the new variant. Countries like the UK have since banned all travel between them and South Africa.

South Africa has now breached the one million mark with 1 127 759 infections and 30 524 deaths as of yesterday. It has the highest number of infections in Africa and is 16^th in the world.

The alarming increase in infections locally and in South Africa made the government’s fresh restrictions inevitable.

Last week, Health Minister Motlatsi Maqelepo warned that a fresh Covid-19 disaster was looming in the country with an alarming increase in infections.

Mr Maqelepo said he would advise Prime Minister Majoro to impose another strict lockdown.

“Many countries are already experiencing the second wave and it looks like we are fast moving towards that.

“As per my responsibility and that of health officials, we will advise the prime minister to impose restrictions if he so wishes. The Covid-19 situation is getting worse and we are going to advise him to impose some restrictions,” Mr Maqelepo said. (See story on Page 8).

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Mohalenyane Phakela

EMBATTLED Directorate of Corruption and Economic Offences (DCEO) director general, Advocate Mahlomola Manyokole, has set the cat among the pigeons by sensationally accusing Prime Minister Moeketsi Majoro, Law and Justice Minister Professor Nqosa Mahao and retired Judge Teboho Moiloa of various acts of corruption.

Adv Manyokole alleges that among other things, Dr Majoro and Justice Moiloa are the subject of separate money laundering investigations while Prof Mahao has attempted to pressure him to dig up any dirt against Development Planning Minister Selibe Mochoboroane and former Deputy Prime Minister Mothetjoa Metsing which could be used to prosecute them for unspecified crimes.

He also alleges that Prof Mahao has also attempted to pressure him into investigating High Court and Court of Appeal Registrar Adv ‘Mathato Sekoai for possible corruption. Adv Sekoai and Prof Mahao do not see eye to eye after they clashed late last year over the former’s support for moves by Attorney General Haae Phoofolo and former Acting Chief Justice ‘Maseforo Mahase to appoint five new judges to the High Court without consulting fellow members of the Judicial Service Commission (JSC) and Prof Mahao himself.

Adv Manyokole’s explosive allegations are contained in his latest High Court papers filed last Friday challenging the premier’s move to oust him. The case will be heard today by Justice Moroke Mokhesi. (See 

Dr Majoro and Prof Mahao’s alleged acts of corruption- according to Adv Manyokole- are the real reasons why the duo is hell-bent on removing him from office and appointing a pliant replacement who will shield them from investigation and possible prosecution.

Dr Majoro and Prof Mahao last week launched a fresh bid to fire Adv Manyokole.

Dr Majoro set up a three-member tribunal to determine Adv Manyokole’s fitness to hold office while Prof Mahao issued a fresh “show-cause” letter asking Adv Manyokole to justify why he should not be suspended while the tribunal probes him.

Adv Manyokole faces a litany of accusations including that he is incompetent, corrupt and has abused his office to shield criminals from prosecution.  The DCEO boss refutes the allegations instead labelling premier Majoro and Prof Mahao themselves as the main “crusaders of corruption”.

Adv Manyokole had appeared to be off the hook three weeks ago after Prof Mahao withdrew his first “show cause” letter in which he had sought to suspend the DCEO boss. This after an out of court settlement with Adv Manyokole after the latter had gone to court to interdict his suspension. It is not clear what had prompted Prof Mahao to agree to an out of court settlement and withdraw his initial “show cause” letter.

Adv Manyokole’s lawyer, Tekane Maqakachane, had informed High Court Judge Justice Molefi Makara that they would finalise negotiations for an out of court settlement with Prof Mahao to be presented before the judge and made an order of court. That all has now proven to be a false dawn for Adv Manyokole as Dr Majoro and Prof Mahao have renewed their bid to oust him from office.

Adv Manyokole will now be probed by a three-member tribunal comprising of High Court Judge Polo Banyane and retired judges Moiloa and Semapo Peete.

During the earlier bid to oust him, Adv Manyokole had accused Dr Majoro and Prof Mahao of seeking to fire him to protect “corrupt” government officials and others from being investigated and prosecuted. He then labelled the duo as “crusaders of corruption”.

He made the allegations without specifying the exact nature of the premier and Prof Mahao’s alleged corrupt activities.

He had begged the court’s permission not to disclose the specific details, saying this was a highly sensitive matter.

But in the latest turn of events, the DCEO boss has now decided to go for the jugular in his desperate quest to save his job. This after he categorically made the damning allegations against Dr Majoro, Prof Mahao and others in his latest court application.

Dr Majoro, Prof Mahao, Chief Justice Sakoane Sakoane, Attorney General Haae Phoofolo, the Tribunal on the removal of director general of the DCEO, Justices Moiloa, Peete and Banyane are first to eighth respondents respectively in Adv Manyokole’s fresh application.

Adv Manyokole also alleges that Justice Moiloa is unfit to chair the tribunal probing his fitness or lack of it to remain as DCEO boss because the former judge is also being investigated for corruption and money laundering.

In his founding affidavit, Adv Manyokole states that the DCEO’s investigative net was “cast wide and drew in its mighty pool, crusaders and proponents of corruption and economic offences” who have for a long time considered themselves to be beyond the DCEO’s reach.

“My stance against corruption created a sense of uneasiness particularly amongst the politicians, some cabinet and government bureaucrats and other private individuals,” Adv Manyokole states in his application.

“I must disclose that even high-ranking officials in the present administration (whose names I pray not to disclose, unless I will be compelled to do so) are under the investigation by the DCEO for corruption and economic offences. A number of cases involving government officials and private persons have been instituted in the courts and other preparatory efforts have been made to put them before the courts, while others are before the Director of Public Prosecutions (Adv Hlalefang Motinyane) for statutory consent to prosecute.

“It is these investigations which have touched the nerve centre and cradle of the dark world of corruption. The political machinery started rolling in an attempt to protect the underhand activities and to ensure that the dark world of the corrupt is not disrupted. Consequently, moves have been made to have me removed from the helm of the DCEO. I am in possession of secret information and intelligence (which I beg leave of court not to disclose as the matters related are sensitive and privileged issues) that some of those who are basking in the comfort of the nefarious criminality have suggested to the government that all means must be adopted and employed to ensure my removal from the office of the DCEO.”

Adv Manyokole goes on to claim that he received intelligence that Dr Majoro and Prof Mahao “are bent towards ensuring that I am removed from the office” and “are making all preparations and strategies to ensure that the goal is achieved”.

He alleges that in his bid to protect himself from the money laundering investigations, Dr Majoro has even gone as far as burning the midnight candle in secret meetings with the director general of the National Security Services, Pheello Ralenkoane, and one Mr Likotsi, a DCEO investigator.

“I aver that this information is critical and also forms the necessary backdrop for understanding of the attitudes and stance taken by the first and second respondents (Dr Majoro and Prof Mahao respectively) in resolving to have me removed from the helm of the DCEO.

“Whenever officers of the DCEO face censure or stern disciplinary action from me, they always run to the second respondent (Prof Mahao) for intervention.

“One instance related to Mr Likotsi who is the DCEO investigator in a case of money laundering involving the first respondent (Dr Majoro). He (Likotsi) was seen having night meetings with the first respondent and the director general of the National Security Services. Upon my reaction to his (Likotsi’s) secret meetings with the suspect (Majoro), the second respondent (Mahao) reacted by accusing me of abusing my powers when I took disciplinary measures against Mr Likotsi.

“I wrote back to inform the second respondent that he had no power to interfere with my duties. I never heard from the second respondent since that day when I rebuked him about his interference with my authority.

“I carried investigations on a corruption case against Lesotho Stone Company and closed the mining activity of that company. The second respondent (Mahao) called me to tell me he was disappointed because he had one of his nephews working at Lesotho Stone. When I made a report regarding the closure of Lesotho Stone to the first respondent (Majoro), he was also beside himself with anger and advised that I should first contact him and let him know first before doing things.

“I had known that one minister who is close to the first respondent (Majoro) was implicated in the corruption involving Lesotho Stone and the first respondent would feel very uncomfortable about the investigations and closure of the company’s mining activity, hence my not informing him.

“I had begun the investigations on Victoria Hotel where I established that a number of politicians, including the first respondent (Majoro) were involved in a corrupt scheme. At the time of the commission of the offence, the investigations reveal that the first respondent was the principal secretary of the Ministry of Finance. The DCEO obtained a preservation order against the corrupt scheme and this tremendously did not please or sit well with the first respondent. Mr Likotsi, the Victoria Hotel case investigator, was lured to attend secret meetings with the first respondent and I texted the first respondent expressing my displeasure at the turn of events. I informed the second respondent (Mahao) about the incident but he showed no interest in the matter.”

Adv Manyokole also states that he had advised Dr Majoro that he had illegally established the National Covid-19 Secretariat (NACOSEC) to spearhead the country’s fight against the deadly Coronavirus (Covid-19).

He says he also warned the premier that the NACOSEC was involved in corrupt activities. Despite his warnings, he says Dr Majoro ignored him and instead continued to operate the NACOSEC illegally.

“I wrote to the first respondent about NACOSEC and provided him with the legal opinion that it was illegally established and it was a conduit for corruption and misappropriation of public funds. Based on the legal advice and my position against NACOSEC, Mr (Thabo) Khasipe, whom the first respondent had appointed as the chief executive officer, immediately resigned. The first respondent was beside himself with anger at my legal opinion as well as my recommendation that it is the Disaster Management Authority that had to deal with Covid-19 and not the illegally constituted NACOSEC.

“Nonetheless, the first respondent simply ignored my advice and directive and continued to appoint Dr (‘Malitaba) Litaba as the new (NACOSEC) CEO and to hold meetings with NACOSEC despite my directive. The NACOSEC is now involved in a lot of corrupt activities in terms of procurement and hiring of staff especially with salaries that are outside the prescribed salaries for public servants. I also got a report from the Auditor General’s office which confirmed the allegations of misuse of public funds by NACOSEC under the prime minister’s office. I have certainly become a nuisance to the first respondent concerning the NACOSEC.

“There are a number of corruption cases involving the first respondent, some halted by reason of non-cooperation of the witnesses and the other has been referred to the DPP on 29 December 2020 for consent of the DPP to prosecute,” Adv Manyokole states.

The DCEO boss also alleges that Prof Mahao tried to use the DCEO to advance his own political agenda by pressuring him to prosecute Messrs Metsing and Mochoboroane.

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

Mr Metsing, who leads the opposition Lesotho Congress for Democracy (LCD), was deputy prime minister at the time of the attempted coup while Mr Mochoboroane was communications minister and LCD secretary general.

They were set to stand trial alongside former army commander, Lieutenant General (Lt-Gen) Tlali Kamoli, Captain Litekanyo Nyakane and Lance Corporals Motloheloa Ntsane and Leutsoa Motsieloa.

However, the trial which was supposed to have started on 25 February 2020, has been stalled by several court challenges by Messrs Metsing and Mochoboroane who insist that clause 10 of a 2018 SADC-brokered government-opposition agreement binds Lesotho to stop all trials of politicians at least until after the implementation of the multi-sector reforms recommended by the regional body in 2016.

In his court papers, Adv Manyokole states that Prof Mahao tried to pressure him into prosecuting Messrs Metsing and Mochoboroane. He does not say what exactly Prof Mahao wanted him to prosecute the duo for since the DCEO can only prosecute suspects for economic crimes and not treason and other non-economic crimes.

“During the so-called clause 10 fight in the treason trial of Mr Metsing and Mr Mochoboroane, the second respondent (Mahao) called me to his office where he inquired about the case of Messrs Metsing and Mochoboroane and wanted me to prosecute them. I then told him that DCEO has insufficient evidence on Mr Mochoboroane but that relating to Mr Metsing was still under consideration by the DPP. I did not yield to second respondent’s pressure who sought to have Mochoboroane prosecuted for political reasons using my office.  This too angered the second respondent.”

Adv Manyokole also alleges that Prof Mahao also attempted to pressure him into investigating High Court and Court of Appeal Registrar Adv Sekoai for possible corruption.

“By end of October 2020, the second respondent instructed me to investigate the Registrar of High Court and Court of Appeal, Adv Sekoai. This was at the time when the second respondent and members of the Judicial Service Commission were fighting over the appointment of five new judges, a matter that attracted public attention. My investigations revealed nothing of corruption or abuse of power concerning Adv Sekoai. I submitted the report to second respondent and I could tell he did not like my findings. After I gave a written report to second respondent, I never got any phone calls from him anymore and I knew he was disappointed.”

The DCEO boss further alleges that in their desperation to save themselves and others from investigation and possible prosecution, Dr Majoro and Prof Mahao want to replace him with suspended DCEO Chief Investigator Thabiso Thibeli who will then supress investigations into their alleged impropriety.

Shortly after being appointed DCEO boss by then Prime Minister Thabane in July 2019, Adv Manyokole suspended Mr Thibeli on various misconduct charges.

He alleges that since then, he has been under pressure from Dr Majoro and Prof Mahao to reinstate Mr Thibeli.

“The above factors, stated not necessarily in their chronological order, account for the reasons why I have lost favour with the first and second respondents and why according to them, I should be suspended and then removed from the office of the director general of the DCEO to be replaced by Mr Thibeli so as to allow the DCEO fight and other battles of those at the receiving end of the investigatory net of the DCEO.

“The establishment of the tribunal to investigate the question of my removal from the office of the director general of the DCEO is a simple non-impregnable façade behind which the real intentions are to clearly remove me as an obstacle in the pursuit of corrupt agenda and objectives.”

The embattled DCEO boss also alleges that Justice Moiloa is unfit to head the tribunal investigating his fitness to remain at the helm of the anti-graft body because the retired judge is himself being investigated for benefiting from the alleged proceeds of crime involving the former Standard Lesotho Bank CEO, Mpho Vumbukani, as well as former Finance Ministry PS Mosito Khethisa.

“The DCEO is investigating a case involving former Standard Lesotho Bank CEO, Mr Mpho Vumbukani. According to the investigations, Mr Vumbukani sold himself a house belonging to Standard Lesotho Bank with the approval of the Standard Lesotho Bank board and in turn sublet the same house to Standard Lesotho Bank with the approval of the same board. At the material time, Justice Moiloa chaired the said board and himself signed the necessary documentation for the decisions and the transactions.

“Furthermore, Justice Moiloa’s law firm, Webber Newdigate, was getting briefs from Standard Lesotho Bank. The investigations reveal that through collusion, members of the board got similar benefits from Mr Vumbukani who was very close to Justice Moiloa.

“Another case involves Mr Khethisa, the former Finance PS. Investigations reveal that Mr Khethisa paid legal fees to Webber Newdigate for his personal benefit with government funds and Justice Moiloa also benefitted as partner in Webber Newdigate. He (Moiloa) is implicated in the money laundering case which is still being investigated by the DCEO,” Adv Manyokole states.

It remains to be seen how Dr Majoro and others will respond to the explosive allegations.  This is not the first time serious criminal allegations have been made against a sitting prime minister by a head of a statutory body.

About this time last year, then Prime Minister Thabane was sensationally accused by Police Commissioner Holomo Molibeli of plotting the latter’s ouster to stop investigations into his alleged key role in the 14 June 2017 murder of his ex-wife, Lipolelo Thabane.

Mr Thabane who was forced by his own All Basotho Convention (ABC) party to step down in favour of Dr Majoro, is yet to appear in court over the murder charges. Some ABC and government sources have alleged that Dr Majoro was pressured by Mr Thabane’s ABC allies to ensure that the police and DPP’s office do not continue with the case or they will bring down the government through a no confidence vote in parliament.

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Limpho Sello

THE government will set aside M240 million to procure Covid-19 vaccines, Prime Minister Moeketsi Majoro has said.

This in addition to the free vaccines Lesotho expects to receive from the COVAX facility (a fully subsidised initiative by the World Health Organisation to enable poor countries to get free vaccines) in April this year.

COVAX has committed to donating vaccines to cover only 20 percent of the populations of each of the 92 countries in the facility. These countries, including Lesotho, will hence have to purchase extra vaccines to cover the remainder of their populations.

In a televised address to the nation this week, Dr Majoro said the procurement of the vaccines as well as the free vaccines would enable the government to achieve its target of vaccinating at least 1, 5 million out of the country’s 2, 1 million population Basotho by the end of the year.

“The government will set aside M240 million which will go towards the procuring of vaccines for the nation,” Dr Majoro said without explaining when the vaccines will be procured.

“The expectation is that by the end of 2021, at least 1, 5 million Basotho will be vaccinated but further details regarding the vaccination procedures will be explained by the Ministry of Health,” Dr Majoro said.

He added that through the partnership with other development partners, the government expected to get more free vaccines to help it realise its goal of ultimately vaccinating the entire nation.

The vaccination plans come at a time when Lesotho and most countries around the world are experiencing soaring infections and deaths.

The government has reimposed a lockdown which will see the country’s borders closed and international travel banned with effect from this morning among other measures aimed at curbing the spread of the virus. (See story on Page 4).

It is hoped that the vaccination programme will ultimately achieve herd immunity and permanently contain the virus.

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Mohalenyane Phakela | Pascalinah Kabi

A FRESH war has broken out in the police command pitting Police Commissioner, Holomo Molibeli, against one of his subordinates, Assistant Police Commissioner (ACP) Motlatsi Mapola.

ACP Mapola, the former head of complaints and discipline in the police force, alleges that Commissioner Molibeli wants to fire him to prevent him from finalising investigations against the police boss for allegedly defeating the ends of justice.

Commissioner Molibeli allegedly defeated the ends of justice by shielding former First Lady ‘Maesaiah Thabane from investigation and arrest for allegedly assaulting one Thesele Matela sometime in 2017.

This week, ACP Mapola obtained an interim court order barring Commissioner Molibeli from hauling him before a disciplinary hearing until the finalisation of his application for a final order compelling Commissioner Molibeli to return the docket that the police had opened against Ms Thabane for allegedly assaulting Mr Matela.

ACP Mapola also wants Commissioner Molibeli to be barred from interfering with the assault investigations. He also wants his own hearing to be deferred until after he has completed his investigations into the Matela assault case.

Commissioner Molibeli, Police and Public Safety Minister, ‘Mamoipone Senauoane, and Attorney General Advocate Haae Phoofolo are first to third respondents respectively in ACP Mapola’s application.

The interim interdict, issued yesterday by Justice Molefi Makara, lapses on 18 February 2021.

Ms Thabane allegedly assaulted Mr Matela at the state house in 2017. This after the latter had mistakenly called her husband, then Prime Minister Thomas Thabane on his mobile phone. It is alleged that Mr Matela was summoned to state house by Ms Thabane who later joined forces with her friends to assault him.

He later reported the alleged assault and a case was opened at the Thamae Police Station in Maseru. However, while the matter was still being investigated, ACP Mapola alleges that Commissioner Molibeli, through his subordinate, ACP Beleme Lebajoa, demanded the docket from Thamae Police Station and ordered the closure of the case thus defeating the ends of justice to protect Ms Thabane.

ACP Mapola says following the closure of the case, the matter was reported to him by Mr Matela’s mother, Liketso Matela.

Before Ms Matela reported to ACP Mapola, she had allegedly met with Commissioner Molibeli who then took her to state house to present her case. ACP Mapola further alleges that after the state house visit, Ms Matela was given M5000 by ACP Lebajoa and ordered not to tell anyone about the alleged assault.

However, she reported the matter to ACP Mapola who then ordered the Thamae police to make a duplicate docket of the assault case which he forwarded to the Director of Public Prosecutions, Advocate Hlalefang Motinyane, for prosecution.

ACP Mapola had then recommended the prosecution of Commissioner Molibeli and ACP Lebajoa to the DPP for allegedly defeating the ends of justice by protecting Ms Thabane from the assault charges.

On 5 August 2020, Adv Motinyane asked ACP Mapola to seek more information on the case, including the identity of the police officers who took Mr Matela to the state house where he was later assaulted. The DPP also wanted him to explain how Commissioner Molibeli was connected to the charges, ACP Mapola said.

According to ACP Mapola’s court papers, Commissioner Molibeli also seized the duplicate docket when it was returned from the DPP’s office for further information. He has allegedly retained it ever since thus hindering ACP Mapola from continuing with the case.

To his surprise, ACP Mapola says he was on 5 January 2021 served with a charge sheet accusing him of making false allegations against Commissioner Molibeli on 19 June 2020. He was ordered to appear before a disciplinary hearing.

This prompted him to file a 7 January 2021 court application to stop Commissioner Molibeli from acting against him.

“I must indicate that in the report (to DPP Motinyane), I indicated that the first respondent (Commissioner Molibeli) should be prosecuted for defeating the course of justice,” ACP Mapola states in his court papers.

“It is clear that the first respondent, by taking the docket away from the Thamae police and ordering its closure, was solely acting to protect the then first lady so that Thesele Matela would not see justice for his case.

“It is clear that he (Molibeli) is defeating the ends of justice,” ACP Mapola states in his affidavit.

ACP Mapola also argues that the disciplinary action is aimed at getting him dismissed from the force to clear the way for Commissioner Molibeli to bury the Matela assault case for good.

“The purpose of the charge sheet is nothing but a mechanism designed to enable the first respondent (Commissioner Molibeli) to put me on interdiction so that I will not be able to proceed with the criminal investigations against the first respondent.

“I aver that the application is extremely urgent and should be treated as such as I am likely to be interdicted from the police service in order to hinder the progress of the Matela case. Should I be interdicted, then the case of Matela will never see a day in court as no officer is brave enough to take the case and investigate the Commissioner of Police. The aim of the first respondent is to dismiss me from service in order to avoid criminal charges at all costs.

“I am only doing my official duty which I took oath to do without fear of favour to see Matela’s case seeing justice like any other case in the country,” ACP Mapola states.

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Mohalenyane Phakela | ‘Marafaele Mohloboli

TWO police officers who were last month convicted of murdering Lesotho Electricity Company (LEC) auditor, Thibello Nteso, were yesterday sentenced to 20 years in jail.

The duo, Police Constables (PCs) Moeketsi Dlamini and Monaheng ‘Musi, are members of the Lesotho Mounted Police Service’s (LMPS) Special Operations Unit (SOU).

They were found guilty of the 6 February 2017 murder of Mr Nteso and damaging his Mercedes Benz sedan by shooting at it.

High Court Judge Moroke Mokhesi convicted them of murder on 10 December 2020. He however, deferred sentencing to yesterday. This after their lawyer, Advocate Lebohang Ramakhula, filed an application for leniency on 15 December 2020.

Adv Ramakhula had pleaded with Justice Mokhesi not to impose capital punishment on his clients as there were allegedly extenuating circumstances which the court had to take into consideration when sentencing them.

He said his clients never intended to kill Mr Nteso in the first place and they were sorry he had died.

However, in imposing the sentence yesterday, Justice Mokhesi said that Mr Nteso did not pose any threat to Dlamini and ‘Musi who he said merely killed him for ignoring their unlawful order not to approach his vehicle.

Mr Nteso had going to his vehicle after leaving the house of an LEC colleague who lived next to former Police Commissioner Molahlehi Letsoepa.

The two police officers claimed they had already spotted a firearm holder in Mr Nteso’s car leading them to believe he was in the area to harm former Commissioner Letsoepa.

They had then fired at him when he allegedly did not obey their order. The officers claimed Mr Nteso had fired at them, a claim rejected by the judge.

Justice Mokhesi said he had concluded that the two cops had “callously” murdered Mr Nteso as there was no exchange of fire between them and him.

“I have considered the facts put forth by your counsel as constituting mitigating factors and facts put forth as showing your remorse,” Justice Mokhesi told the two as he read out his sentence.

“I have also considered the seriousness of this crime given that you are police officers expected at all times to act with self-restraint and not impulsively and irrationally like you did in this case.

“The circumstances of this case are disturbing and disheartening. The offence was committed by law enforcement officers in the circumstances which were quite frankly unwarranted. The deceased had parked his car near their duty station (Letsoepa’s home) without blocking the entrance thereto.

“It was only the accused’s unwarranted sense of nervousness and the feeling of insecurity that led to their callous acts. It was unwarranted because the officers were fully armed and could have easily defended themselves against an attack but they allowed themselves to act amateurishly. The deceased was not a threat to them. His only crime was ignoring the accused unlawful orders for him not to access his car.

“The impact this callous murder must have had and continues to have on the deceased’s young family is immeasurable. It is not an insignificant thing to lose one’s parent at a young age and in circumstances such as this case. The deep emotional scar this murder should have had on the deceased’s wife, children and his immediate family is bound to last for a considerable time.

“In the result, the appropriate sentence which takes care of both charges (murder and damage to property) in my considered view is the following: Moeketsi Dlamini is sentenced to imprisonment for a period of 20 years without an option of a fine. Monaheng ‘Musi is sentenced to imprisonment for a period of 20 years without an option of a fine,” Justice Mokhesi ruled.

The ruling precipitated a torrent of tears from Ms Nteso’s widow, ‘Malehlohonolo Nteso, who had been visibly emotional throughout the proceedings.

Seated in the gallery along with relatives and clad in a pink seshoeshoe dress, Ms Nteso had been teary-eyed from the minute Justice Mokhesi ordered Dlamini and Musi to stand up before he pronounced the sentence.

She covered her face with her right hand as she wept uncontrollably. Attempts by her relatives to console only succeeded in aggravating the situation.

Even after Dlamini and ‘Musi had been escorted back to prison, she remained in the corridors of the court building, mourning her slain husband.

Mr Nteso’s brother, Tankiso, stood in front of her and watched as Dlamini and ‘Musi, who were shackled together from their hands to their feet, were escorted to prison under heavy guard.

“This is quite a sad time which has brought back memories of the pain of our family’s loss. As you can see, my sister (‘Malehlohonolo) cannot even speak.

“Even if they were slapped with a 100 years jail sentence each, that would still not bring back my brother. We are only relieved that justice has taken its course. My sister will have to raise her three daughters alone while their father’s killers are fed through taxpayers’ funds,” an equally emotional Tankiso said.

Dlamini and ‘Musi were initially charged alongside Superintendent Tlali Phatela and Senior Inspector Thaele Ramajoe who allegedly ordered the cover-up of the murder by tampering with the crime scene.

However, Inspector Ramajoe and Supt Phatela were acquitted of the charges in March last year after the court ruled that there was not enough evidence linking them to the crime.

It was the state’s case that Musi and Dlamini were on guard duty at the Maseru West home of then Police Commissioner Letsoepa when they shot Mr Nteso on 6 February 2017.

The constables claimed they had suspected a plot to attack the former police commissioner after they noticed a firearm holder in the late Mr Nteso’s car which was parked near Mr Letsoepa’s residence.

They fired shots at Mr Nteso’s vehicle at about 9pm that night to stop him as he was driving away from the residence of a senior LEC officer who lives near the former police commissioner.

Mr Nteso was later pronounced dead on arrival at Queen ‘Mamohato Memorial Hospital that night.

Musi had argued that they shot Mr Nteso in self-defence.  He said that Mr Nteso fired at him first when he was telling him to step away from his (Mr Nteso’s) car. He said they did not intend to kill Mr Nteso but merely to stop him so that they could arrest him.

However, Tankiso alleged that his brother was killed because he was working on a forensic audit report on the LEC.   A few days after the shooting, Tankiso told the Lesotho Times that his brother had confided in him that he had been handling a big case of embezzlement of funds from LEC coffers involving more than M170 million.

However, there was no evidence led in court about those claims

The post Nteso’s widow weeps as his killers get 20 years appeared first on Lesotho Times.

Mohalenyane Phakela | Pascalinah Kabi

THE director general of the Directorate of Corruption and Economic Offences (DCEO), Mahlomola Manyokole, is a disgruntled officer who was appointed at the behest of former First Lady, ‘Maesaiah Thabane, and is probably doing the latter’s bidding to try and topple the government, a senior DCEO officer has alleged.

Adv Manyokole’s allegations of corruption against Prime Minister Moeketsi Majoro and other senior government officials are all part of an elaborate ploy to besmirch the premier’s name and achieve the aim of ousting his government, the officer further alleges.

The officer, DCEO Principal Investigator, Tsotang Likotsi, makes the claims in his explosive answering affidavit filed in response to Adv Manyokole’s High Court application challenging his suspension and the setting up of a tribunal to inquire into his fitness to remain as DCEO boss.

Mr Likotsi alleges that Adv Manyokole had openly told him and others of his dislike for the current regime, adding he is prepared to take the stand and be cross-examined to back up his claims.

In his application, Adv Manyokole accuses Mr Likotsi of compromising DCEO investigations by holding secret night meetings with Dr Majoro who he says is suspected of several corrupt dealings including in the leasing out of the Victoria Hotel to the late businessman Thabiso Tlelai.

Mr Likotsi, a former National Security Services (NSS) agent, has hit back at Adv Manyokole, accusing him of exerting a “devoted effort to make out a criminal case against the first respondent (Dr Majoro) with an underlying motive of toppling government (sic)”.

“I wish to take the court into my confidence and assert that I observed from my intelligence training and academic expertise in the security sector that there were apparent hallmarks of an official bent on destabilising the administration of the incumbent prime minister (sic),” Mr Likotsi states in his affidavit.

“I had gathered some information to the effect that the director general (DG) was part of a group of a disenchanted political faction who harboured the view that the current government would not last for a period extending to six months. The measures that were seen to be effective in attaining that end were those of concocting a bogus criminal case against the administrative head of the current regime using state apparatus. Regrettably, one such institution that was being utilised is the DCEO.”

Adv Manyokole was appointed to the DCEO top job in July 2020 by then Prime Minister Thomas Thabane amid claims in some quarters that he had been appointed to shield the former premier and his allies from being probed for corruption. Although the DCEO boss has denied the allegations, Mr Likotsi insists that Adv Manyokole had confessed to him that he was appointed at the behest of Ms Thabane who was merely a spouse and not a government official.  Ms Thabane is alleged to have wielded enormous influence in the administration of her husband. She on several occasions publicly berated government officials.   She is also said to have influenced key appointments.

Mr Likotsi said unlike his predecessors, Adv Manyokole lacked investigative skills and was using his position to try and bring down the current government.

“The applicant lacks the requisite experience in the field of intelligence and investigations and his professional portfolio could not be matched with those of his predecessors.

“It is worth stating perhaps with genuine moderation and humility that the applicant (Adv Manyokole) openly expressed his blatant abhorrence of the current administration led by the first respondent (Dr Majoro).

“In a socially conducive climate, the applicant (Adv Manyokole) confessed, free of volition (sic) to me at one point that his comrades are not happy with him to have been appointed to such a high office. He expounded that he had been appointed to his position by the former Prime Minister Thomas Thabane through the influence of his wife (‘Maesaiah). This statement shocked me till today.

“I am more than prepared to enter the witness box and to be cross-examined on this proposition. I was in the company of my colleagues when this compromising statement was made. It is clearly embarrassing if not unwarranted, for an important public functionary of his calibre to be appointed by the influence of a person who is not a state functionary but a spouse to the repository of power with the appointing authority.

“The purpose of bringing this to light is to illustrate that the motives of destabilising the current government led by the first respondent (Dr Majoro) may be as a result of the disenchantment of the predecessor’s spouse and perhaps his allegiance to the predecessor to the office of the prime minister.”

In his application, Adv Manyokole says Dr Majoro is under investigations for money laundering and corruption. One case against the premier has already been referred to the Director of Public Prosecutions (DPP Adv Hlalefang Motinyane) for prosecution, he claims.

He also implicates the premier in the alleged corrupt awarding of a lease to run Victoria Hotel to the late Mr Tlelai. He alleges that in his bid to protect himself from the money laundering investigations, Dr Majoro had even gone as far as burning the midnight candle in secret meetings with the director general of the National Security Services, Pheello Ralenkoane, and Mr Likotsi. Adv Manyokole lambasts Dr Majoro as a “crusader of corruption”.

In his response, Mr Likotsi alleges that due processes were not followed when the Victoria Hotel investigations were launched because the complainant, Adv Manyokole was himself not a credible source.

He said Adv Manyokole did not follow the due process of reporting the allegations to the DCEO’s reporting centre but immediately instructed him to investigate.

“After observing the passionate fixation about securing a criminal case against the sitting prime minister (Dr Majoro) at all costs, I cautioned myself and conducted my task with the requisite diligence and professionalism until I realised that he (Manyokole) was not happy with the findings of my investigation which were in my view both honest and objective.

“It is important to note that the evidence I unravelled did not point to his number one suspect – the prime minister. I wish to take the court into my confidence and assert that issues of investigations at these infancy stages are privileged in terms of the law but for purposes of this case I shall seek leave of this court in order to quell some sensational and unfounded allegations that the DG has made in his founding affidavit.

“I aver that these allegations were made with a desired end to portray an improper motive on the part of the sitting prime minister and also to derail this court from the issues that have to do with his capacity to hold the fort in such an important and delicate institution in the law enforcement machinery. There is clearly reasonable cause for me to divulge and canvass the details of the investigation to which the DG was bent on implicating the head of government and incidentally compromising the evidently volatile democratic set-up.”

Mr Likotsi said he did not find any incriminating evidence against Dr Majoro in regard to the Victoria Hotel investigations. He said however his findings did not go down well with Adv Manyokole who was determined to implicate Dr Majoro in order to topple the government.

“During the course and scope of the investigations, the DG on numerous occasions, was not happy with my reporting to the effect that all the evidence available could not implicate the first respondent (Dr Majoro) to the crime as alleged.

“As the investigator I maintained a firm and professional position that it would be improper to associate any person with the allegation or crime absent of tangible and cogent evidence linking the suspected person to the crime and the first respondent is not an exception to this principle.

“I wish to take the court into my confidence and assert that I found it to be totally absurd to insist on staging a criminal case against the prime minister over transactions to which he is alleged to have committed when he was finance principal secretary 16 years ago.

“Any allegation against any person does not make one guilty until it is supported by evidence. In this particular case, I have not yet found any evidence proving the allegation except for the fact that there was a sinister motive on the part of the DG to stage an overt act of toppling the government by implicating its head,” Mr Likotsi states.

He does not deny meeting Dr Majoro and Mr Lenkoane but he insists the meeting had nothing to do with the probe into the corruptions claims against Dr Majoro.

He says he only met the premier and the NSS boss to discuss an offer that had been made to him to return to the NSS. He also said he had duly communicated the reason for the meeting to Adv Manyokole after the latter had inquired about it.

Former premier, Mr Thabane, is said to be unhappy with Dr Majoro and wants him toppled. A group of ABC MPs addressed a press conference recently and declared they would not bow to pressure to topple the premier. This after Mr Thabane is said to have demanded Dr Majoro’s toppling at an ABC meeting. Mr Likotsi’s affidavit seems to suggest Adv Manyokole is part of Mr Thabane’s push.

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Mohalenyane Phakela | Pascalinah Kabi

FORMER Standard Lesotho Bank chief executive officer (CEO), Mpho Vumbukani, says he is “pained and embarrassed” by the unfounded corruption allegations made against him by the director general of the Directorate of Corruption and Economic Offences (DCEO), Mahlomola Manyokole.

Mr Vumbukani accuses Advocate Manyokole of breaching statutory obligations by prematurely divulging sensitive information on investigations, saying the latter’s actions vindicated the government’s decision to commence processes to fire him.

Mr Vumbukani says this in his court affidavit filed in response to Adv Manyokole’s High Court application challenging Prime Minister Moeketsi Majoro’s bid to oust him as DCEO boss.

Among other things, Adv Manyokole alleges in his application that Dr Majoro is only seeking to oust him to prevent him from probing the premier and others including Justice and Law Minister Professor Nqosa Mahao, retired Judge Teboho Moiloa and Mr Vumbukani himself for various corrupt activities.

Justice Moiloa was appointed by Dr Majoro to chair a three-man member tribunal established on 24 December 2020 to probe Adv Manyokole’s fitness to hold office.  He will be assisted by retired Justice Semapo Peete and Polo Banyane.

But the DCEO boss argues in his papers that Judge Moiloa has no standing for such a role as he is himself being probed by the DCEO for corruption and money laundering.

The corruption and money laundering is said to have arisen from alleged irregular transactions in which Mr Vumbukani is said to have purchased a house owned by Standard Lesotho Bank and then sublet it to the bank with the approval of Judge Moiloa who chaired the bank’s board.   Former Finance Ministry PS Mosito Khethisa is also accused by Mr Manyokole of making an irregular payment to a law firm.  The payment allegedly benefited Justice Moiloa.

“The DCEO is investigating a case involving former Standard Lesotho Bank CEO, Mr Mpho Vumbukani,” Adv Manyokole states.

“According to the investigations, Mr Vumbukani sold himself a house belonging to Standard Lesotho Bank with the approval of the Standard Lesotho Bank board and in turn sublet the same house to Standard Lesotho Bank with the approval of the same board. At the material time, Justice Moiloa chaired the said board and himself signed the necessary documentation for the decisions and the transactions.

“Furthermore, Justice Moiloa’s law firm, Webber Newdigate, was getting briefs from Standard Lesotho Bank. The investigations reveal that through collusion, members of the board got similar benefits from Mr Vumbukani who was very close to Justice Moiloa.

“Another case involves Mr Khethisa, the former Finance PS. Investigations reveal that Mr Khethisa paid legal fees to Webber Newdigate for his personal benefit with government funds and Justice Moiloa also benefitted as partner in Webber Newdigate. He (Moiloa) is implicated in the money laundering case which is still being investigated by the DCEO,” Adv Manyokole states.

However, Mr Vumbukani denies the allegations in his answering affidavit. He instead accuses Adv Manyokole of making the unfounded and embarrassing claims as part of a “devoted effort to deflect the court from the investigations or enquiry which aims to probe his fitness to hold office”.

He said it was not proper for Adv Manyokole to divulge his name in connection with any allegations especially since he had never been arrested or charged with any crime. He said the divulging of his name for trial “in the court of public opinion” was likely to have a negative impact on his professional career and employment prospects as his name would be linked to corruption.

“I am both pained and embarrassed by this gratuitous and ill-informed allegation made against me. I am alleged to be having an illicit relationship with a respected and retired judge who was the chairperson of the board of Standard Lesotho Bank. The Director General is completely oblivious of the impact of the allegations made in the above-referenced paragraph and its impact on not only my career and also that of the learned judge.

“I resigned from the Standard Lesotho bank and the very publication of this gratuitous allegation unsupported by both facts and dynamics of corporate governance bears the potential of making my prospects of seeking employment in the financial sector very bleak.

“I wish to take the court into my confidence and assert that the immoderate, illegal and gratuitous nature of the frame of the entire affidavit clearly points towards the lack of competence on the part of the director general to lead such a venerable and delicate institution. For all intents and purposes, I have not been charged for any wrongdoing by the Director of Public Prosecutions and this transaction relates to an incident that occurred more than eight years ago.”

Mr Vumbukani argues that Adv Manyokole’s unprofessional conduct justifies the government’s push to get rid of him.

“I categorically insist that it was both unethical and illegal for the director general to act as he has done and a suspension is most viable option that must be explored given the gravity of his unprofessional conduct. I am of the strong view that this issue alone of publishing the names of persons who are alleged to be suspects and under investigation in a matter to which they have no real or substantive interests is more than adequate to have him removed from office.

“What I found to be most disturbing about my inclusion in this litigation of the Director General of Directorate on Corruption and Economic Offences is the fact that since he assumed the reins as the head of the institution, my name has been consistently featured in the media for all the wrong reasons.

“What is of utmost importance is the fact that a trend of subjecting the so-called suspects to the court of the public opinion has been a trend adopted by the DCEO under the leadership of the deponent to the founding affidavit (Manyokole).

“To date I remain uncharged of any criminal offence and the Director General conveniently does not disclose the status of the investigations staged against me. My name is showcased in judicial proceedings in which I have no interest implicating me in a sordid crime of corruption with a respected judge and the purpose is none other than to save the embattled director general,” Mr Vumbukani states.

He says he is considering suing Adv Manyokole for defamation.

“I take strong exception to this initiative and I have instructed my lawyers to explore staging a litigation against the Director General in his personal capacity for getting my name besmirched in the mud and consequently tarnished.

“My purported investigation points towards the lack of knowledge and appreciation of the dynamics of corporate governance. It also points towards the lack of conceptual understanding of what corruption is. I am not corrupt and neither is the learned Mr Justice Moiloa.

“I am equally pained by a superfluous and ambitious suggestion that I am close to Justice Moiloa and as a result I corrupted him or vice-versa and that we colluded over a corrupt activity of purchasing a house that is worth M3 320 000,” Mr Vumbukani states.

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• police bosses baffled by DPP’s failure to act despite “water-tight case” against Thabane.

’Marafaele Mohloboli

POLICE Commissioner Holomo Molibeli and Deputy Police Commissioner Paseka Mokete, say they are “baffled” why the Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane has still not charged former Prime Minister Thomas Thabane with the June 2017 murder of his ex-wife, Lipolelo Thabane.

They say the failure to charge Mr Thabane, more than a year since Commissioner Molibeli sensationally revealed that former premier and his current wife were prime suspects, is despite that the police have played their part in building a “water-tight” case against him.

Sunday 10 January 2021 marked exactly a year since a warrant of arrest was issued for Mr Thabane’s current wife, ‘Maesaiah, who had fled the country only to be arrested on her return and charged with Lipolelo’s murder. She was initially charged on 5 February 2020 and remains out on bail without a day fixed for her next court appearance.

On the other hand, Mr Thabane- the first sitting premier in the history of this country to be accused of murder- is yet to appear in court to be formally charged over the murder allegations.

Mr Thabane had initially argued that he could not be charged while still in office and was even granted leave by the Maseru Magistrates’ Court to petition the Constitutional Court over the matter.

The argument is nevertheless no longer valid after he was forced to step down in May 2020 by his own All Basotho Convention (ABC) in favour of the current incumbent, Moeketsi Majoro.

Shortly after ‘Maesaiah was granted bail in June 2020, DCP Mokete stated that Mr Thabane would also be arrested and tried alongside his wife.

On 6 July 2020, Mr Thabane even addressed a press conference at his Hillsview, Maseru home where he told his supporters he expected to appear in court the next day

The scheduled appearance was however, aborted at the last minute. At the time, DCP Mokete told this publication that the police were “tying up loose ends” before taking the former premier to court.

“We anticipate that he (Thabane) is likely to raise some points of law and we are trying to guard against those,” DCP Mokete said.

“Last time he was supposed to appear in court he raised some technicalities so we do not want to be caught off guard. He will ultimately appear in court and be officially charged,” DCP Mokete added.

However, some police sources alleged that Mr Thabane had not been arrested on the orders of the government which feared a backlash from his supporters in the ABC.

Back in July 2020, some senior ABC officials including former cabinet minister and current Qoaling legislator, Chalane Phori, publicly threatened to topple the Majoro administration if Mr Thabane is arrested and charged alongside ‘Maesaiah.

They threatened to “expose” Dr Majoro’s own “dirty secrets” if the latter did not give in to their demands to have the murder charges against Mr Thabane dropped.

The police sources later told this publication that the Majoro administration had given in to the Thabane loyalists’ demands by ordering the police not to arrest Mr Thabane. The Thabane couple was supposed to be charged with others including the now deceased popular Famo musician and political activist, Mosotho Chakela (real name Rethabile Mokete) who died last week in South Africa.

This week, both Commissioner Molibeli and DCP Mokete told this publication that the police had done their work and they could not understand why the DPP still had not charged Mr Thabane.

Asked if any political pressure had been brought to bear on the police not to touch Mr Thabane, DCP Mokete said, “Despite that Chakela has passed on, the matter has been forgotten or abandoned. We are still going to go after the other suspects.

“The only hurdle we are having is the delay by the office of the Directorate of Public Prosecutions.

“We have submitted all our papers and everything is orderly and we don’t know what the hold- up is all about. We are sure that we have a water tight case against all the people who were mentioned as suspects,” DCP Mokete said.

On his part, Commissioner Molibeli said the matter was out of their hands as they had submitted all the relevant files to the DPP.

“We have since submitted all the relevant paperwork to the office of the DPP and we don’t know what is causing the delay,” Commissioner Molibeli told the Lesotho Times.

DPP Motinyane could not be reached for comment.

However, one of the prosecutors in the DPP’s office who spoke to this publication on condition of anonymity denied that there had been any political pressure to stop the prosecution.

He said the delay in prosecuting the case had been caused by DCP Mokete’s delay in submitting additional information pertaining to the case which had been requested by DPP Motinyane.

Meanwhile, the ABC has denied pressuring the government and the DPP to stop the prosecution of Mr Thabane.

ABC spokesperson Montoeli Masoetsa said, “we have not had any say or influence in what happens to Ntate Thabane or anyone else pertaining to this murder case”.

“We are not placed to influence the courts of law in the miscarriage of justice. Our stance has always been clear that if Ntate Thabane is a suspect, he should be prosecuted,” said Mr Masoetsa.

ABC secretary general, Lebohang Hlaele, concurred saying, “we have no business meddling with the courts of law. Let justice take its course”.

The post Lipolelo murder trial delay: Molibeli, Mokete blame DPP appeared first on Lesotho Times.

•  acknowledges Biden’s electoral victory,
• says “criminals” who stormed the Capitol will face the music

Herbert Moyo

UNITED States (US) Ambassador to Lesotho, Rebecca Gonzales, has branded as “criminals”, the unruly mob of her outgoing President Donald Trump’s supporters for storming the US Capitol building in Washington DC last week.

The rioters stormed the Capitol- the seat of the US congress- to protest what they said was the fraudulent outcome of the US’s November 2020 elections which saw Mr Trump- the Republican candidate- lose to Democrat Joe Biden.

Mr Trump’s supporters besieged the Capitol stoked by his defiant but pathologically false speech that the election was stolen from him.  He urged his supporters to storm the Capitol.

Thousands of his supporters had braved bone-chilling temperatures to hear him speak at the Ellipse below the White House before marching to the Capitol.

“If you don’t fight like hell, you’re not going to have a country anymore,” Mr Trump had told the crowd. By the end of the night, five people had died in the ensuing chaos and offices throughout the Capitol were trashed by the angry mob. Lawmakers were forced to barricade themselves in the debating chamber before the situation was eventually brought under control by the police and other security forces.

In a statement titled “Storming of the United States Capitol”, Ms Gonzales said the protestors were “criminals” who had committed “violent acts of terror against our democracy”.

She said she expected the rioters to be charged for their actions which have soiled the reputation of the US as the world’s foremost democracy.

She said despite the actions of the rioters, power would still be handed over to Mr Biden on 20 January 2021. Mr Biden resoundingly won the election with 306 electoral college votes to Mr Trump’s 232. This was way more than the 270 votes needed to win the election.

Mr Biden’s running mate, Kamala Harris, will make history by becoming the first female vice president of the US.

Speaking on the issue, Ms Gonzales said, “The United States Congress has completed its constitutionally mandated count of the electoral college vote and affirmed the election of Joseph Biden and Kamala Harris. They will be sworn into office and a peaceful transfer of power will occur on 20 January 2021”.

“The criminals who committed violent acts of terror against our democracy will be held accountable in accordance with the rule of law in the United States. Our heartfelt gratitude to the many citizens of Lesotho who sent messages of support during yesterday’s (6 January 2021)’s difficult hours.

“The enduring friendship and partnership between the United States and the people of Lesotho will endure and thrive as we recommit to supporting and living up to our democratic ideals,” added Ms Gonzales.

The US has for years been the world’s greatest symbol of democracy. It has spoken against abuses around the world. In Southern Africa, the US has steadfastly stood against oppressive antiquated regimes like Zimbabwe. Yet its reputation as the ultimate paragon of democratic virtue has been imperilled by Trump’s crass recklessness and stupidity.

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• hospitals, mortuaries overwhelmed,
• coffins run out as Covid situation reaches crisis levels, premier reveals.

Limpho Sello | Ntsebeng Motsoeli

PRIME Minister Moeketsi Majoro has reimposed a nationwide lockdown as part of stricter rules to fight soaring Covid-19 infections.

Dr Majoro also revealed that the country’s hospitals were overwhelmed due to the spike in infections while mortuaries had run out of space to accommodate bodies of deceased patients.

He said as part of measures to stem the rising tide of infections, the country had from today been placed in the red category of restrictions. This means that the country’s borders have now been shut down and cross-border travel is expressly prohibited except for essential services and returning residents. The situation will be reviewed on 27 January 2021, he said.

There will be even stricter restrictions on inter and intra-district travel with people expected to observe a new curfew from 7pm until 6am. Last week, Dr Majoro had announced a curfew from 8pm until 5am the following day.

The new measures, announced on Tuesday evening by Dr Majoro, came into effect this morning.

Addressing the nation on national television, Dr Majoro said cabinet had resolved at its Tuesday meeting to impose the new tighter restrictions following a spike in Covid-19 infections and deaths.

Last week when Dr Majoro announced that the country had moved to the orange category which necessitated stricter measures, statistics provided by the National Covid-19 Secretariat (NACOSEC) showed that there were now 3914 Covid-19 infections and 65 deaths in Lesotho.

This represented a huge increase from the 3206 infections recorded on 1 January 2021.

The latest NACOSEC statistics released on 10 January 2021 put the number of infections at 5937 and deaths at 85.

However, the premier believes the infections and deaths are much higher than what was reported by NACOSEC. He said they were continually receiving reports of infections and deaths from people who knew of others who had succumbed to the virus.

He said until late last month, new infections had been low and had never exceeded 20 infections per day.

“But from 18 December 2020 the number of infections increased to at least 100 per day and today looking at the recent statistics, the positive cases have increased to over 800 per day,” Dr Majoro said, adding, “we are in a crisis now”.

“In November (2020), the death rate was low as only one or two deaths were reported per week. But last week, we reported 20 deaths and the expectation is that in the coming weeks the numbers are going to increase to over 20 per week and they are going to shock us.”

Dr Majoro said they had inspected health facilities and found that they were overwhelmed by the rising tide of infections. The isolation centres were full and in in the coming days all hospitals will get full, he said.

“We have inspected the status of our health facilities today (Tuesday) to see if they could still accommodate people who need close monitoring by doctors and nurses. We discovered that hospitals, clinics and other health centres were under immense pressure. The Mafeteng and Berea hospitals are full to capacity.

“We had extended admissions of Covid-19 patients to other government hospitals and they are now also burdened by the growing numbers of patients. The situation is expected to worsen in the coming days.

“We do not have adequate intensive care unit (ICU) facilities for critical patients and the numbers are expected to grow past the capacity of those that we have.

“The death rate is also increasing alarmingly and mortuaries have also reported that they are running out of coffins and space to shelf the deceased. They are fearing a worse situation in the next few weeks. This virus is getting out of control and this warrants us to make decisions,” Dr Majoro said.

The premier said as part of measures to stem the tide of infections, people were expected to stay at home and only go out for essential services such as purchasing food from grocery stores and seeking medical services.

“The security forces will be deployed to the streets to ensure that the public abide by the regulations,” he said.

Other measures include the already existing ban on church services and political rallies.

Schools will remain closed while prisoners will no longer be able to receive visits from their families and friends. Only health workers, lawyers representing inmates and oversight bodies will be allowed to continue visiting prisons.

The new restrictions also come at a time when Covid-19 infections are rising exponentially all over the world. Many countries including neighbouring South Africa have been hit by a new variant of Covid 19 which is said to be more infectious than the first one which originally broke out in January 2019.

South Africa has been cited as a key source of the new variant. Countries like the UK have since banned all travel between them and South Africa.

South Africa has now breached the one million mark with 1 259 748 infections and 34 334 deaths as of yesterday.

This represents a sharp increase from 1 127 759 infections and 30 524 deaths a week ago. It has the highest number of infections in Africa and is 16^th in the world.

South African President Cyril Ramaphosa on Monday announced stricter measures including the closure of the country’s land borders and the extension of the ban on alcohol sales. The alarming increase in infections locally and in South Africa made the government’s fresh restrictions inevitable.

A fortnight ago, Health Minister Motlatsi Maqelepo warned that a fresh Covid-19 disaster was looming in the country with an alarming increase in infections.

Mr Maqelepo said he would advise Dr Majoro to impose another strict lockdown.

Earlier this week, the Lesotho Nurses Association (LNA) also appealed to the premier to announce a “hard lockdown”, saying the health delivery system was overwhelmed and could no longer cope with the soaring infections.

LNA president, Raphael Tlali, said the rate of infections was too high and Lesotho’s health facilities lacked adequate personnel and equipment to deal with the situation.

He said among other things, isolation centres lacked oxygen to assist patients to breathe.

“People are dying every day and nurses are also getting infected daily. Such statistics are not recorded by NACOSEC but we have obtained them through our own investigations and checking up on our members.

“A hard lockdown is necessary because we are not even ready now as the health system is very poor. The facilities are very poor, there is no personal protective equipment (PPE), no running water and sanitisers in our facilities. The training of our health professionals on infection, prevention and control to eliminate the risk of Covid-19 infection is also poor,” Mr Tlali said.

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• accuse Manyokole of destabilising govt

Pascalinah Kabi / Mohalenyane Phakela

PRIME Minister Moeketsi Majoro and his Law and Justice Minister, Professor Nqosa Mahao, have joined forces against the embattled director general of the Directorate on Corruption and Economic Offences (DCEO), Mahlomola Manyokole, accusing him of destabilising the current regime.

Dr Majoro and Prof Mahao also deny Adv Manyokole’s allegations that they are involved in corrupt activities, saying the DCEO boss’ claims are not legally sound but “politically inflammatory statements” meant to “destabilise and compromise” the government.

Their allegations are contained in their court papers filed in response to Adv Manyokole’s High Court application challenging Dr Majoro’s moves to oust him.

Late last month, Dr Majoro and Prof Mahao renewed their bid to fire Adv Manyokole after having appeared to abandon the initial one.

In that fresh effort, Dr Majoro set up a three-member tribunal to determine Adv Manyokole’s fitness to hold office while Prof Mahao issued a new “show-cause” letter asking Adv Manyokole to justify why he should not be suspended while the tribunal probes him. Dr Majoro has since suspended Adv Manyokole after the latter elected to approach the court for relief and not to respond to Prof Mahao’s “show cause” letter.

Adv Manyokole is accused of incompetence, corruption and abusing his office to shield criminals from prosecution.  He has generally faced accusations of being a ‘Maesaiah appointee”, catapulted to the top job without any prior investigative nor prosecutorial experience. This in reference to ex- Prime Minister Thomas Thabane’s wife, ‘Maesaiah, who is said to have wielded immense influence over her husband including selecting candidates for key government appointments. The DCEO boss refutes the allegations.  He, in his latest application, lambasts Dr Majoro and Prof Mahao as “the real crusaders of corruption”.

He says Dr Majoro is under investigation for money laundering and corruption. One case against the premier has already been referred to the Director of Public Prosecutions (DPP) for prosecution, he claims, without elaborating.  He also implicates the premier in the alleged corrupt awarding of a lease to run Victoria Hotel to the late businessman Thabiso Tlelai.

Prof Mahao on the other hand stands accused of trying to sabotage criminal investigations into a Chinese company which allegedly employs his nephew. Dr Majoro is also accused of seeking to protect the same Chinese company because of alleged vested interests in its operations.

Prof Mahao is further accused of seeking to illegally abuse the DCEO to launch probes into opponents such as Development Planning Minister Selibe Mochoboroane and former Deputy Prime Minister Mothetjoa Metsing to settle political scores.

In that regard, Adv Manyokole alleges Prof Mahao tried to illegally pressure him to investigate and dig up any dirt against Messrs Mochoboroane and Metsing to establish a basis for their prosecution.

He alleges that Prof Mahao has also attempted to pressure him into investigating High Court and Court of Appeal Registrar Adv ‘Mathato Sekoai for possible corruption. Adv Sekoai and Prof Mahao do not see eye to eye after they clashed late last year over the former’s support for moves by Attorney General Haae Phoofolo and former Acting Chief Justice ‘Maseforo Mahase to appoint five new judges to the High Court without consulting fellow members of the Judicial Service Commission (JSC) and Prof Mahao himself.

Retired Judge Teboho Moiloa, who was appointed to chair a tribunal established to probe Adv Manyokole’s fitness to hold office, has not been spared the DCEO boss’ venom. Adv Manyokole alleges the retired judge is not fit to chair any investigations against him as he is himself already being probed by the DCEO for corruption and money laundering.

Adv Manyokole had appeared to be off the hook last month after Prof Mahao withdrew his first “show cause” letter in which he had sought to suspend the DCEO boss. This after an out of court settlement with Adv Manyokole after the latter had gone to court to interdict his suspension. It is not clear what had prompted Prof Mahao to agree to an out of court settlement and withdraw his initial “show cause” letter.

Adv Manyokole’s lawyer, Tekane Maqakachane, had informed High Court Judge Justice Molefi Makara that they would finalise negotiations for an out of court settlement with Prof Mahao to be presented before the judge and made an order of court. That all did not happen and Dr Majoro and Prof Mahao instead renewed their bid to oust him from office.

The latest bid to oust him has provoked a furious response from Adv Manyokole who has made the sensational corruption allegations against the premier, Prof Mahao, Justice Moiloa and others.

However, Dr Majoro and Prof Mahao have not taken the allegations lying down.

                                                 Destabilising government

In his answering affidavit, Dr Majoro categorically denies the corruption allegations against him, saying the claims are not only calculated at destabilising the government but also diverting attention from the probe into the DCEO boss’ fitness to remain in office.

“…regrettable and gratuitous averments are made to the effect that both the Minister of Justice and Law and the Prime Minister (myself) are crusaders of corruption ourselves,” Dr Majoro states.

“I take issue with these views as expressed in the founding affidavit of Mr Mahlomola Manyokole. These unfortunate remarks are made by a public official appointed by my predecessor (Thomas Thabane) and functioning and operating in the government which I currently lead. It puts the office of Prime Minister, the Minister of Justice and Law, Chief Justice (and) government at large and the DCEO into disrepute.

“The Minister of Justice and Law is for his part, accused of making attempts to have another cabinet member of the government which I head – Hon Mochoboroane and the former Deputy Prime Minister – Hon Metsing prosecuted. The deponent to the founding affidavit (Manyokole) alleges the 2^nd respondent (Mahao) endeavored to make him do that which he does not have the power to do. The DG does not have the power to prosecute. That power exclusively inheres in the office of Director of Public Prosecutions (DPP).

“His (Mahao’s) affidavit is attached herein in support of mine and he is categorically in opposition of this politically inflammatory statement in which the deponent (Manyokole) aims to create a constitutional crisis. This may effectively yield a breeding ground to a well-orchestrated dispute between not only my office as Head of Government but also between two of my cabinet members (Mahao and Mochoboroane) from two differing political parties in a coalition government which I am currently leading.

“I wish to take the court into my confidence and state that this statement (corruption allegations raised by Manyokole) was clearly professionally uncouth from a head of such a delicate institution and the motive was and remains that of a political nature not a legal one,” Dr Majoro states.

Prof Mahao concurs, saying in his own court papers that it was necessary to suspend Adv Manyokole because his continued presence at the DCEO posed a threat to national security.

He said he was forced to advise the premier to suspend Adv Manyokole after the latter deliberately chose not to respond to his “show cause” letter instead by the 4 January 2021 deadline and instead opted to launch a “collateral attack” on the government.

“I was influenced (to advise Manyokole’s suspension) by the fact that the DG was involved in continued acts of sabotage which commenced with the explosive averments stated in the founding affidavit of DG,” Prof Mahao states.

“My attention was drawn to his decision to remove files from the directorate’s custody and I have since learnt with deep concern and consternation that the DG is actively engaging in acts aimed at sabotaging both the institution and the government.

“I have since received some intelligence reports that he has instructed the information technology (IT) personnel to tamper and or delete crucial information from the directorate’s database. Given the delicacy of the matter and its sensitivity, I sourced the intervention of intelligence agencies…

“The intelligence which I gathered was that the DG was seen at the official precincts of the DCEO carrying some files even after the launch of the judicial proceedings. It is safe to conclude that the aim was and is to prejudice the case pending before court as against the state. The same applies to the proceedings of the tribunal. This proves detrimental to the stability of the nation and the DCEO given the explosive averments that he alluded to in his affidavit. I am constrained to contend that the national security of Lesotho was and is seriously compromised by the activities of the DG,” Prof Mahao states.

                                                         Smokescreen

Dr Majoro further argues that the corruption allegations against him and others are merely a smokescreen intended to divert attention from the probe into Adv Manyokole’s fitness to remain in office.

He argues that the alleged DCEO probe into his and others alleged corruption was unprocedural as it was only begun after Adv Manyokole became aware that a tribunal had been established to probe him.

Still that DCEO probe was not procedural as it was conducted at a time when the DCEO had closed for the Christmas holidays, he alleges.

“The DG conveniently if not purportedly concluded an investigation against me during the time when the operations of DCEO were officially on halt due to Christmas Holidays.

“He purports to have transmitted the docket to the office of the DPP on the same day (29 December 2020) and this was coincidentally if not ironically on the same day when he learnt of a tribunal established to probe his fitness to hold office and five days after the establishment of tribunal.

“The DCEO was officially closed on the given day when the initiative was undertaken to transmit the docket. I emphasise that I, in my personal capacity, have not been warned as a suspect and or charged of any criminal offence to date and I remain ignorant of the details and or particulars of my criminal investigations. There is no legal impediment that precludes me as Head of Government or Prime Minister of the Kingdom of Lesotho from exercising both my constitutional and statutory mandate…

“I insist that the motive behind this endeavour was none other than to destabilise and compromise the government which I lead but not only that, to serve as a red herring and to divert not only the court but the entire nation from the issues which must be probed by the contemplated tribunal,” Dr Majoro states.

Manyokole ‘not untouchable’

On his part, Prof Mahao tears into Adv Manyokole, saying the latter’s claims that he is probing Dr Majoro and other senior prominent people do not make him “untouchable” and he must have his day before the tribunal.

“It is not sufficient to say, as he (Manyokole) efficiently does, that he is untouchable because he either possesses what he terms ‘intelligence’ about people or that he is investigating them and that they are disqualified to preside over his matter because they are alleged to have committed money laundering at some stage 10 years ago.

“It is indeed surprising that he is only now making damaging allegations about dignitaries of this country without first interviewing them as suspects according to law and conveniently for him at the time when he is supposed to appear before the tribunal to answer his specific case,” Prof Mahao states.

He argues that they correctly suspended Adv Manyokole because there was no court order barring them from doing so even if the matter is still pending before court.

“This initiative (of suspension) had to be undertaken given the extent to which the continued occupation of office by the DG would compromise the administration of both the state and the DCEO. Beyond that, there are private citizens (curiously branded as suspects by the DG) who are glaringly prejudiced by the apparent maladministration of the DCEO and whose purported investigations form the subject of publication even before they are charged or interviewed for that matter.

“The publication of information that the retired judge is a suspect even before he could be charged and even before the decision to prosecute was made by the Director of Public Prosecutions (Adv Hlalefang Motinyane) says a lot about the mismanagement of the affairs of DCEO under the administrative supervision of the deponent to the founding affidavit.”

                                                    Breakdown in relations

He argues that the suspension was all the more necessary due to the tension between Dr Majoro and Adv Manyokole.

“I aver that the interests of the state and the DCEO have to be balanced with those of the DG. There is compelling evidence that there is a severe breakdown of relations between the DG and the office of the Prime Minister, Minister of Justice and Law and the Directorate Appointment and Promotion Board. The break in confidence and trust in the mentioned offices clearly point to the compound challenges facing the DG beyond the fact that there is a tribunal established to probe his fitness to hold office.

“The devoted act of seeking to interdict the suspension does not attract any balance of convenience in favour of the DG, if anything the circumstances lean in favour of him being suspended with full benefits which accrue to his office.

“I therefore stand firmly by my decision to recommend the suspension of the DG and equally support the initiative on the part of the prime minister to have the DG suspended,” Prof Mahao states. (See story on Page 7).

The post Majoro, Mahao fight fire with fire appeared first on Lesotho Times.

• says war against pandemic may not be won
• as “illegal” NACOSEC splurges M1,5 billion on wasteful expenditure

Pascalinah Kabi

LESOTHO is unlikely to win its fight against Covid-19 amid revelations by the auditor general’s office that the Covid-19 budget, initially pegged at M698 million but which had ballooned to M1, 5 billion by August 2020, was spent more on operational costs instead of empirical interventions required to contain the deadly pandemic.

A huge chunk of the money, according to acting AG Monica Besetsa, was being spent on salaries and allowances for staffers at the National Covid-19 secretariat (NACOSEC), set up by Prime Minister Moeketsi Majoro last June to spearhead the country’s response to the pandemic.

The AG audited NACOSEC affairs from June 2020 to August 2020. Her report was presented to the government in September 2020 but was never made public. The Lesotho Times managed to access a copy only this week.

The report exposes the continued mismanagement of funds meant to contain the virus, which is now spreading at an alarming rate, prompting Dr Majoro’s latest decision to impose a hard lockdown. Instead of interventions to contain the pandemic, money continues to be splurged on salaries and illegal and inflated honorariums.

The illegal establishment of NACOSEC had also resulted in a duplication of functions as the new body hired people for positions that already existed in government causing wasteful expenditure.

For instance, NACOSEC hired a chief finance officer earning a monthly salary of M70 000 plus medical aid cover and a cellphone allowance of M1500 per month.  An existing government employee could have been redeployed for this task at no extra cost.

Some staff members at NACOSEC have signed contracts entitling them to monthly honorariums of M20 000 each per month. This according to Ms Besetsa, is against a government policy requiring honorariums not to exceed M5000, payable on a once-off basis upon the completion of a special assignment.

Other NACOSEC staffers were given contracts ranging from four to six months starting from July 2020. These contracts entitled them to gratuities upon termination of employment thus increasing government expenditure. No gratuities should be attached to such short-term contracts.

The AG notes in her report that the government could end up failing to contain the virus because funds earmarked for interventions to stop the spread of the virus are instead splurged on salaries and other operational costs.

The report titled “Preliminary Report on the Audit of Government Response to Covid-19 Pandemic”, was presented to the Minister in the Prime Minister’s Office, Kemiso Mosenene, on 23 September 2020.

While it is not clear how Prime Minister Moeketsi Majoro’s administration has responded to the AG’s warnings, there is already strong evidence on the ground to suggest that the government is failing to contain the spread of Covid-19.

Thousands of Basotho living and working in South Africa are said to have entered the country during the festive season without being tested or screened for Covid-19. This raised fears that they could have brought the virus into the country and infected many others.

The government is also said to be releasing Covid-19 patients from quarantine centers earlier than expected because of lack of funds to keep them in these facilities.

Hundreds of Basotho who tested positive at the Maseru and Ficksburg border posts while attempting to return to South Africa over the past weeks were also not quarantined. In fact, as NACOSEC officials admitted last week, they were allowed to mingle with others in public transport to their respective homes.

The rise in Lesotho infections come at a time when Covid-19 infections are soaring all over the world. Many countries including neighbouring South Africa have been hit by a new variant of Covid-19 which is said to be more infectious than the first which originally broke out in January 2019.

South Africa has been cited as a key source of the new variant. Countries like the United Kingdom have since banned travel to and from Lesotho, South Africa and other southern African nations as part of efforts to contain the spread of the virus.

While South Africa and other countries are making arrangements to procure Covid-19 vaccines for their citizens as early as next month, Lesotho will only lay its hands on the vaccine through the COVAX facility (a fully subsidised initiative by the World Health Organisation) only around April. Meanwhile NACOSEC has been wasting money on salaries and honorariums.

Dr Majoro has since announced the government would spend M240 million to acquire vaccines. But Lesotho will have to join the back of the long queue as other countries, that were proactive, had already made direct deals with manufacturers and would have to get their allocations first.

“(The) Covid-19 pandemic has put a burden on the national budget, caused an economic crisis in the country and further put a lot of strain on the already ailing health care systems but the government is seen establishing new institutional structures that are costly, stretching the resources over and above the re-allocated budget,” the AG’s report states, in reference to the illegal establishment of NACOSEC.

“The government of Lesotho may end up not containing the spread of the virus and rapidly rising cases of infections while funds reallocated to Covid-19 are financing operating costs rather than Covid-19 pandemic issues”.

Ms Besetsa says her audit covered the period from March 2020, when the then Thomas Thabane-led government declared Covid-19 a national emergency, to August 2020.

The Thabane government had appointed a National Emergency Command Centre (NECC) chaired by Communications, Science and Technology Minister Thesele Maseribane to coordinate the fight against Covid-19.  The NECC immediately got mired in allegations of embezzlement with highly inflated procurement costs. Those charges have not been probed and culprits brought to book.

The NECC was disbanded in June 2020 by Dr Majoro after he took office a month earlier and he established NACOSEC in its place. The AG maintains NACOSEC is an illegal body.

At the time of its disbandment, the NECC was accused of corruption and wasteful expenditure on none core issues such as food for its officials instead of materials and services to fight the deadly pandemic.  A vivid example of its corruption was the purchase of four gas heaters at a cost of nearly M200 000 yet these gadgets cost less than M5000 in any hardware.

Dr Majoro had then appointed Lesotho Revenue Authority (LRA) commissioner general Thabo Khasipe as NACOSEC CEO and later as head of the Disaster Management Authority (DMA). Mr Khasipe quit in frustration.

The principal secretary for the cabinet, Kabelo Lehora, had questioned the legality of NACOSEC and its attempts to access funds for the Covid-19 response saying it was not properly constituted in the absence of enabling legislation to bring it into being.

Dr Majoro moved to fix the situation by also appointing Mr Khasipe as the DMA CEO. His appointment as DMA CEO was meant to solve the legal conundrum created by NACOSES and enable him to access funds allocated by the government for the fight against Covid-19. This because the DMA is a statutory body established by an act of parliament to coordinate the country’s response to any disasters including pandemics such as Covid-19. NACOSEC would then fall under the DMA.

But even then, it appeared there were still obstacles in Mr Khasipe’s path as the DMA continued to be starved of funds. It was seemingly frustrated by government ministries including the Ministry of Health, which claimed the Covid-19 fight as falling under its purview – resulting in his resignation last October.

In her report, Ms Besetsa still questions the need for establishing NACOSEC and its legality when the DMA was established to deal with emergencies and pandemics such as Covid-19.

“Parliament has enacted laws and regulations that put a country in a state of preparedness for any disaster that may happen. However, instead of strengthening the existing structures, the government opted to establish new ones at a time of emergency and in the process, there was non-compliance with national laws and regulations.

“During an emergency, cabinet assigns the DMA to assume a disaster relief role until the national crisis ends. Upon declaration of state of disaster, the minister responsible for DMA has powers to utilise all available resources of the government as reasonably as necessary to cope with the emergency.

“The objectives of DMA are to reduce Lesotho’s vulnerability to prevalent disasters, in conjunction with other arms of government, the uniformed services, NGOs, United Nations agencies and other resident donors….

“The Ministry of Finance has established a Disaster Management Fund in which all moneys donated from any source or appropriated by the government for the purpose of disaster management are paid into and disbursements paid out.”

But despite this clear mandate of the DMA, the government still established the NECC and thereafter NACOSEC to spearhead the fight against Covid-19, a move the AG says was absolutely unnecessary.

“On 10 July 2020, Legal Notice 61 of 2020 that established the National Covid-19 Secretariat (NACOSEC) was issued as well as the Legal Notice 62 of 2020 that legalised appointment of the chief executive officer as the new executive secretary to the NACOSEC.

“It is of great concern that the establishment of a body such as the NACOSEC has been made by subordinate legislation instead of being enacted by parliament. The legality of the Legal Notice is therefore highly questionable. The Legal Notice No.61 of 2020 states that NACOSEC should provide professional support without defining what professional support entails in this context. This leads to ambiguity in interpreting professional support in this context, especially with reference to the responsibilities of the executive secretary stated in the same legal notice.

“NACOSEC is headed by the executive secretary contrary to the provisions of the (DMA) Act that the Chief Executive of the (DMA) Authority should head disaster management. NACOSEC moved out of ‘Manthabiseng Convention Centre which was declared as the national command centre for the Covid-19 pandemic to Avani Maseru. There is no evidence that Avani Maseru was declared the national operations centre as required by law. Personnel from key entities expected to be working with NACOSEC such as security personnel being LDF, LMPS, LCS, NSS and DMA work from their head offices in isolation from NACOSEC.

“Coordinating key ministries involved in managing Covid-19 pandemic remain a challenge as there are no clear guidelines as to how these entities should engage,” the report states.

Without the coordination of functions, government may end up making “uninformed decisions,” the AG says.

Equally worrying, Ms Besetsa says, is the fact that NACOSEC has far outspent its initial budget of M689 million. She says despite the budget rising to a whooping M1, 5 billion by August 2020, a huge chunk of that money has been used for operational costs rather than fighting Covid-19.

“NECC had an approved budget of M698 million. The proposed budget escalated to M1, 5 billion due to extra expenses to pay for operational costs at NACOSEC. This takes Covid-19 issue out of context of being an emergency, disaster and pandemic, hence a need for the involvement of parliament in this kind of establishment.

“NACOSEC was established to provide professional support in respect of the national Covid-19 pandemic response. The audit noted some irregularities regarding appointment of staff at NACOSEC… Scrutiny of the positions of these individuals does not show expertise that will provide professional support specifically related to Covid-19.

“Officers deployed at NACOSEC are given contract appointments ranging from four to six months starting from July 2020. Contract appointments attract benefits such as gratuity payable upon termination, increasing expenditures for the government. Some employment contracts stipulate monthly honorarium payable to the value of M20 000 per month. This is against the government policy that states that honorarium should not exceed M5000 payable once on completion of such special assignment.

“Some of the human resources’ expertise deployed at NACOSEC resemble those that already exist within DMA or other ministries of which the Minister has the powers to transfer in case of an emergency. These include finance, procurement, legal and other support staff that NACOSEC is engaging at a cost. For example, there was the recruitment of a chief finance officer at the cost of M70 000 per month, medical aid cover and a cellphone allowance of M1500. The chief finance officer could have been transferred from one entity within government to give necessary support without extra expense to the government.

“It therefore remains a concern as to whether the government will achieve its mandatory role to prevent the spread of the virus and protect Basotho across the country and to support the economy and strengthen the health care systems to cope with the pandemic,” the report states.

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FOR decades, Lesotho has benefitted from various forms of development assistance from the United States (US) government.

Apart from funding to combat HIV and AIDS and other health programmes, Lesotho has also received multi-million-dollar funding under the US’ Millennium Challenge Corporation (MCC).

The first MCC compact in 2007 enabled Lesotho to build new health infrastructure, upgrade existing infrastructure as well as improve access to clean water for its citizens among other things.

Lesotho has also benefited from the African Growth and Opportunity Act (AGOA) facility which allows it to export goods duty-free to the US.

Eligibility for AGOA, MCC compacts and all other forms of development assistance is dependent on Lesotho and other benefitting countries meeting key criteria including upholding human rights, the rule of law and other democratic principles.

For Lesotho specifically, the newest threat to its eligibility for development assistance is its apparent failure to deal with the scourge of human trafficking. The issue was first raised in September 2020 by the US Ambassador to Lesotho, Rebecca Gonzales, in an interview with this publication.

She warned at the time that unless addressed by February 2021, the human trafficking issue would result in Lesotho losing out on the second compact, AGOA and other development assistance.

With the February 2021 deadline fast approaching, the Lesotho Times (LT) editor, Herbert Moyo, this week engaged Ambassador Gonzales to find out how the US government feels the Moeketsi Majoro administration has fared since the concerns were raised.

Below are excerpts of the interview.

LT: Your Excellency, Lesotho is fast approaching the February 2021 deadline set by the United States to have achieved several concrete actions to combat human trafficking. Where does Lesotho stand today as far as you are concerned?  

Ambassador Gonzales:  Let me be extremely frank: Lesotho’s future is at stake.  For three years, I directly engaged with my counterparts at the highest level of the Thabane government (including ministers).

For three years, the Thabane government did not make significant progress preventing the trafficking in persons (TIP), protecting victims, or prosecuting perpetrators.

Due to the lack of action by the Thabane government, Lesotho was downgraded to Tier 3 in early 2020 and remains at risk of losing future US development assistance.

US taxpayers are unwilling to support governments that do not act against human trafficking.  That is why the US Congress passed laws restricting US development assistance to countries on Tier 3.

The Kingdom of Lesotho must demonstrate that it can adequately protect fundamental human rights to maintain its eligibility for an additional Millennium Challenge Corporation (MCC) compact.  Lesotho’s first MCC compact was a tremendous success, securing US$384 million to increase economic growth and reduce poverty by improving water supply, increasing access to essential health services, and removing barriers to private sector investment.  I am disheartened Lesotho’s journey to the second MCC compact has been derailed by such significant challenges that could have been addressed years priors.

Beyond MCC, the President’s Emergency Plan for AIDS Relief (PEPFAR) and most other assistance the United States provides to Lesotho will be under review if the government cannot get off Tier 3.  These are health programmes that reach Basotho every day and which have led to the great strides we have made in our joint efforts to combat the HIV/AIDS epidemic in Lesotho.

The African Growth and Opportunity Act (AGOA) is a trade benefit programme, but the United States may opt not to continue to grant preferential trade access to a country whose government doesn’t protect internationally recognized worker rights, including protecting victims of forced labour or trafficking.

Presently, AGOA is estimated to support 45 000 jobs in Lesotho and the families dependent on those jobs hang in the balance if significant action is not taken to protect Lesotho’s continued eligibility.

Finally, if Lesotho remains on Tier 3, vital security sector assistance programmes such as police and military trainings and exchanges could end.

LT: Would you say that the Majoro administration has made any tangible efforts to address human trafficking in Lesotho? 

Ambassador Gonzales:  Last year, I secured a one-time waiver for Lesotho from the President of the United States.  I wanted to avoid any reduction to US assistance so that the Right Honorable Prime Minister Dr Moeketsi Majoro and his administration would have time to show progress combatting human trafficking and address other critical issues.

It is worth emphasising that the waiver Lesotho received is not permanent. The government must take action by 1 February 2021.  If not, the restrictions on US foreign assistance will come into force.

In his end of year address, Prime Minister Majoro pointed to several government actions, such as setting up government subcommittees, creating an Anti-trafficking and Migrants’ Control Division at the Lesotho Mounted Police Service, and executing Trafficking in Persons awareness campaigns.

While we are encouraged by these actions, the United States is still looking to see sustained action to enforce legislation and bolster efforts to implement new initiatives to address the issues of human trafficking in Lesotho.  I want to emphasize that this is not a recent issue, and officials found complicit in any form of human trafficking must be held accountable.

LT: From where we are today, what types of actions will get Lesotho off TIP Tier 3?

Ambassador Gonzales:  It was encouraging to see Prime Minister Majoro and his cabinet introduce legislation to strengthen protections for victims of trafficking and better empower law enforcement officials to punish traffickers.  This is landmark progress and a first for Lesotho.

Last year, all Lesotho’s party leaders united on the importance of passing this legislation and I congratulate them for that.  Now, I strongly urge the government to ensure these new anti-trafficking laws are faithfully executed.

Beyond the new legislation, Lesotho’s law enforcement agencies must continue their investigations into credible allegations of official complicity in human smuggling and human trafficking.

Let me emphasize the importance of the word “credible.”  In the last few weeks, there have been many public accusations and counter accusations of involvement in trafficking.  Some are likely true; others may be false.

I urge the innocent to cooperate fully with law enforcement so that they can be exonerated.  And I urge Lesotho’s law enforcement to spare no effort to identify the guilty so that they can be punished to the full extent of the law.  Official complicity in human trafficking is the worst form of corruption — using one’s high office to profit from buying and selling humans is outright appalling.

There is time for Lesotho to meet the February 1 deadline.  If the government takes all these actions, up to and including making substantive progress in its investigations of credible allegations of official complicity in human trafficking then perhaps the country may see an upgrade from Tier 3.

LT: If the Kingdom of Lesotho fails to meet the 1 February 2021 deadline, what will happen next?  What does the future look like for relations between the United States and the Majoro administration? 

Ambassador Gonzales:  The friendship between the United States and Lesotho is enduring.  We are your longest standing partner, and our relationship has spanned 55 years. We’ve maintained an Embassy in Lesotho since the British flag was lowered and the Lesotho flag raised in its place.  We are friends, and we will remain so.

Taking serious steps to address human trafficking is not for the United States or the US-Lesotho relationship; it is for Lesotho’s own credibility and standing in the world.

Failure to make progress will affect the assistance the United States can provide.  The government must take adequate action…  US law is very clear on this point—all forms of foreign assistance will be under review.

I suspect that some of our health assistance would be allowed to continue, although there may be cuts.  This deeply troubles me, as it should all Basotho, given our great efforts to reach and sustain HIV/AIDS epidemic control.  The non-health assistance we provide to support good governance, electricity provision, and other programmes will also likely be cut.

And I have spoken at length with the leadership of the MCC.  They are adamant that a second compact will not be signed until the government of Lesotho gets off Tier 3. MCC has some amazing proposals for a second investment in Lesotho—they are eager to make progress on a second compact.

But it is absolutely not going to happen in 2021 unless the government gets off Tier 3 and pursues the credible investigation of officials who are believed to be complicit in human trafficking over the past several years.

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Mohalenyane Phakela

A LOCAL human rights body, the Transformation Resource Centre (TRC),  has applauded the High Court for jailing two police officers who murdered Lesotho Electricity Company auditor, Thibello Nteso.

The non-governmental organisation also hailed the police for conducting “effective investigations” into Mr Nteso’s 6 February 2017 murder. The office of the Director of Public Prosecutions (DPP) was also praised for its “effective prosecution” of the case which helped secure the police officers’ conviction and sentencing to 20 years each in prison.

The TRC however said despite the sterling work of the police and prosecution, the government still had a long way to go towards capacitating the judiciary to improve the criminal justice system.

The TRC spoke  in the wake of Justice Moreki Mokhesi’s 13 January 2021 decision to sentence Police Constables (PCs) Moeketsi Dlamini and Monaheng ‘Musi to 20 years imprisonment each for murdering Mr Nteso.

Justice Mokhesi had on 10 December 2020 found the duo guilty of murdering Mr Nteso and damaging his vehicle.

In sentencing them, Justice Mokhesi said they had “callously” murdered Mr Nteso when he was not even a threat to them. His only crime was ignoring the police officers’ unlawful orders for him not to access his car, the judge said.

In a statement yesterday, the TRC welcomed Justice Mokhesi’s ruling saying justice had been done in a case involving the police officers.

“TRC firmly stands against the culture of violence and impunity where state officials are accused of committing atrocities and violating the fundamental human rights,” the TRC said in its statement.

“TRC welcomes Justice Mokhesi’s verdict in the Nteso murder case and applauds the decision as a significant step towards breaking the ignoble culture of impunity and non-accountability of state officials, particularly the police.

“TRC notes that the decision reaffirms the primacy of the rule of law, acts as an assurance that no one is above the law and enforces respect for human rights. Stopping killings by state officials entrusted to protect lives, is the most significant obligation of the state arising from the duty to respect the right to life. Handing down the judgement, His Lordship Mokhesi noted that as police officers, the accused were expected to act with self-restraint and not impulsively and irrationally.

“TRC is confident that the verdict is a reminder that Lesotho has a constitution that solemnly protects and guarantees the right to life. It is also a reminder that Lesotho has obligations under the Universal Declaration of Human Rights of 1948 and International Covenant on Civil and Political Rights of 1966 as well as the African Charter on Human and Peoples’ Rights of 1981 to take measures to protect human lives and where there is a breach, the law has to take its course in an effort to find redress.”

While applauding the police and the DPP for their sterling work which contributed to the conviction of the killer police officers, the TRC however, urged them to be as efficient in investigating and prosecuting similar cases involving police officers.

“TRC also applauds the prosecution by the Office of the Director of Public Prosecutions (DPP) and the effective investigations carried by the Lesotho Mounted Police Service (LMPS). However, TRC highly encourages the LMPS and the office of the DPP to accelerate other pending cases of a similar nature.

“TRC calls upon the government to improve the efficiency of the judiciary to improve the performance of the criminal justice system. The prosecution must be capacitated to ensure speedy trials in all murder and torture cases pending before the courts.

“All police officers implicated in tortures and killings of civilians must be prosecuted as happened in the case of Police Constables Moeketsi Dlamini and Monaheng ‘Musi. The government must also ensure the independence and efficacy of the Police Complaints Authority to handle complaints from civilians against police officers violating human rights. The authority’s decision must be binding on the government.”

The TRC also called on the government to speedily compensate victims, survivors and affected families of human rights violations perpetrated by government agents.

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Limpho Sello

MOTIMPOSO in Maseru, is in mourning after 28 people died of Covid-19 related complications in just a week, the constituency’s legislator, Thabang Mafojane, said yesterday.

The constituency is said to be home to about 22 000 people. It has over the years gained a reputation for high crime rates but of late, Covid-19 appears to have taken over as the new scourge.

Mr Mafojane, a member of the ruling All Basotho Convention (ABC), said his constituents were overwhelmed by the soaring Covid-19 infections and deaths in the past week.

He said people had been dying daily and they were burying as many as six people per day since Saturday.

“We have been hit hard by the deaths of our relatives and friends and every day we wake up to the news of people having died of Covid-19,” Mr Mafojane said, adding most of the deceased were middle-aged people aged 40 and above.

“At least 28 people have died in the past five days (to yesterday). We have already buried others and nine more will have to buried over the course of this week.”

Mr Mafojane said for a long time the constituency had succeeded in containing the virus through awareness programmes and collaborative work involving community councilors, area chiefs, community policing personnel and the residents.

He said among other things, they worked together to identify visitors and ensured they were tested for the deadly virus.

He said from May last year when the first infection was recorded in the country, the constituency had managed to keep the infections very low. But all hell broke loose and the infections and deaths increased dramatically in the aftermath of the just-ended Christmas holidays.

He attributed the increase in infections to the return of thousands of Basotho from South Africa for the festive season.

The government has been widely accused of allowing thousands of Basotho, who live and work in South Africa, to return home for the December holidays without testing and presenting valid certificates indicating their Covid-19 statuses.

Mr Mafojane said some of the people started to show symptoms and were subsequently quarantined at isolation centres during the holidays.

“The infections increased in December especially as we approached Christmas.

“Some patients died during the holiday. However, in the past five days the rate at which people have been dying has shocked us. This has traumatised the entire constituency,” Mr Mafojane said.

Prime Minister Moeketsi Majoro last week announced a nationwide lockdown to stem the tide of infections and deaths.

Mr Mafojane, however, said the lockdown had come too late as there were so many infections in his constituency.

“Although we are grateful for the lockdown, it has come a little too late as we already have too many positive cases and deaths.

“Nevertheless, the security forces have to be visible in the constituency and enforce compliance with the lockdown regulations to avoid the further spread of the deadly virus.

“Young people appear not to be bothered and are continuing with their lives as before. But unfortunately, when they are infected, they are in most cases asymptomatic and they end up infecting older people who are now dying daily of the disease,” Mr Mafojane said.

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Pascalinah Kabi

THE government has denied overshooting the Covid-19 budget, saying by December 2020, it had only spent about M341 million of the initial M698 million set aside to fight the pandemic.

Addressing the media yesterday, Dr Majoro’s press attaché, Mosito Moqhekoana, said the Ministry of Finance had released only about M403 million to the Office of the Prime Minister, through the Disaster Management Authority (DMA), to spend on Covid-19.

Of that M403 million, about M341 million had been used thus far.  About 293,8 million of the M341 million had been spent on “key issues” like purchasing personal protective equipment (PPE) and paying private facilities which were used as isolation centres for Covid-19 patients.  The remainder had been used to pay the salaries of support staff and other operational expenses like fuel and telephone bills.

Mr Moqhekoana, flanked by the Principal Secretary for Cabinet Administration, Kabelo Lehora and other government officials addressed the media in the wake of last week’s story in the Lesotho Times quoting a preliminary report by the  Auditor General Monica Besetsa which said the Covid-19 budget had ballooned from M698 million to M1, 5 billion “due to extra expenses to pay for operational costs of NACOSEC” and not necessarily interventions required to contain the deadly pandemic.

Under a section of her report titled “Budget for NACOSEC”, Ms Besetsa says,

“NECC had an approved budget of M698 million. The proposed budget escalated to M1, 5 billion due to extra expenses to pay for operational costs of NACOSEC.

“This takes Covid-19 issue out of context of being an emergency, disaster and pandemic, hence a need for the involvement of parliament in this kind of establishment,” said the report.

The NECC was the National Emergency Command Centre (NECC) originally established by former premier Thomas Thabane to fight Covid-19. It was disbanded by new Prime Minister Moeketsi Majoro in June 2020 after he assumed office a month earlier. The NECC, headed by Communications, Science and Technology, Minister Thesele Maseribane had been rocked by allegations of profligacy and mismanagement.   It was then replaced by NACOSEC, a move equally dubbed illegal by the auditor-general.

The AG audited NACOSEC affairs from June 2020 to August 2020. Her report was presented to the government in September 2020 but was never made public. The Lesotho Times managed to obtain a copy last week.

The AG said in her report that the government could end up failing to contain the virus because funds earmarked for interventions to stop the spread of the virus were instead splurged on operational costs. The operational costs include grossly inflated allowances for NACOSEC staffers, some of whom were ill equipped and ill-qualified for the task at hand, the report further said.

“NACOSEC was established to provide professional support in respect of the national Covid-19 pandemic response. The audit noted some irregularities regarding appointment of staff at NACOSEC… Scrutiny of the positions of these individuals does not show expertise that will provide professional support specifically related to Covid-19.

“Officers deployed at NACOSEC are given contract appointments ranging from four to six months starting from July 2020. Contract appointments attract benefits such as gratuity payable upon termination, increasing expenditures for the government. Some employment contracts stipulate monthly honorarium payable to the value of M20 000 per month. This is against the government policy that states that honorarium should not exceed M5000 payable once on completion of such special assignment.

“Some of the human resources’ expertise deployed at NACOSEC resemble those that already exist within DMA or other ministries of which the Minister has the powers to transfer in case of an emergency. These include finance, procurement, legal and other support staff that NACOSEC is engaging at a cost.

“For example, there was the recruitment of a chief finance officer at the cost of M70 000 per month, medical aid cover and a cellphone allowance of M1500. The chief finance officer could have been transferred from one entity within government to give necessary support without extra expense to the government.

“It therefore remains a concern as to whether the government will achieve its mandatory role to prevent the spread of the virus and protect Basotho across the country and to support the economy and strengthen the health care systems to cope with the pandemic,” the  report titled “Preliminary Report on the Audit of Government Response to Covid-19 Pandemic” said. It was presented to the Minister in the Prime Minister’s Office, Kemiso Mosenene, on 23 September 2020.

The direct inference from the report was that the NACOSEC budget had escalated to M1,5 billion because of the body’s need to pay for its operational expenditures as reported in the Lesotho Times last week.

However, Mr Moqhekoana said this was not the case. He denied that NACOSEC had overshot its budget and wasted money on salaries and allowances for staffers.

“As we speak, we have an approved budget of M698 million set aside for the fight against Covid-19,” Mr Moqhekoana said yesterday.

“The approved budget was intended to cater for all Covid-19 expenses until the end of October 2020. Until end of October, of the approved M698 million by the parliament, the Ministry of Finance released M403, 514, 064 to the Prime Minister’s Office for the Disaster Management Authority.

“However, the money that had been spent by the end of December (2020) is M341, 848, 040.78. This means we are still consuming part of the approved budget of M698 million which was estimated to have lasted the country by end of October. The Office of the Prime Minister belongs to the masses and people were confused at the reports that NACOSEC has already consumed M1, 5 billion. Those reports are untrue because only M403 million has been released to the office of the Prime Minister and it has only used M341 million (of that).

“Allow me to clarify that there are always two components in every disaster project. The first and main component is to ensure that people are nursed back to good health administering medicine and giving them oxygen where there is a need. But there are things that need to be done for the main issues to be addressed. This means we will have to fill up cars with petrol, pay salaries and other office expenses.

“I want to indicate that of the M341, 848, 040.78 which has already been expended, M293, 813, 559.43 was spent to pay for the main component of nursing people back to good health, to pay for quarantine facilities and others. These other things (like) petrol, telephone consumed the remaining balance on the money that has already been expended. This means 86 percent of M341, 848, 040.78 was spent on key issues in the fight against Covid.

“I must indicate that this money is inclusive of paying both permanent and temporary health professionals. This means only 14 percent was used to pay other employees who are not Ministry of Health staffers because there will always be people who will support health professionals. This is also inclusive of petrol, telephone, printing and other expenses,” Mr Moqhekoana said.

On his part, the Principal Secretary for Cabinet Administration, Kabelo Lehora, said the Office of the Prime Minister was not in a position to confirm or deny the findings of the AG.

He said the office was only concerned with the approved budget of M698 million.

“We cannot confirm or deny that budget because we know nothing about it. On the second question of NACOSEC monthly spending on salaries, rentals and stationery, we came here to respond to the overall spending of the approved budget to this day. It is therefore not easy for us to give details of how much each department has used to this date. I believe that the report can be prepared and only submitted by the right people.

“The office of the Prime Minister has its own figures and so does the Lesotho Times. The Office of the AG will issue a report on the matter and we will see who is right,” Mr Lehora said.

On her part, NACOSEC’s chief legal officer, Tlotliso Polaki, attacked the Lesotho Times and this reporter, accusing them of practicing “irresponsible journalism”.

“I want to appeal to you, media practitioners to learn to be responsible. It is not right that NACOSEC is always being unnecessarily attacked over baseless accusations in the media. What people are not aware of is that these people are hellbent on defaming NACOSEC to ensure that the nation does not trust NACOSEC.

“There is no way people can believe the hard work that the NACOSEC is putting in as long as there is irresponsible reporting. It is wrong, it is defamatory and very irresponsible for a journalist to give this kind of report without doing a verification of facts that she has published. We are there to help. We can give you all the answers if you need them.

Adv Polaki later withdrew her statements after this reporter asked her not to shoot the messenger (the reporter and the newspaper) which had only reported on the AG’s document as per duty but instead direct her angst to the Office of the Auditor General itself  which had issued the report, if at all it was incorrect.

The Lesotho Times had only interpreted the report which clearly stated that the budget had escalated to M1,5 billion because of operational expenses which needed to be paid.

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Mohalenyane Phakela

MAJOR General Metsing Lekhanya, who led the 1986 coup against then Prime Minister Leabua Jonathan, died yesterday at the age of 83.

The former army commander who later traded his military fatigues for civilian attire after assuming control of the Basotho National Party (BNP), died ironically on the 35^th anniversary of his coup.

At the time of going to print, it was not clear what had caused his death as there were no official comments from his family, government or the Lesotho Defence Force (LDF). Instead his death was widely reported on social media platforms.

BNP leader and Communications, Science and Technology Minister, Thesele Maseribane, said he would only comment after he had met Maj-Gen Lekhanya’s family.

“I will only be able to talk to you tomorrow after I have met his family,” Chief Maseribane told the Lesotho Times last night.

Born on 7 April 1938 in Mants’onyane, Maj-Gen Lekhanya joined the then Basutoland Mounted Police in 1960.

He later headed the Paramilitary Police Mobile Unit (PMU) platoon when it was formed on the eve of the country’s independence from Britain in 1965. In 1974 he became its commander, assuming the rank of Major General. In 1980 the PMU was renamed the Lesotho Paramilitary Force (LPF) which later became the Lesotho Defence Force (LDF).

In 1986, Maj-Gen Lekhanya seized power from Chief Jonathan and placed Lesotho under military rule. He then became the chairman of both the Military Council and Council of Ministers. Five years later in May 1991, he was also overthrown in a military coup staged by Colonel Elias Ramaema.

He subsequently joined politics at the return of multi-party democracy in 1993. That same year, he contested the Mants’onyane constituency seat under the BNP flag but lost.

He was elected as the party leader in 1999, replacing then leader Retselisitsoe Sekhonyana. In December 2012, Major Gen Lekhanya was ousted as BNP leader through a no confidence vote.

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Limpho Sello

THE National Covid-19 Secretariat (NACOSEC) is intensifying testing and contact tracing for Covid-19 as part of an ambitious 11-day programme to curb the spread of the deadly pandemic in the country.

NACOSEC has also earmarked some hospitals and facilities, including an army base and the Makoanyane Military Hospital, as treatment and isolation facilities for Covid-19 patients.

An additional 400 health professionals have been recruited to boost the human resources capacity to fight the pandemic.

The 11-day campaign, outlined by NACOSEC Risk Communications Manager Baroane Phenethi to the Lesotho Times, comes against the background of soaring Covid-19 infections which stood at a cumulative 7035 infections and 102 deaths as of yesterday.

This represents a worrying increase from 6 371 Covid-19 infections and 93 deaths recorded at the weekend.

Only 1652 patients have fully recovered since the first positive case was recorded on 13 May 2020 while the rest have either died or are still battling the disease.

Matters have not been helped by the government’s decision to allow tens of thousands of Basotho, who live and work in South Africa, back into the country for the just-ended festive season without testing or presenting valid Covid-19 certificates at the various ports of entry.

This could have contributed to the exponential increase in infections which has since prompted Prime Minister Moeketsi Majoro to reimpose a national lockdown closing all ports of entry, banning international travel and restricting inter-district travel except for essential services and other exceptional circumstances.

The lockdown is from 14 to 27 January 2021.

In addition, NACOSEC, which was established by Dr Majoro last June to coordinate the fight against Covid-19, says it has intensified contact tracing and testing as part of the fight against the pandemic.

“The 11-day programme started on 15 January 2021 and is expected to be completed by 25 January 2021,” Mr Phenethi told the Lesotho Times this week.

“The programme involves tracing of contacts of Covid-19 patients and testing them. It is being piloted in four districts, namely, Maseru, Leribe, Berea and Mafeteng. These are the districts with the highest incidences of Covid-19.

“We will be guided in our work by the pillars of surveillance; contact tracing; laboratory testing; case management; infection, prevention and control (IPC) and risk communications.

“What this means is that our surveillance and contact tracing will intensify during this period. Testing is going to increase because we are currently on the ground tracing contacts of all positive cases,” Mr Phenethi said.

He said at the end of the campaign, they would compile a report of their findings which would be made public. He said the report will give a more accurate picture of the Covid-19 situation in the country.

He said they were working to increase the number of treatment centres and isolation facilities for Covid-19 patients to arrest the rising tide of infections and deaths.

Some of the facilities that have been earmarked to serve as treatment centres and isolation facilities, he said, include the 45-bed Lesotho Defence Force (LDF) base at Sehlabeng Sa Thuathe as well as the 50-bed Makoanyane Military Hospital in Maseru.

“Apart from that, we have also increased our human resources capacity by recruiting an additional 400 health professionals and placing them in different parts of the country to deal with the Covid-19 crisis.

“The professionals will boost the numbers at the National Reference Laboratory, hospitals and isolation facilities.

“Patients with mild symptoms and those who are found to be asymptomatic are still advised to take care and self-isolate in their homes in line with public health regulations which forbid travel, public gatherings, prescribe the wearing of masks and the maintenance of social distancing to avoid spreading the disease.

“But as for those with clear symptoms, they will have to be placed in isolation facilities. Some of the places selected for isolation include the LDF base at Sehlabeng Sa Thuathe.

“We are looking at converting some schools into isolation centres and this will only be done after consultations with and feedback from district administrators.”

Mr Phenethi said they had entered into an agreement with Fox Solutions for the supply of oxygen to ensure that the country’s health facilities do not run out of oxygen.

There has been alarm and panic in the country amid revelations of a widespread shortage of oxygen to assist Covid-19 patients with respiratory problems to breathe.

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Pascalinah Kabi

FORMER Lesotho National Development Authority (LNDC) chief executive officer CEO), Mohato Seleke, has been appointed as the new Lesotho Electricity Company (LEC) managing director.

He replaces Leketekete Ketso who had been in charge albeit in an acting capacity.

Mr Seleke’s appointment is with effect from tomorrow. It marks an upturn in his fortunes as it comes barely two months after Trade and Industry Minister, Thabiso Molapo, refused to renew his contract at the LNDC. He had since filed a High Court application seeking the reversal of the minister’s decision.

It is not clear what effect his appointment to the LEC top job will have on his pending court application for reinstatement at the LNDC.

Efforts to obtain his comment were unsuccessful at the time of going to print as his mobile phone rang unanswered. He did not respond to messages sent to his phone.

However, LEC board chairperson, Lejone Mpotjoane, yesterday confirmed Mr Seleke’s appointment saying his mandate was to implement a turn-around strategy to transform the utility body into a “more respectable company”.

“We have concluded the process of recruiting the LEC managing director,” Mr Mpotjoane told the Lesotho Times.

“Ntate Mohato Seleke has been appointed as the new managing director and he is expected to report for work on Friday 22 January 2020. He has signed a five-year contract,” added Mr Mpotjoane.

He said it was public knowledge that the LEC had experienced its “fair share of problems” over the past few years and Mr Seleke was expected to oversee a positive change of fortunes over the next five years.

“Top of the list is for him to ensure that the LEC delivers services in a more efficient and effective manner because the majority of our clients have been moaning about poor service delivery. There are some areas where LEC employees are performing exceptionally well. For instance, our responsiveness in terms of purchasing of electricity is very good.

“But when it comes to issues of power outages, we know that the response is dissatisfactory due to a number of issues, including the technology that has not been improved over time. That needs to be addressed. There is also an issue of applications for new connections which must be responded to timeously because electricity is a necessity.

“Ntate Seleke will also need to ensure that LEC employees are happy to come to work and discharge their mandates efficiently. He will have to ensure they are well paid and attend training to improve their skills. We want employees who are happy to work at the LEC to enable us to successfully implement our new strategic plan,” Mr Mpotjoane said.

He said the image of the LEC had been tainted by reports of corruption in the recruitment of employees as well as the awarding of tenders by the power utility.

“We are therefore looking to strengthen our internal investigations and ethics unit as part of efforts to instill an ethical culture in the company.

“We must get to a point where confidential LEC information is not leaked to the media because we are dealing with professionals who should conduct business in a professional manner. The issue of LEC being the talk of the town for the wrong reasons must be a thing of the past. This is basically what Ntate Seleke is expected to achieve in the next five years,” Mr Mpotjoane said.

In the past three years, the LEC has been rocked by allegations of fraud, theft and corruption.

According to a December 2018 confidential report by South African consultants SNG Grant Thornton, the LCE was owed M110, 1 million by its various unnamed debtors. SNG’s findings have not been made public but the Lesotho Times has seen a copy of the confidential report which was leaked last year.

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.

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 had 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.

Meanwhile, Mr Seleke’s appointment to the LEC post comes barely a month after High Court Judge, Molefi Makara, ordered the processes of appointing his successor at the LNDC to be stopped until his application to have his job back had been finalised.

Mr Seleke on 2 December 2020 filed an urgent High Court application for an order compelling Minister Molapo to renew his contract.

In his court papers, Mr Seleke alleges that Dr Molapo disregarded the LNDC board’s decision to recommend the renewal of his contract by a further three years when it met on 7 September 2020.

He argues that Dr Molapo’s refusal to renew his contract was irrational, arbitrary and done in bad faith.

Dr Molapo; Trade and Industry principal secretary Maile Masoebe; Attorney General Haae Phoofolo; the LNDC board and the LNDC are first to fifth respondents respectively in the application.

Mr Seleke was appointed LNDC CEO on 1 December 2017 by then Trade and Industry Minister, Tefo Mapesela. His contract expired on 30 November 2020 and it was not renewed.

He argued that clause 2 of his contract of employment specifically provides for an option of renewal. He said the LNDC board assessed and evaluated his performance and found it to have been more than satisfactory.  He thus expected his contract to be renewed.

He said he formally submitted his application for renewal to the LNDC board on 18 August 2020

“The (LNDC) board, based on their assessment and evaluation of my performance over the past three years, did consider my request in its meeting of 7 September 2020 and reached a resolution that it be recommended to the Minister (Molapo) that my contract be renewed for a further period of three years,” Mr Seleke states in his court papers.

“Due to the apparent conflict of interest if I sat in the meetings I was always excused from the board’s deliberations when the issue of the renewal of my contract was considered. However, and based on the purported response by the Minister, it is beyond doubt that the Board did advise the Minister to renew my contract of employment based on my more than satisfactory performance and meeting of set targets over my tenure.”

The term of the board which purportedly renewed Mr Seleke’s contract ended in September 2020. The current board was appointed a month later in October, five months after the collapse of the former Prime Minister Thomas Thabane’s administration.

The Thabane government collapsed after the former premier’s All Basotho Convention (ABC) party agreed to form a new coalition with the Democratic Congress (DC).

As per the ABC, DC coalition agreement, each party has the responsibility of filling key positions in any of the institutions falling under the ministries it controls. The LNDC falls under the trade ministry which is controlled by the DC. Mr Seleke is not a DC member but ABC member.

He has now been appointed to head the LEC, an institution which is controlled by the ABC as per the terms of the coalition agreement.

Energy and Meteorology Minister, Mohapi Mohapinyane, is the ABC’s legislator for the Rothe constituency.

Last August, the national executive committees (NECs) of the ABC and DC are said to have rejected a proposal by Prime Minister Moeketsi Majoro to remove the LNDC from the ambit of the Ministry of Trade and Industry and place it under the control of the premier’s own office.

The move was interpreted as an attempt to make it easier for the premier to retain Mr Seleke as the LNDC boss. However, Dr Majoro’s office denied the allegations.

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Ntsebeng Motsoeli

ANYONE who flies in and out of the country in violation of the current ban on international travel will be fined M50 000 or be jailed for three years, Health Minister, Motlatsi Maqelepo, has said.

The fines and jail terms are among new measures published by Mr Maqelepo as the government seeks to clamp down on people who contravene the Covid-19 lockdown regulations.

The measures, gazetted late last week, also contain various fines and jail terms for ordinary people and business owners who violate other Covid-19 lockdown regulations.

They have been introduced in the wake of Prime Minister Moeketsi Majoro’ last Tuesday announcement of a nationwide lockdown to fight the exponential increase in Covid-19 infections and deaths in the country.

Dr Majoro said as part of measures to stem the rising tide of infections, the country would from 14 January 2021 be placed in the red category of restrictions. This means that the country’s borders have now been shut down and cross-border travel is expressly prohibited except for essential services and returning residents. The situation will be reviewed on 27 January 2021, he said.

There are even stricter restrictions on inter and intra-district travel with people expected to observe a curfew from 7pm until 6am.

In the wake of the imposition of the lockdown, Minister Maqelepo published a gazette outlining fines and jail terms including a M50 000 fine and/or a three-year jail term for travelling by air in violation of the current ban on air travel.

According to the regulations, Moshoeshoe I International Airport and all airports shall be closed and travel using commercial and private aircrafts is suspended for the duration of the lockdown.

“A person who contravenes regulation 3(4) (on the ban on air travel) commits an offence and is liable on conviction to a fine not exceeding M50 000 or imprisonment for a period not exceeding three years or both,” the gazette states.

Apart from the ban on air travel, international road travel is also banned as is inter- district travel. The only exceptions are for pressing issues such as travel by people employed in essential services or patients requiring medical services.

Most businesses have also been closed and only essential services such as food stores, health facilities and media houses are allowed to operate during the lockdown.

However, strict health precautions have to be observed with shop managers required to ensure that customers wear masks, are sanitised and maintain physical distancing to reduce the chances of spreading infections.

According to the gazette, an owner, a manager or person in charge of a business who either fails to enforce the safety measures or fails to observe set operating hours and inflates prices of goods “commits an offence and is liable on conviction to a fine not exceeding M10 000 or imprisonment for a period not exceeding two months or both”.

“An owner, a manager or person in charge of a business who sells alcoholic beverages during the lockdown commits an offence and is liable on conviction to a fine not exceeding M20 000 or imprisonment for a period not exceeding two years or both.

“In addition, a business or enterprise which contravenes these regulations shall have its operating licence suspended for the duration of the lockdown.”

Anyone found guilty of hoarding medical supplies to combat Covid-19 is liable to a fine of M20 000 or a two-year jail term or both.

Any individual who spreads false information about Covid-19 is liable to an M5 000 fine or one month in jail or both.

A person who refuses to be screened or tested for the virus can be fined M5000 or be jailed for a month or both.

A person who tests positive for Covid-19 but refuses to be quarantined can be fined up to M20 000 and be sent into compulsory quarantine.

Anyone who presents a fake Covid-19 test certificate and anyone who facilitates the issuance of fake Covid-19 test certificates “commits fraud and may be detained or arrested, subject to the Criminal Evidence and Procedure Act of 1981”.

Anyone who intentionally or maliciously damages a drone that transports Covid-19 specimens is liable to a fine of up to M20 000 or two years’ imprisonment or both.

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