Bereng Mpaki

PENSION funds are now compelled to have at least 30 percent of their assets in Lesotho to prevent capital flight.

This after the Central Bank of Lesotho (CBL) set out to implement a new law supported by the Pensions Act of 2019 and the Pension Funds (Registration and Licensing) Regulations of 2020.

THE Central Bank of Lesotho (CBL) is implementing a new legal requirement for pension funds to invest a minimum of 30 percent of their assets locally.

The new law is also aimed at protecting the local economy while formalising the previously largely unregulated industry.

In the past, pension fund players including the state-owned, Public Officers Defined Contribution Pension Fund (PODCPF) were free to invest the majority of their funds under their management outside the country.

In 2018, the PODCPF revealed that out of M5, 7 billion worth of assets under its management, only five percent were invested locally.

The new requirement means that the PODCFP must now invest at least M1, 8 billion of its assets locally.

“The bank is implementing the Pension Funds Regulations of 2020 to operationalise the Pensions Act of 2019,” the CBL said in an interview with the Lesotho Times.

“The Pensions Act is aimed at regulating the pensions and securities industry to protect the interests of members of pension funds, and to improve the economy by compelling pension funds to invest a certain portion of their assets in Lesotho.

“Section 8 (1) (c) of the Pension Funds Act, 2019 compels pension funds to be registered in Lesotho and prohibits repatriation of contributions to pension funds not registered in Lesotho. The law prescribes at least 30 percent of pension fund assets to be invested in the country.”

The lack of regulation prior to the enactment of the Pensions Act exposed pension funds’ members to the risk of incurring losses of their fund and assets invested outside the CBL’s jurisdiction.

“This was an unregulated industry which could have a negative impact on the overall economy if allowed to continue operating in an unregulated space. As such, the pension funds industry players adopted good practices from other jurisdictions.”

The bank noted, however, that there were inadequate investment opportunities to absorb all local pension funds’ assets.

“There are not enough investable instruments to absorb all pension funds’ assets and this can lead to high concentration risk which could affect fund members negatively. As a remedial action, increase in investable instruments is recommended.”

Some financial reforms should therefore, be introduced to improve the situation.

“The government has increased the frequency and size of its securities to avail more instruments for institutional investors such as pension funds. In addition to the Companies Act of 2011, Capital Markets Regulations of 2014 have also been promulgated. The Capital Markets Regulations of 2014, among others, provide for issuance of public securities and disclosure obligations. They also provide for an establishment of a stock exchange for listing of corporate securities.”

The bank said pension fund industry players were given until end of March 2021 to comply with the new legal requirements. The CBL has since urged members of the public to cease doing business with pension funds, pension fund administrators and intermediaries that are not registered or licensed by it.

The Pensions Act says anyone who fails to comply with its provisions may be liable to a fine by the CBL.

Meanwhile, the bank said part of the changes brought by the new laws include compelling pension funds to appoint local principal officers, which means empowerment and creation of employment for Basotho.

The PODCPF last month named former CBL head of market risk, ‘Mamotlohi Mochebelele, its new principal officer.

The post CBL tackles capital flight appeared first on Lesotho Times.

Bereng Mpaki

TELECOMMUNICATIONS giant, Vodacom Lesotho, this week opened a digital library for the visually-impaired in Maseru.

Dubbed the Vodacom Insight Centre, the library is housed in the State Library.

The centre is expected to provide access to specialised services, books, and materials in appropriate media for visually impaired persons.

“Vodacom Lesotho through its charitable arm, Vodacom Lesotho Foundation, today announced the official opening of Vodacom Insight Center, a library for the blind and visually impaired persons,” Vodacom said in a statement this week.

“Situated at the State Library, the centre will enable equal access and inclusion by providing visually impaired persons with specialised services, books and materials in appropriate media.”

The digital library will harness Vodacom’s 4G technology to bring world class equipment that caters for the special needs of the visually impaired.

“Supported by Vodacom’s 4G technology, the digital library hosts the latest innovation and technology with functionalities including  but are not limited to:  a world-leading braille translator that supports more than 170 languages in either contracted on uncontracted braille; a high volume production braille printer; a self-contained motion-activated reading device that instantly reads from any book or printed material; and a rechargeable digital talking book reader which enables visually impaired people or those with print disabilities to read digital documents on memory cards or memory sticks.”

Vodacom Lesotho managing director, Mohale Ralebitso, said they were committed to harnessing the power of technology to address social challenges and ensure that they leave no one behind.

“At the heart of the Vodacom Foundation Insight Centre is a focus on accessibility. We are excited to launch this project as part of our CSI initiatives to help improve the lives of visually impaired people through the use of technology. As a purpose-led corporate citizen, we have committed to harnessing the power of technology to address social challenges and ensure that we leave no one behind; and the opening of this digital library is a testament to that commitment.”

On his part, the chairperson of the Vodacom Lesotho Foundation’s Board of Trustees, John Matlosa, said the foundation was mandated to invest in critical areas of development, in line with the government’s national strategic development plan and the United Nations Sustainable Development Goals (SDG’s).

“This programme is in line with Sustainable Development Goal 4 to ‘ensuring inclusive and equitable quality education and promoting lifelong learning opportunities’ and we are only happy to contribute to the provision of equal access and inclusion to the blind and visually impaired persons through the creation of enabling environment for them to access information,” Mr Matlosa said.

He added that the foundation sought to fulfill the promise to read for the visually impaired and other print-disabled people by advocating for the implementation of the changes required by the Marrakesh Treaty to which Lesotho is a signatory.

“The Marrakesh Treaty is mandated to facilitate access to published works for persons who are blind or otherwise print-disabled through the improvement of access to knowledge for print-disabled people by giving organisations like libraries the right to reproduce printed works in accessible formats such as Braille, audio, large print, and digital formats, and to exchange these works across national borders.”

Established in 2009, Vodacom Lesotho Foundation invests in critical areas of development, in line with the government’s national strategic development plan. Since 2009, the foundation has invested over M100 million in health, education, social welfare, gender equity and women empowerment, youth empowerment, sports and cultural development.

The foundation, in partnership with Vodafone Foundation, has committed to investing a further M120 million in Lesotho over the next five years. The investment will be channeled to entrepreneurship and economic development, education and health.

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Bereng Mpaki

THE Lesotho Electricity Company (LEC) is failing to adhere to International Financial Reporting Standards (IFRS), acting Auditor General (AG), Monica Besetsa has said.

Among other things, the LEC is calculating its revenue using only sold tokens instead of consumed electricity units, Ms Besetsa said.

The acting AG said this in her report on the consolidated government financial statements for the 2019/20 financial year.

The AG said this method of calculating revenue gives an inaccurate position of the company’s revenue figures.

“I have issued an adverse opinion on the LEC due to the following; revenue was recognised on the sale of electricity tokens instead of consumption of electricity units,” Ms Besetsa said in the report.

“That was against the IFRS 15, which amongst other requirements for revenue recognition, states that an entity should recognise revenue over time if the customer simultaneously receives and consumes all of the benefits provided by the entity as the entity performs. The financial statements were materially misstated due to the inaccurate recognition of electricity sales.”

The transactions and balances relating to a Southern Africa Power Pool (SAPP) were not incorporated in the current and prior financial statements, Ms Besetsa said. The said account had a balance of M93 124 188 according to its bank statement.

“Therefore, I was unable to determine the correctness and appropriate disclosure of the transactions relating to the operations of this bank account both in the current and prior financial statements.

It could not be determined whether or not the company’s accounts receivable were accurate and existed. There was also no provision for bad and doubtful debts against accounts receivables which amounted to a departure from IFRS.

“Included in the financial statements was electricity debtors, balance of M154 290 835. The debtors listing however, showed a balance of M169 405 696 resulting in an unreconciled variance of M15 144 861.

“…I was not provided with the age analysis for trade debtors’ balance of M54 638 770. Therefore, I was unable to determine recoverability and provision for doubtful debts required to provide valuation of the accounts receivable.”

The LEC also failed to disclose the physical location of items of non-current assets such as land and buildings of the company in its asset register. It also did not avail the tittle deeds and sub-lease agreements for audit verification on items of land and property.

“Therefore, sufficient and appropriate audit evidence to confirm existence and ownership of land and building stated at M41 643 074 were not provided. Consequently, I was unable to ascertain existence, ownership and completeness of the related balances on land and buildings reported in the financial statements.

“In the previous year the company capitalised M88 million from the Lesotho Electricity Supply Project assets apparently received as a grant. I was not provided with satisfactory documentation that transfer ownership of these assets. Accordingly, I could not independently confirm that the company was the rightful owner of the assets,” Ms Besetsa said.

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’Marafaele Mohloboli

PARLIAMENT’S economic and development cluster committee has withdrawn the Report on the Tobacco and Alcohol Products Levy Bill 2020.

The committee’s chairperson, Mahooana Khati, said the withdrawal is to enable them to incorporate new submissions into the report. Mr Khati did not say who had made the new submissions or what they intended to achieve.

The report was initially tabled in parliament last month. It recommended the gradual implementation of a 30 percent levy for tobacco and a 15 percent levy for alcohol over five years.

This is despite a huge outcry by players in the alcohol and tobacco industries who say the levies will not only make their products expensive but will also promote a black market as well.

“It is no longer my intention to move the motion on this report,” Mr Khati told fellow legislators this week.

“I therefore beg your indulgence to withdraw the report. This is because we have received new submissions of paramount importance to the Bill which we think should be incorporated,” added the Moyeni legislator.

The Bill was first tabled in March 2020 by then Finance Minister, Moeketsi Majoro.

At the time, Dr Majoro, who is now prime minister, said the ‘sin taxes’ would boost government revenues by at least M200 million annually.

His sentiments were not shared by players in the alcohol and tobacco industry. Among those who opposed the levies were Maluti Mountain Brewery (MMB) who said they would be detrimental to the country as hundreds of jobs could be lost.

MMB said the government would instead lose dividends and tax revenue as an increase in alcohol prices would mean a sharp reduction in sales volumes and an increase in the smuggling of beverages from neighbouring South Africa.

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Nthatuoa Koeshe

DEPUTY Prime Minister Mathibeli Mokhothu has purchased M30 000 worth of assorted goods from street vendors in Leribe and Mafeteng as part of his Democratic Congress (DC) party’s initiative to empower informal traders around the country.

The goods, which included prepared meals, fruits and vegetables, were purchased during Mr Mokhothu’s whirlwind weekend tour of the two districts. They were subsequently donated to 50 vulnerable senior citizens in the two districts.

Addressing DC supporters in Kolo, Mafeteng, Mr Mokhothu said his party was committed to empowering vendors and improving the lives of ordinary people under its Rata-oa-Heno (love your community) programme.

“The DC has programmes to address the numerous challenges that Basotho go through,” Mr Mokhothu said.

“Because we care about informal traders and we want to see their businesses grow, the DC purchased various goods from them worth M30 000 and we have donated the items to the elderly.

“We do not just buy from informal traders; we also help those whose businesses need a boost. To this end, we purchased stock for several vendors amounting to M3000 each.”

He said his party had adopted a non-partisan approach and did not consider the political affiliation of the vendors and people they assisted.

The DC is the second biggest party in the All Basotho Convention (ABC)-led governing coalition. Mr Mokhothu said his party would turn its programmes into actionable government policies if it won next year’s elections.

He said other programmes included the DC Child campaign aimed at empowering young women and girls. Under this programme, some of the young women and girls will receive training to fulfil their dreams to enter the male-dominated aviation industry. Others would be enrolled in a driving school to enable them to become licensed drivers.

The DC also donated money, blankets and gumboots to herd boys and other community members in the two districts.

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Herbert Moyo

AT least four out of the country’s 10 districts, including Maseru, are currently experiencing a “food crisis” due to the depletion of grain from the 2020/21 harvest. The crisis is expected to continue until April 2022 when most households begin harvesting grain from their subsistence farming activities. Until then, most families will be heavily dependent on food aid to prevent outright starvation.

This according to the October 2021 Lesotho Remote Monitoring Report produced by the Famine Early Warning Systems Network (FEWS NET).

FEWS NET is a leading provider of early warning and analysis on food insecurity. Created by the United States Agency for International Development (USAID) in 1985 to help decision-makers plan for humanitarian crises, FEWS NET provides reports on the food situation in 28 countries including Lesotho.

FEWS NET uses the Integrated Phase Classification (IPC) system which has different categories for the classification of the food security situation in different countries.

Countries in IPC Phase 1 are those with minimal food insecurity while those in IPC Phase 2 are said to be in a “stressed” situation. Those in IPC Phase 3 are in a “crisis” while those in Phase 4 are experiencing a “famine”.

In its October 2021 report on the food situation in Lesotho published this week, FEWS NET said “Crisis (IPC Phase 3) outcomes emerge and are expected to persist during the 2021/22 lean season” in some parts of Lesotho.

It names Maseru, Mafeteng, Quthing and Qacha’s Nek as the districts which have been worst affected by the depletion of food stocks from the 2020/21 season. The situation is slightly better in other districts as they are in the “stressed” IPC Phase 2 category, the report states.

FEWS NET says the current anomalies being experienced in the crisis-hit districts are “the depletion of own-produced foods and the increased reliance on purchased food”.

“Crisis (IPC Phase 3) outcomes are expected from October through to the next harvest expected in April/May. With the (next) harvest beginning in April 2022, food security is expected to improve with households consuming food from their own production,” FEWS NET states.

The report indicates that unlike in previous years, the current food crisis has been compounded by the high prices for maize meal which are beyond the reach of vulnerable households.

“As of September 2021, maize meal prices in Maseru were 10 percent higher than the same time last year and nearly 20 percent above the five-year average. The current increases are due to the price transmission from the high maize prices in South Africa.”

The negative impact of the Covid-19 pandemic has been cited as another factor compounding the food crisis.

In previous years, many Basotho families would cushion themselves by migrating across the border into South Africa to seek casual jobs to augment their incomes and purchase food.

However, the report notes that due to Covid-19 induced restrictions on cross-border travel at different periods this year, such opportunities for casual labour have generally been limited.

“Non-agricultural casual and migrant employment opportunities are below normal. There will be prolonged high levels of unemployment in Lesotho and South Africa due to the economic slowdown associated with the Covid-19 pandemic,” the report states.

Although the situation is expected to improve when the next harvest begins in April 2022, FEWS NET warns that planting will be negatively affected by the high costs of inputs.

“Land preparation activities for the 2021/22 agricultural season are underway and will continue through December (2021). As rainfall is expected to be above average between October 2021 to March 2022, this is expected to facilitate household engagement in the planting season.

“However, this year, significant increases in international prices for fertilisers, herbicides, and insecticides will restrict engagement in planting. Covid-19 related movement restrictions at the border will prohibit farmers from crossing into South Africa, where poor households typically source cheaper inputs,” the report states.

It remains to be seen how much food assistance the government will be able to mobilise from international development partners.

Last month, the World Food Programme (WFP) said it had secured US$2 million to assist 44 000 Basotho who were experiencing food shortages in Mokhotlong, Thaba Tseka, Maseru and Qacha’s Nek.

The German government and the European Civil Protection and Humanitarian Aid Operations (ECHO) each contributed US$1 million to enable the WFP to launch the lean season assistance programme for the food insecure households in the four districts from October 2021 to March 2022.

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Pascalinah Kabi

THE Directorate on Corruption and Economic Offences (DCEO) has obtained a preservation order allowing it to seize the assets of seven fraud and money laundering suspects.

The charges against the seven are in connection with the M49 million which is said to have disappeared from government coffers in recent months.

The order was granted on Tuesday by High Court judge Fumane Khabo. This after the anti-graft body had argued that the seven suspects had used the proceeds of their alleged crimes to purchase movable and immovable properties to conceal the money’s origin.

The DCEO further argued that its investigations indicated that the money was laundered to various accounts at the First National Bank in South Africa.

The seven suspects are Lehlohonolo Selate, Ntseliseng Lawrence, Mookho Rafono, Tlali Mokoaleli, Thithili Makhesi, Thabang Nkoe and Hlabathe Phafoli.

According to the charge sheet, the seven defrauded the government of M49 497 972, 72 “by purporting to pay for services rendered to the government whereas it was for their own personal gain”.

“Upon or about the period between October 2020 and September 2021 in the Maseru district, the said accused persons did unlawfully and with the intent to defraud, misrepresent to the Central Bank of Lesotho and the Ministry of Finance.

“The Ministry of Finance had authorised the transfer of M49 497 972,72 from the expenditure account to different companies’ accounts held by Nivana Holdings Pty Ltd, Traggulogy Pty Ltd, Stone Curlew Holdings Pty Ltd, Sunny Penny Pty Ltd, Victorious General Dealer, Moletsima General Dealer, Hazel Nuts General Dealer and Plexus Suppliers Pty Ltd.

“The accused were not the proper and lawful beneficiaries to the said funds and they knew at all material times that they had made representations which were false. By means of the said misrepresentation, the accused persons prejudiced the parties (government and rightful beneficiaries) to the amount of M49 497 972, 72.

“Therefore, the accused persons are guilty of the crimes of fraud and money laundering,” the charge sheet states. The suspects’ trial is before is before Maseru Magistrate Thamae Thamae.

On Tuesday, the DCEO successfully applied to the High Court for a preservation order to seize various assets belonging to the suspects.

“The matter involves almost M50 million belonging to the government of Lesotho which was fraudulently obtained by Lehlohonolo Selate, Bokang Manaka and others. They were assisted by officials in the Ministry of Finance’s Treasury Department, namely Phafoli, Nkoe, to commit a money laundering scheme by using different companies as fronts or shells.

“Having received the monies, they transferred the monies into various accounts which were reported as suspicious and they purchased movable and immovable property to conceal and or disguise the true nature and origin of the monies.

“Investigations further reveal that the said fraudulent payments were transferred to various accounts at the First National Bank in South Africa. The accounts belong to South Africa companies namely, Sunny Penny (Pty) Ltd, Nivana Holding (Pty) Ltd, Traggulogy (Pty) Ltd and Stone Curlew Holdings (Pty) Ltd. They also transferred some of the monies to accounts at Standard Lesotho Bank belonging to Lesotho businesses, namely Plexus (Pty) Ltd, Moletsane General Dealer and Hazel Nut General dealer

“The purpose of the preservation order is to freeze the properties pending the outcome of an application for a forfeiture order in terms of section 97 of the Money Laundering and Proceeds of Crime Act (MLPCA),” the DCEO stated in its application.

The seized assets include M200 000 cash held at Boliba Savings and Credit by Ms Lawrence; M179 086 held at Standard Lesotho Bank by lawyer, Rethabile Setlojoane; M100 000 held at Standard Lesotho Bank belonging to Plexus Suppliers; M50 000 held at Nedbank Lesotho by Thabo Matlali; M43 000 held at Standard Lesotho Bank by Montessori International School and M40 000 held at FNB Lesotho by Mojalefa Rafono.

Other seized assets are a Hyundai Station Wagon vehicle, a VW Polo, a 2004 Honda Elysion, a 2006 Honda Elysion, an Audio A7 Quadro S Line, an Audi A4 Hatchback, an OPPO Mobile phone, an iPad 32G and immovable property situated at Thetsane.

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Limpho Sello

POLITICAL parties are divided over the government decision requiring them to demand Covid-19 passports from everyone who attends their rallies.

The ruling All Basotho Convention (ABC) is among the parties that believe the decision can only be enforced when the rallies are held in halls and other closed buildings. However, it would be unenforceable where the rallies are held in open spaces where the crowds cannot be controlled, the ABC argues.

The ABC position is at odds with that of its Democratic Congress (DC) governing ally which says it stands ready to implement the decision.

The DC says it has ushers and other officials on standby to ensure that everyone who attends its rallies presents vaccination certificates.

The requirement came into effect on Monday. This followed Deputy Prime Minister Mathibeli Mokhothu’s televised Sunday address wherein he reminded the nation of the government’s decision to begin demanding Covid-19 passports to access certain services.

Other services that will only be accessed on production of the passports are sporting activities, night clubs, gymnasiums and recreational parks. It is incumbent upon the organisers of the events to ensure compliance with the Covid-19 passport requirements at their functions or risk prosecution.

Following the announcement, DC spokesperson, Serialong Qoo, said they were ready to comply. He said the party’s constituency and branch committees had been tasked with ensuring compliance with the requirements wherever a rally was going to be held.

“Only vaccinated people will be allowed to attend our rallies,” Mr Qoo said in an interview with the Lesotho Times this week.

“Our members will have to come to the rallies well prepared with the vaccination certificates. We will be having ushers who will be tasked with checking for Covid-19 passports among other things.

“The ushers will be at every corner to ensure that they can check for the certificates from everyone at our rallies even if these are held in open spaces.

“We are also planning on engaging the National Covid-19 Secretariat (NACOSEC) to establish vaccination points at our rallies to allow people who have not vaccinated to get jabbed and thus be allowed to join other supporters,” Mr Qoo added.

However, the ABC is not at all pleased with the requirements.

ABC spokesperson, Montoeli Masoetsa, said it was not practical to enforce the regulation whenever they hold open air rallies.

“The regulations can only be implemented when we hold rallies in halls and other closed places but this will not be possible when we hold them in open spaces,” Mr Masoetsa said.

“It is possible to demand the passports at sporting venues because the spectators have to pass through entrance gates. But it is impossible for us to demand the vaccination certificates at our open-air rallies,” he said.

He however, said they encouraged people to heed the government’s call to be vaccinated to avoid contracting severe symptoms and even dying in the event of infection by the deadly virus.

“It is up to an individual to decide whether to join the clowns who do not want to get vaccinated. These are people who choose to get hospitalised or die of Covid-19.

“But I do not see us taking the time to look for vaccination certificates at our rallies. Seriously, I do not think anyone can take their time to inspect who has the certificates and who doesn’t,” Mr Masoetsa said.

Opposition Alliance of Democrats (AD) spokesperson, Thuso Litjobo, expressed similar sentiments.

“These governing parties introduce regulations which they cannot even comply with themselves. We will do our best to ensure our members produce the vaccination certificates but it remains to be seen how that will be achieved when it comes to rallies held in open spaces,” Mr Litjobo said.

He said although the government had good intentions to save lives, the move to demand the Covid-19 passports at this point in time when less than half of the eligible 1, 5 million people had been jabbed was premature.

He said his party had also established that some people had still not received their certificates three months after being jabbed.

“We have to ensure that there are enough vaccines for the entire population. We also have to ensure that everyone who has been jabbed gets their vaccination card.

“That is why we are saying that although this is an important decision by the government to demand the vaccination certificates, the implementation came too early,” Mr Litjobo said.

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Mohalenyane Phakela

NATIONAL Independent Party (NIP) leader, Kimetso Mathaba, is working on a constitutional amendment bill to suspend the delimitation of constituencies until after next year’s elections. The polls are due any time after September 2022.

The bill seeks to amend section 67 of the constitution which empowers the Independent Electoral Commission (IEC) to delimit constituencies every 10 years.

The drafting of the bill comes barely two months after NIP and other congress parties, including the Democratic Congress (DC), sharply opposed their governing coalition allies, including the All Basotho Convention (ABC), who had proposed that the IEC proceeds with the delimitation of constituencies ahead of next year’s elections.

At that September 2021 meeting of the political parties and the IEC, the congress parties even threatened to go to court if the IEC proceeded with the delimitation exercise which it had begun in 2018.

Although the IEC is constitutionally mandated to delineate constituencies, the congress parties demanded that the electoral body leaves the exercise in the hands of the National Reforms Authority (NRA) which is currently seized with work aimed at implementing constitutional and other reforms seen as crucial to achieving lasting peace and stability in Lesotho. They argued that the delimitation should not go ahead on the basis of the 2016 national census which they said was now outdated.

In his draft bill seen this week by the Lesotho Times this week, Mr Mathaba states that it would be prejudicial to continue with the delimitation of constituencies because the country is reeling from the impact of the Covid-19 pandemic and it is seized with the national reforms process.

“The Bill proposes to empower the Constituency Delimitation Commission to postpone or suspend the review of the constituencies until such time after the elections as the Commission may consider necessary or appropriate, taking into consideration that the constitutional reforms process which is going to address such matters is underway, and Lesotho is currently in a state of natural disaster and emergency which is thread to human health and life due to heavy rainfalls and the Covid-19 pandemic,” Mr Mathaba states in the Statement of objectives and reasons of the tenth constitutional amendment Bill.

“According to the Bill, the Commission also has the power to suspend such a review if the census of the population is delayed or there is a likelihood that the results of the census of the population results are unreliable.”

The Bill also seeks to empower the commission to suspend the delimitation “if there is a public emergency or if it is in the national interest” to do so.

The congress parties’ position on the delimitation exercise is at odds with that of the ABC, the biggest party in the governing coalition. The ABC, its traditional Basotho National Party (BNP) ally and the opposition Nqosa Mahao-led Basotho Action Party (BAP) want the IEC to conclude outstanding activities such as the delimitation of constituencies and the cleaning up of the voters’ roll.

The preliminary delimitation exercise was conducted in 2018 under the previous IEC commissioners, Mahapela Lehohla, ‘Mamosebi Pholo and Makase Nyaphisi whose tenure expired in January 2019.

Their successors, Mphasa Mokhochane, Karabo Mokobocho and Tšoeu Petlane, were appointed in November 2020.

The next step would have been the issuance of a gazette inviting the parties and the public to comment on the proposed new constituencies.

This was belatedly done on 24 September 2021 when the IEC’s acting Director of Elections, Lehlohonolo Suping, issued the gazette inviting the political parties to make representations on the proposed constituencies.

The IEC proposed to reduce the number of rural constituencies and create more urban ones because of migration. However, the congress parties opposed the proposals amid indications that they fear they will lose next year’s elections if the rural constituencies they consider to be their strongholds are reduced.

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Bereng Mpaki

THE government was forced to reimburse some donations to international vaccine alliance, Gavi, because of weak internal protocols and ineffective management processes, acting Auditor General (AG), Monica Besetsa, has said.

So poor are the management systems that some vaccines expired while they were still in the shelf before being dispensed because health workers haphazardly used their inventory.

This and other unsupported expenses in different vaccination programmes cost the government US$333 901 (about M 5, 2 million) in reimbursements to Gavi.

Based in Geneva, Switzerland, Gavi focuses its support on low-income countries, with eligibility based on the country’s national income. Countries become eligible for Gavi support if their average gross national income (GNI) per capita has been less than or equal to US$1580 (about M 24 402) over the past three years as determined annually by the World Bank.

From 2002 to 2017, the total cash and vaccine support provided by Gavi to Lesotho amounted to US$ 7 547 630 (about M116, 6 million). The total cash grant for health systems strengthening was US$2 055 710 (M31, 7 million) while the total value of vaccines was US$5 491 920 (M84, 7 million).

However, Ms Besetsa said the donations were grossly mishandled by the Health ministry to the extent that Gavi demanded reimbursements.

“I have noted from the report on the programme audit of support to the Ministry of Health about the dissatisfaction of Gavi on inadequate internal controls and processes and ineffective vaccine management, which called for the government to reimburse some funds to Gavi,” Ms Besetsa said.

She established that there were weaknesses in the internal processes including that the oversight and governance mechanisms in the Health ministry did not provide adequate assurance or stewardship over Gavi’s support to the immunisation programme.

Due to understaffing of the national immunisation team, Gavi-supported activities were not adequately implemented, monitored or managed, she said.

“The budgetary financial management and internal controls were ineffective, resulting in budget overruns and expenditures being incurred without ensuring availability of sufficient funds. Not all expenditures were evidenced with adequate supporting documents.”

She said the vaccine management was unsatisfactory so much that “a significant amount of measles Rubella vaccine shelf-expired, and other vaccines were effectively written-off in the records in 2016 and 2017 without adequate explanation”.

“The forecasting and logistics were ineffective in managing the vaccines appropriately; record keeping for vaccines was inadequate, notably 32 146 doses of Gavi-supported vaccines were unaccounted for (9166 in 2016 and 22 980 in 2017).”

There was also weak vaccine management, including failure to adhere to the “earliest-expiry-first-out” principles, she said.

“Gavi therefore, requested the Ministry of Health to reimburse a total amount of USD333 901, which constituted unsupported and ineligible expenditure. The Ministry of Health has reported that the reimbursement was not made, as there was a reallocation of M3 million per directive of the Ministry of Finance leaving a balance of M2 million which was not enough to cover the due amount of US$333 901 equivalent of M4 923 790 at that time.

“The Ministry of Health should have treated this issue as a matter of urgency to secure future assistance and to protect the image of the government,” Ms Besetsa said.

The post Poor Health ministry systems cost govt appeared first on Lesotho Times.

Bereng Mpaki

THE Home Affairs Ministry lost M5 million in potential revenue which it could have collected from November 2018 to July 2020 had it not outsourced the residence permit application function to a third party.

Acting Auditor General, Monica Besetsa, said this in her report for the government’s consolidated financial statements for the 2019/20 financial year.

Ms Besetsa said the ministry engaged the third party, Atlantic Hi Tech (PTY) LTD on a five-year contract in 2018 without any authority to do so.

The ministry also contracted another third party, a United States (US) based, Computer Frontiers INC to process Visa applications without authorisation. The company was given a 10-year contract from 2017 but it failed to remit M3 million revenue collected until the 2018/19 financial year.

“The audit established that the Ministry of Home Affairs outsourced the functions of application for residence permits and issuance of visas in the Department of Immigration,” Ms Besetsa said.

“I was not provided with any authority granting the ministry to outsource its functions and the absence of such authority led to the following irregularities:

“Issuance of residence permits was outsourced to Atlantic Hi Tech (PTY) LTD for a five-year contract from 9 November 2018.”

The contractual services to be provided by the company included the establishment of a data enrolment centre, computer networking, residence permit registration, registration and tracking of global and in-country enrolment programmes, collection of biometric and demographic information for development of a secure data base on registration of non-citizens, monitoring of such non-citizens residence; and management of issuance of residence permits.

“According to the contract, Atlantic Hi Tech was supposed to provide the services at no charge to the Ministry of Home Affairs, but to recover its costs through application fees which was M2800 per applicant. The permit fees were to be paid to the Ministry of Home Affairs.

“The application fee of M2800 was contrary to the legalised fee of M1500 stipulated in the Aliens Control (Amendment of Schedule) Regulations, 2017.

“Since November 2018 to July 2020, the company has processed 3334 applications and therefore collected the amount of M9 335 200. If the function was not outsourced, the ministry would have collected revenue totalling M5 001 000 for those applications processed.

“The government has lost M9 335 200 on revenues due to this arrangement of outsourcing the functions and also taking into consideration that there were officers within the ministry who were getting salaries but not performing functions of processing applications fees. Management was advised to reconsider the contract agreement as it does not comply with regulations and also to avoid unnecessary loss of revenue,” Ms Besetsa said.

The ministry also lost M3 053 000 which was supposed to have been remitted by Computer Frontiers from 1 February 2017 for visa applications,

“According to the terms of contract (between the Home Affairs Ministry and Computer Frontiers) the company would take a service charge of US$50 for each visa application and remit to the Ministry of Home Affairs the collection of application fees of US$140 for ordinary visas and US$200 for emergency visas, every 10 days.

“The arrangement was that the collected money should be deposited into the ministry’s account held with the Central Bank of Lesotho (CBL) but that was not done at all. This company failed to remit the total amount of M3,053,000 comprising of M306 000 for 2017/18 and M2 747 000 for 2018/19 collected from application fee for ordinary and emergency visas.”

The ministry also failed to submit returns of arrears of revenue to the principal secretary for Finance with a copy to Accountant General and Auditor-General, contrary to the requirements of Section 51 of the Treasury Regulations, 2014, the regulations require accounting officers to render, within one month of the end of the financial year, a return showing all amounts which remained uncollected at the end of the previous financial year, excluding bills raised in March.

Ms Besetsa said the ministry also failed to adhere to financial management procedures with regards to the handling of funds in an e-visa collection account held with the First National Bank (FNB) Lesotho. The account was opened on 24 July 2018.

One of the requirements of this account was that, revenue collected should be swept every two weeks to the ministry’s revenue account held with the CBL, she said.

“The requirement was however, not complied with as revenue totalling M5 276 211 collected from 3505 and 3897 visas in 2017/18 and 2018/19 respectively was still not transferred to the revenue account at the time of audit in July 2020. A recommendation was made that such revenue should be transferred to the Revenue Account as required to avoid misuse of funds.” Ms Besetsa said.

The post Home Affairs losing revenue – AG appeared first on Lesotho Times.

Staff Reporter

MUSIC duo, Hlabaki and Tefo yesterday walked away M80 000 richer after bagging the first prize in the ECONET Telecomm Lesotho (ETL’s) Theme Song Competition.

The artistes beat nine other contestants to the grand prize.

Trio, NSL, scooped the second prize and took home M40 000. In third place was solo artiste, Rethabile ‘Nai, who pocketed M10 000.

Each of the top three winners walked away with a Samsung Galaxy A02 Smartphone. They will each get 40GB Econet data monthly for a year.

The Econet Theme Song Competition was launched in September this year to identify local talent while producing a melody for the company.

Econet acting marketing and brand communications manager, Lipalesa Mpemi, said the competition was meant to identify musical talent while celebrating Econet and its products.

“Lesotho has got talent, the selection of the top 10 winners was not easy due the vast number of entries we received,” Ms Mpemi said.

“However, our judges took their time to listen and carefully analyse all the submissions to select the top 10 winning songs.

“We are grateful to have introduced such an eye-opening competition instead of asking an established artiste to record a theme song as we have been doing in the past.

“As we all know, Covid-19 came unexpectedly and affected us in our respective fields – some more than others, like the entertainment industry. We were basically forced to adapt to a whole new way of living which we are all still trying to grasp. On our part, we thought it was high time to engage local talent.”

Ms Mpeni also thanked the public for their participation in the competition.

“A special thank you to our customers and all the people who voted when the videos were posted on Econet social media pages,” Ms Mpemi said.

The Econet Theme Song competition was open to upcoming musicians who are Lesotho citizens and have not recorded before.

It drew participants from all genres including amapiano and kwaito. Over 200 artistes entered the competition.

Econet engaged a panel of independent music industry judges to select winners.

The judges included DJ and producer, Sechaba SirSchaba Mokoqo; award-winning gospel musician, Mookho Moqhali and media personality, Dallas T.

The selection was based on the artistes’ tone, clarity, resonance and focus, intonation, rhythm, technique, interpretation and creative inclusion of Econet products.

The ultimate winners were selected by the public through Econet’s social media pages and Econet staff over three weeks.

The post Duo pockets M80k in Econet theme song competition appeared first on Lesotho Times.

. . . ordered to reverse DCP Lebajoa and others’ promotions

Mohalenyane Phakela

POLICE Commissioner, Holomo Molibeli, has been spared jail time. He has however, been ordered to reverse the 2018 promotions of Deputy Commissioner of Police (DCP), Beleme Lebajoa, and 170 other police officers.

This after the High Court threw out a contempt of court application which had been filed against him by the Lesotho Police Staff Association (LEPOSA).

The police union had petitioned the court to find Commissioner Molibeli guilty of contempt of court for his failure to reverse the 2018 police promotions which were nullified by Judge Molefi Makara in June this year.

However, the same judge spared the police boss’ blushes on Tuesday. Justice Makara ruled that although Commissioner Molibeli was wrong for failing to reverse the promotions, he ought to be given the benefit of doubt in the matter because he had been ill-advised by the force’s legal department.

The judge blasted the police’s legal department for being unprofessional and expressed doubts about its integrity.

Justice Molefi Makara had on 17 June 2021 issued two orders reversing the April 2020 promotions of the 171 police officers. The first order reversed promotions of 44 senior officers while the other one nullified the 127 promotions of junior officers.

This after LEPOSA had on 27 and 30 April 2020 filed two applications, challenging the aforementioned promotions.

These included the promotion of DCP Lebajoa.

DCP Lebajoa was in 2018 promoted to the rank of Assistant Commissioner of Police (ACP). He had been an Inspector. He skipped the ranks of Senior Inspector, Superintendent and Senior Superintendent. His 2018 promotion was challenged by LEPOSA. While the matter was pending before the now retired Justice Semapo Peete, he was again promoted to Senior Assistant Commissioner of Police (SACP) in 2020.

In June this year, Commissioner Molibeli again promoted him to DCP and this prompted LEPOSA to go back to court to challenge his and other promotions.

On 17 June 2021, Justice Makara nullified the promotions on grounds that Commissioner Molibeli had effected them in violation of the laws that govern the police service. These are the Police Service Act of 1998 and the Lesotho Mounted Police Service (Administration) Regulations of 2003.

The net effect of the ruling was that the affected police officers had to go back to the ranks they held before the promotions. They also had to pay back the extra monies they had earned as a result of the illegal promotions.

However, Commissioner Molibeli failed to reverse the promotions, resulting in filing the contempt of court application earlier this week.

LEPOSA lawyer, Vuyani ‘Mone, pleaded with Justice Makara to jail Commissioner Molibeli for failing to implement the court’s ruling.

However, the police chief’s lawyer, Makhele Sekati, counter-argued that Commissioner Molibeli was not at fault because he had been ill-advised by the force’s legal department. He however, did not explain how Commissioner Molibeli had been ill-advised. This publication did not get to see the heads of argument filed by both parties which would have shed light on what had actually transpired after Justice Makara’s June 2021 ruling nullifying the promotions.

Justice Makara, who said he had read the heads of arguments, then ruled that although Commissioner Molibeli was in the wrong, he ought to be forgiven because he had been misled by his legal officers.

“From a layman’s perspective, a person who is guilty of contempt should be jailed but we have to look at the matter from a technical sense,” Justice Makara said.

“The court has delicately applied its mind on the submissions made by the Attorney General’s office, that the Commissioner has not implemented the (June court) order (reversing the promotions) because of the interpretation he was given by the lawyers in his legal division. He believed in good faith that his legal division was providing an accurate and authentic interpretation of the order.

“The court finds it regrettable, unprofessional and unfortunate for people trained in the law and in the ethical values of law and justice to mislead the Commissioner. “This introduces an element of doubt in their own professional integrity as lawyers and their inclination to encourage the undermining of the rule of law. The court finds this pathetic, especially where this is a simple case in which other citizens profusely lament that their rights to equality and fairness were violated.

“In the light of the destructive and unlearned advice given to the Commissioner, would it be sound in law to hold him guilty as charged? It must be recorded that one of the worst acts that a subordinate can do to a superior is to mislead him since that would be a recipe for disaster and compromise the standing and bona fides of the official so advised.

“In the circumstances, the court reaches the conclusion that this is a typical case where the Commissioner is a victim of wrong advice which he might have believed to be correct. Thus, he deserves the benefit of doubt. The application is disallowed,” Justice Makara ruled.

He however, said his order reversing the promotions was straightforward and should therefore be followed.

Should this happen, DCP Mokete would have to revert to his pre- 2018 promotion rank of Inspector.

The post Molibeli spared jail time appeared first on Lesotho Times.

…as Mofomobe accuses Rakuoane, DC of sabotaging high-profile trials

Mohalenyane Phakela

BASOTHO National Party (BNP) leader, Machesetsa Mofomobe, has accused the Democratic Congress (DC) and the Popular Front for Democracy (PFD) of plotting to derail high-profile trials involving various military personnel.

Mr Mofomobe, whose party is in the governing coalition alongside the DC, PFD and several other parties, this week recorded a video wherein he accused his two coalition allies of plotting the collapse of the trials in order to free murder-accused former army commander, Tlali Kamoli, and other suspects.

PFD leader and Law and Justice Minister, Lekhetho Rakuoane, has vehemently denied the allegations. He accused Mr Mofomobe of “playing cheap politics” by accusing them of issues they had nothing to do with. DC spokesperson, Serialong Qoo’s mobile phone rang answered yesterday evening when the Lesotho Times called him for comment.

However, Mr Mofomobe said the two parties had always opposed the previous Thomas Thabane-led coalition’s decision to recruit foreign judges to preside over the high-profile trials of politicians, serving and former members of the security agencies. The two parties were in opposition at the time but they subsequently joined the current Moeketsi Majoro-led coalition formed in May 2020 in the wake of Mr Thabane being forced out of power by his own All Basotho Convention (ABC) party.

Now that they were in power, Mr Mofomobe said they had hatched their grand plan which revolved around delaying to renew the contract of Zimbabwean Judge Charles Hungwe and delaying the payment of the salary of the lead prosecutor, South African Shaun Abrahams.

“We all know it is the undying wish of some people to ensure that justice is not served on the soldiers who are suspects in the high-profile cases,” Mr Mofomobe said.

“There are two sides in this country, those who want justice and others who don’t want it served. There are those who say the high-profile cases are politically motivated but some of us believe that justice can only be served by the courts of law. Even if the police were to fabricate charges against a person, the court would still require evidence in the case.

“There are politicians who are always vocal in advocating for the release of the accused soldiers. They disregard the families of the victims who lost their lives at the hands of these soldiers. We also saw their attempts to enact the so-called blanket amnesty law in order for their jailed political friends to be released. When some of us challenged their attempts to enact that law, they went back to the drawing board,” Mr Mofomobe said. This was probably in reference to the National Peace and Unity Bill which seeks to provide for the establishment of a National Peace and Unity Commission to consider pardoning high-profile criminals provided they truthfully testify before the commission and show remorse for their crimes.

The ABC and BNP have joined families of the victims of various human rights atrocities committed over the years by politicians and members of the security agencies in vehemently opposing the Bill.

They argue that the Bill is “nothing but a veiled attempt to bypass Lesotho’s justice system and shield criminal politicians from accounting for their outrageous impunities and perpetually imperilling Lesotho’s peace, stability and progress”. It is yet to be approved by parliament after it was tabled in parliament by Mr Rakuoane in May this year.

Mr Mofomobe also alleged that the DC and PFD were opposed to the recruitment of foreign judges to preside over the high-profile trials.

“There were judges who were appointed with the help of the Southern African Development Community (SADC), and some politicians did not like that.

“Since Rakuoane, whose party is under the DC, took over the Ministry of Law and Justice, there were things which happened to frustrate these cases. The plan is to have the trials collapse and the accused soldiers released.

“It recently happened that Justice (Charles) Hungwe’s contract expired. Things being right, the judiciary should get funding from the ministry of law. Now you do not see the ministry of law making any effort to avail the funds to extend his contract. This means that those cases must collapse so that an application can be made for the release of the suspects.

“There has also been a delay in paying Abrahams. These things did not just happen on their own but they were planned by players in this ministry. These people are at a very advanced stage but we who advocate for peace will ensure the rule of law prevails,” said Mr Mofomobe who is also Small Business Development, Cooperatives and Marketing minister.

However, Adv Rakuoane blasted his cabinet colleague for “playing to the gallery” and levelling “false” accusations against him.

“Machesetsa is playing dirty politics and he does not even behave like a minister. He has lost the political plot. His accusations are baseless as there is nothing that he can point at to prove that we are frustrating these cases.

“The two Botswana judges (Kabelo Lebotse and Onkemetse Tshosa) left for their own reasons and the first one departed before we even came into government. The EU has confirmed that there is money to continue paying Justice Hungwe. I have not signed any document to frustrate these cases. After all, Justice Hungwe’s contract is drawn up by the Judicial Service Commission in cooperation with the EU. All the government did was to confirm that there were still funds from the EU to pay him. Machesetsa should stop playing cheap politics,” Adv Rakuoane said.

The post Ministers fight appeared first on Lesotho Times.

…as Judge Hungwe’s contract expires

Mohalenyane Phakela

THE high-profile trials of politicians, serving and former members of the security agencies are in limbo after the expiry of Judge Charles Hungwe’s contract on 31 October 2021.

The news of the expiry of Justice Hungwe’s contract was broken by Chief Justice Sakoane Sakoane who said that he had failed in his quest to ensure that the Zimbabwean judge remained on the job to complete his cases.

Even though the constitution allowed a judge to complete his trials even after his contract had expired, the stumbling block to Justice Hungwe completing his cases, was the government’s failure to commit to paying his salary, Justice Sakoane said.

But the Chief Justice’s explanation is somewhat perplexing as the government has never been responsible for the payment of Justice Hungwe’s salary. As correctly pointed out by Law and Justice Minister, Lekhetho Rakuoane, in a subsequent interview with the Lesotho Times, the salaries of Justice Hungwe and other foreign judges recruited to preside over the high-profile cases are paid by the European Union (EU) and not by the Lesotho government.  However, the EU cannot contract directly with the judges as that is the role of the government via the JSC. That was nevertheless not done, casting serious doubts on Justice Sakoane’s claims about lack of funds.

The JSC, chaired by Justice Sakoane, was supposed to have negotiated the renewal of Judge Hungwe’s contract well before it expired. Moreso after the EU had long intimated that it was prepared to continue paying Judge Hungwe’s salary until he completed his work. All that was not done, raising speculation that there might be serious politics at play to frustrate Justice Hungwe, the only foreign judge remaining on the high-profile cases, to quit and follow his two colleagues from Botswana who opted to abandon their work because of numerous obstacles thrown their way.

Basotho National Party (BNP) leader Machesetsa Mofomobe fired the first public salvo this week, accusing his partners in the ruling coalition of playing politics to sabotage the trials and “free their military friends” from the clutches of the law.

Mr Mofomobe recorded a video wherein he accused Advocate Rakuoane of conniving with the Democratic Congress (DC) in a plot to collapse the high-profile trials in order to “free their military friends” including the murder and treason accused former army commander, Tlali Kamoli.

The plot involved ensuring Justice Hungwe’s contract was not renewed as well as terminating South Africa’s Shaun Abrahams’s contract to prosecute the cases, he claimed (See story below).

Adv Rakuoane nonetheless insists that the renewal of Justice Hungwe’s contract is the JSC’s baby.

Justice Hungwe was engaged by the government and JSC in January 2019 to try the high-profile trials involving politicians and members of the national security agencies.

At the time, then Justice and Correctional Services Minister, Mokhele Moletsane, said while the local judges were competent enough to try the cases, the government and SADC felt it necessary to engage foreign judges because the cases in question were politically sensitive. He said the verdicts of the foreign judges were less likely to be viewed as biased.

With the help of SADC, the government eventually secured the services of Justice Hungwe who was later joined in August 2019 by two Botswana judges, Kabelo Lebotse and Onkemetse Tshosa. The judges’ salaries were paid by the EU.

However, Justices Lebotse and Tshosa resigned in May 2020 and August 2021 respectively, complaining of poor working conditions, among other things. They were also unhappy about the delaying tactics deployed by the suspects to stall the trials.

Their resignations left Justice Hungwe with the huge task of presiding over some of the high-profile trials by himself. Some of the cases, including the treason and murder trial of politicians, Mothetjoa Metsing and Selibe Mochoboroane, Lt-Gen Kamoli and others, were allocated to local judges including Justice Sakoane.

Justice Hungwe was left to continue with Lt-Gen Kamoli and eight other soldiers’ trial for the June 2015 murder of army commander, Maaparankoe Mahao.

He also continued with Lt-Gen Kamoli and four other soldiers’ attempted murder trial over the January 2014 simultaneous bombings of the houses of former First Lady, ‘Maesaiah Thabane, and former Police Commissioner, Khothatso Tšooana.

He is also supposed to preside over the trial of Senior Superintendent Thabo Tšukulu and three other police officers for the March 2016 murder of Police Constable (PC) Mokalekale Khetheng.

All these trials are now in limbo due to the failure to renew his contract ahead of its known expiry date. The JSC’s failures in this regard blends perfectly well with the Stalingrad strategy of Lt-Gen Kamoli and his fellow suspects to sabotage the trials while seeking a political solution to get themselves out of the hook. A proposed peace and unity law under which criminal suspects would be released if they testify truthfully before a peace commission appears to be what they are now clamouring for.

On Monday, Justice Hungwe was conspicuous by his absence from the Mahao murder trial.

Justice Sakoane appeared in his place but only to inform the suspects that Justice Hungwe’s contract had expired. He said he had done everything he could to get Justice Hungwe to continue with the trial. But his efforts had so far hit a brick wall due to the government’s failure to pay the judge’s salary, he said.

“You are aware that I am not presiding in this trial,” Justice Sakoane said.

“The circumstances which have caused me to conduct the business of today are rather novel and peculiar. I think they have never happened in any jurisdiction that I am aware of.

“The presiding judge in this trial is serving in this jurisdiction on the basis of a contract which expired on 31 October 2021. This means that, as matters stand, he does not have any contract to continue to preside on this matter. But according to section 120(6) of the constitution, a judge either permanent or acting, whose tenure of appointment comes to an end before he or she concludes the business in the court, is obligated to finish the business. If there is a part-heard matter he is obliged to finish it and if there is a judgement pending, he is obliged to deliver it.

“But we are in an unchartered territory in regard to this matter. Not because the judge is unwilling to continue with this matter, but because the Crown is not in a position to honour its financial obligation as contained in the terms of appointment of the judge. I, as the head of the judiciary, have endeavoured to do all that is possible to assist in resolving this matter. But, as matters stand, my efforts have not yielded any success. The judiciary does not hold the purse nor the sword.  What I simply mean is that the funds that the judiciary is appropriated come from parliament, in other words we get our budget from parliament.  If parliament has under budgeted, there is nothing we can do in the circumstances.

“In my discharge of my duties as the head of the judiciary, I asked you to appear in open court so that I could convey this state of affairs. I am doing this as part of the public record because I do not want the misinterpretation of facts by the court of public opinion. Whatever views expressed should be on the basis of facts. The accused are facing capital punishment and they deserve the truth and nothing but the truth. I didn’t anticipate that this week I would be doing what I am doing today. I am not conducting any trial but discharging my duty as the head of the judiciary,” the chief justice said.

The Director of Public Prosecutions (DPP), Hlalefang Motinyane, then told the court that she had engaged the Attorney General, Rapelang Motsieloa, to engage the government over Justice Hungwe’s contract.

“This matter is part heard by Justice Hungwe and it was supposed to continue with the evidence of the second witness (Retired Colonel Thato Phaila). The second witness is still under oath and was to be re-examined. Where a judicial officer is unable to complete his duty due to circumstances such as this one, and if there is no solution, justice dictates that the matter should start de novo (afresh).

“The government should be made aware of the current situation. I have informed the Attorney General and he said he will inform the Minister of Law and Justice (Lekhetho Rakuoane) who will inform the cabinet. Hopefully we will have an answer on the way forward,” DPP Motinyane said.

In the subsequent interview with the Lesotho Times, Mr Rakuoane said although he was aware of the expiry of Justice Hungwe’s contract, there was nothing the government could do about it since it was a matter that had to be dealt with by the JSC and the EU.

He said the EU was eager to continue paying Justice Hungwe’s salary but he did not know how far it had gone in its discussions with the JSC for the renewal of his contract.

“Justice Hungwe’s contract is between him, the JSC and the European Union. I can confirm that the EU is willing to continue funding his salary and the JSC wants him to continue with his work. The JSC and the EU are better placed to talk about the status of his contract,” Adv Rakuoane said.

On its part, the EU said it had committed to paying Justice Hungwe’s salary until February 2022. It said was prepared to continue paying him until he had finalised his cases.

“The European Union is committed to supporting free and fair trials in Lesotho,” the EU said in a statement to the Lesotho Times yesterday.

“We believe that the process needs to be impartial in order for the accused to have equal hearing opportunities. As you are aware, we have been supporting this since 2019, albeit with its challenges- including those brought about by the Covid-19 pandemic and the subsequent lockdowns. While our contract with SADC came to an end in March 2020, we have continued supporting this process through UNDP since April 2020 under agreements, which we hope to continue. This includes the completion of cases overseen by Justice Hungwe.

“With regards to Justice Charles Hungwe’s contract, we have already signed with UNDP a new agreement providing the resources to allow the extension of the contract until the end of February 2022. At this stage, we are already considering the possibility and discussing the conditions of an extension of the agreement with the UNDP so that, depending on how far Justice Hungwe cases will have progressed, his contract can continue beyond February 2022,” the EU said.

However, authoritative government and judicial sources said although the EU was eager to continue funding Justice Hungwe’s salary to enable him to see the trials to finality, everything else hinged on the JSC and the government’s willingness to renew the Zimbabwean judge’s contract to work in Lesotho. Both the EU and UNDP cannot contract directly with the judge. That is a sole responsibility of the government via the JSC, which now faces demands to explain its lethargy.  The EU’s statement also rebuffs any claims that lack of funds is the main reason for the failure to renew Judge Hungwe’s contract.

The sources said that the EU also wanted assurances that the government would retain the services of South African Advocate, Shaun Abrahams, the lead prosecutor in the high-profile trials. The retention of both Justice Hungwe and Advocate Abrahams is seen by the EU as crucial to avoiding further lengthy delays to the already much-stalled trials. Further delays would become inevitable if the trials are taken over by new judges and prosecutors.  It would also help eliminate perceptions of bias if the cases are not reassigned to local judges, the sources said.

It remains to be seen if the government will renew the contract of Adv Abrahams as it views his salary as exorbitant. Unlike Justice Hungwe, Adv Abrahams is paid by the government.

He has been paid close to M10 million since his 2019 appointment. He was hired by the previous Thomas Thabane-led governing coalition. However, the current Moeketsi Majoro-led coalition is mulling the cancellation of his contract or “reviewing it so that it best serves the interests of Basotho”, according to the principal secretary (PS) in the Ministry of Law and Justice, Retšelisitsoe Mohale, in a weekend interview with the Sunday Express.

PS Mohale said the government was not happy with Adv Abrahams’ “huge” wages and it was considering terminating his contract in favour of cheaper alternatives.

He said Minister Rakuoane had tasked him to look into ways to reduce the spending and this included the possibility of terminating his contract.

But according to the government and judicial sources, the EU is against terminating Adv Abrahams’ contract. Terminating his contract would mean the engagement of new prosecutors who would have to acquaint themselves with the various cases. This would only serve to further stall the much-delayed trials which have been pending since 2017 when Lt-Gen Kamoli and some of the suspects were arrested and detained.  Other sources say what Advocate Abrahams has been paid for his efforts is not as much as other qualified South African counsel would have charged over the same period.

The post High profile trials in limbo appeared first on Lesotho Times.

…children also trafficked, forced into commercial sex work, burglary and theft

Herbert Moyo/ Limpho Sello

LESOTHO’S children are subjected to the worst forms of child labour, the United States (US) Department of Labour has found.

According to the department’s report for 2020, some of the children- as young as five years old- are victims of human trafficking within and outside the country’s borders. They are forced into the “worst forms of labour” that include commercial sex work, “hazardous tasks” such as herding livestock, crop cultivation and spraying harmful pesticides on the crops and harvesting. They are even forced into criminal activities such as burglary and stealing, the department’s report states.

All this is taking place despite that Lesotho is armed with an arsenal of laws including the Children’s Protection and Welfare Act, as well as international conventions and protocols aimed at eliminating child labour. These are children who ought to be school and accessing free primary education in line with the Lesotho government policy that education is free and compulsory at primary level.

In its recently released report, the US Department of Labour acknowledges a “moderate advancement in efforts to eliminate the worst forms of child labour”.

The report is titled: “2020 findings on the worst Forms of Child Labour”.

The 1365-page report contains findings on forced labour in disparate countries- from strife-torn Afghanistan to economic powerhouses such as India and Brazil, Africa’s most populous nation Nigeria- to Lesotho and its regional neighbours, Botswana, South Africa, Namibia and Zimbabwe among others.

In the foreword, US Secretary for Labour, Marty Walsh, notes that the “United Nations has designated 2021 as the International Year for the Elimination of Child Labour”.

“This could not come at a more pivotal time. This summer the International Labour Organisation and the United Nations Children’s Fund released the latest global estimates on child labour. Despite years of progress, these new estimates contain a troubling truth. Global estimates of children in child labour rose from 152 million to 160 million children, leaving I in 10 children trapped in child labour…

“Our Bureau of International Labour Affairs’ Office of Child Labour, Forced Labour and Human trafficking is at the vanguard of efforts to end child labour and forced labour globally at a time when this work is more urgent than ever,” Mr Walsh says.

The report indicates that Lesotho’s problems have persisted despite the government making “moderate” achievements in the quest to eliminate the worst forms of child labour including sex work, street vending and herding livestock.

“In 2020, Lesotho made a moderate advancement in efforts to eliminate the worst forms of child labour. Lesotho’s legislature passed an amendment to the Anti-Trafficking in Persons Act that removes the requirement for proof of force, fraud, or coercion even in the case of sex trafficking for minors. The addition of this amendment brings the law up to international standards.

“The national police also established the Trafficking in Persons and Migrant Control Unit within the Lesotho Mounted Police Service to oversee human trafficking cases. In addition, multiple trainings were conducted during the reporting period that included strategies to combat forced labour; modern slavery and human trafficking; countering trafficking and victim identification; and national shock responsive social protection for the multisector impacts of Covid-19,” the report states.

But despite all this, “children in Lesotho are subjected to the worst forms of child labour, including in commercial sexual exploitation, sometimes as a result of human trafficking”.

Challenges in accessing education

Challenges in accessing education have been identified as one of the factors behind children dropping out of school and consequently being more susceptible to becoming child labourers.

“Many children face limited access to education due to a shortage of teachers and schools, which causes them to travel long distances. In Lesotho, primary education is free. However, secondary education incurs a fee that is cost prohibitive for many families.

“Children with disabilities encounter difficulties with ill-equipped educational facilities and untrained teachers. These factors increase a child’s vulnerability to the worst forms of child labour such as human trafficking,” the report states.

But then again it is a classic case of the chicken and egg because those children who are subjected to forced labour are most likely to find it difficult to either attend school or to fully concentrate on their studies despite that primary education is free and compulsory.

The report notes that although 90, 3 percent of the children in the 5 to 14 age-group are attending school, 30, 1 percent of this age-group is however, also working. This is despite that the Children’s Protection and Welfare Act sets the minimum age at which a person is eligible to work at 15. According to the same act, the minimum age for engaging in “hazardous forms of work” is 18. But this has not stopped children in the 5 to 14 age group from being employed in such jobs.  Lack of inspection of work premises has been partly blamed for this situation.

“Children also perform dangerous tasks in animal herding and domestic work. The government also lacks sufficient coordination mechanisms to combat child labour, and labour inspections are not conducted in high-risk sectors, including the informal sector.”

The human trafficking scourge affects children’s right to education

Lesotho suffers from a serious problem of human trafficking is already perennial problem of human trafficking which has left it in serious danger of losing out on all forms of US development assistance.

The report identifies the human trafficking scourge as one of the factors behind the high incidence of child labour in Lesotho and beyond its borders.

“Lesotho is also a source, transit, and destination country for human trafficking. Children, especially orphans, sometimes voluntarily travel to other countries, including South Africa, for domestic work, and upon arrival they are subsequently detained in prison-like conditions and sexually exploited.

“The Lesotho Population-based HIV Impact Assessment reported in 2017 that the HIV rate in adults (ages 15–59) was 25, 6 percent, the second-highest HIV rate in adults worldwide (after Eswatini). Due to the high rate of HIV among adults, many children in Lesotho become orphans and are vulnerable to human trafficking. Children, mostly orphans driven by poverty, migrate from rural to urban areas to engage in commercial sexual exploitation,” the report states.

Trafficked children find it hard to attend school, more so if they are subjected to forced labour.

Statelessness

The report notes that Lesotho is struggling to register births, with only 45 percent of the births having been registered to date. “The low number of birth registrations results in children becoming stateless, which makes them more vulnerable to the worst forms of child labour,” the report states.

Law enforcement

The report notes that although there are laws in place, there were “gaps within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including limited funding and personnel”.

It notes that there no prosecutions and convictions of suspects in connection with the perpetration of the worst forms of child labour. Even though specialised agencies such as the Child and Gender Protection Unit have been established, they are not fully capacitated to perform their mandate of fighting child labour, the report states.

“The national police’s Child and Gender Protection Unit does not have guaranteed funding. Rather, it receives funding from the general operations budget of the national police. Research found that the Child and Gender Protection Unit has limited personnel and receives insufficient or no funding to carry out child labour investigations. There is also no evidence of any funding for combating child labour being provided to the public prosecutor’s office or the Children’s Court.

Recommendations

The report recommends the following actions to be undertaken by the government to tackle child labour:

• Provide adequate funding and training for labour inspectors to carry out mandated duties.
• Ensure that criminal law enforcement agencies receive an adequate amount of funding, training, and resources with which to conduct inspections and investigations.
• Ensure that labour inspections are conducted in all relevant sectors, including the informal sector.
• Ensure that the labour inspectorate is authorised to assess penalties, including those related to the worst forms of child labour.
• Ensure that all Coordination Teams are active and undertaking activities in support of their missions.
• Ensure that there is a policy for the elimination of child labour to replace the expired National Action Plan for the Elimination of Child Labour.
• Ensure that all actions plans are active and being implemented according to their mandates.
• Integrate child labour elimination and prevention strategies in existing youth policies, such as the Education Sector Strategic Plan.
• Institute programs that address factors that promote child labour, including the high HIV rate in adults.
• Ensure that children with disabilities have equal access to education.
• Address educational and logistical gaps resulting in reduced opportunities for secondary education, including the shortage of teachers and schools and secondary school fees.
• Increase birth registrations of children to reduce their vulnerability to the worst forms of child labour.
• Expand existing programmes to address the scope of the child labour problem and ensure that this information is publicly available.

This article was possible because of the support of the German federal foreign office and the Institut für Auslandsbeziehungen (IFA) Zivik funding programme. The views presented in this article do not represent the views of the German federal foreign office nor the IFA.

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. . . move aimed at complying with US criteria for second MCC compact

Herbert Moyo

EIGHT people will soon be charged with human trafficking as part of measures to ensure Lesotho’s compliance with the recommendations of the United States government’s trafficking in persons report for 2021.

Home Affairs Minister, Motlalentoa Letsosa, made the announcement after meeting with US Ambassador, Rebecca Gonzales, at her Maseru residence this week. Police and Public Safety Minister, Lepota Sekola and his Law and Justice counterpart, Lekhetho Rakuoane, attended the meeting along with other Lesotho government and US embassy officials.

The US government considers human trafficking a serious offence and countries like Lesotho, which are on its Tier 2 Watchlist for trafficking, are ineligible to receive various forms of US development assistance.

Compliance with the US government’s recommendations to deal decisively with the human trafficking is part of the eligibility criteria for Lesotho to sign a multi-million-dollar second compact in terms of the US Millennium Challenge Corporation (MCC).

Addressing the media after their meeting, Ms Gonzales acknowledged that the Lesotho government had made some “significant” steps over the past year including the passing the Anti-Trafficking (Amendment) Act last November to combat human trafficking by imposing lengthy and even life imprisonment on those convicted of the crime.

She however, said the government needs to do more including expediting investigations against government officials and others suspected of involvement in the trafficking of persons.

“As the US Ambassador to Lesotho, I will continue to reiterate that combating human trafficking is a top priority for the United States government,” Ms Gonzales said.

“My team and I want to support the government of Lesotho to make rapid progress towards achieving the recommendations in the 2021 TIP (Trafficking in Persons) Report to avoid any assistance restrictions. Time is of the essence.

“We want to see Lesotho’s meaningful anti-TIP progress that would warrant an upgrade to Tier 2 by the end of February 2022 because this means that we will have supported the protection of crucial foreign assistance and the country’s proposed second Millennium Challenge Corporation compact,” Ms Gonzales added.

On his part, Mr Letsosa said the government was working flat out to implement the TIP Report’s recommendation for “increased efforts to investigate, prosecute and convict traffickers through independent and fair trials including officials complicit in trafficking in persons”.

To that end, he said eight cases had already been referred to the Director of Public Prosecutions (DPP), Hlalefang Motinyane, for prosecution.

“We are pleased to report that with respect to eight cases before the Director of Public Prosecutions, summonses have been issued to prosecute them. Further, the cabinet sub-committee has directed the multi-sectoral committee to resuscitate the Task Team to investigate and prosecute trafficking in persons cases and allocate necessary resources.

“The Ministry of Labour and Employment; the Home Affairs’ Department of Immigration and the police’s Anti-Trafficking Unit have an operational joint task force for the inspection of the regularity of foreign workers and employers to ensure compliance with the law and to detect potential cases of trafficking. As a result of this effort, there are cases being detected and investigations are ongoing and this will determine whether or not government officials are involved,” Mr Letsosa said.

He said cabinet had directed the police to establish regional focal points for the coordination of anti-trafficking activities “while the long-term strategic objective is to establish fully fledged anti trafficking units, with sufficient resources at district level”.

Mr Letsosa said in the coming in the coming weeks, the TIP focal points will be established in Butha-Buthe (this will also cater for Mokhotlong district), Leribe (also covering Thaba Tseka), Mafeteng and Mohale’s Hoek (also covering Quthing and Qacha’s Nek).

“Specific attention will be afforded to mining districts and factories in Butha-Buthe as these areas are expected to increase TIP sensitive situations. The government is considering placing a police attaché at the Lesotho High Commission in South Africa which will include the element of trafficking and liaise with police within South Africa and Lesotho.

“The government has opened a specific bank account with a commercial bank to address TIP related matters specifically to support victims of trafficking and the government’s commitment with partner organisations such as Beautiful Dreams Society and others. We have also reallocated funds to the said account and we will ensure appropriate funding in the upcoming financial year,” Mr Letsosa said.

Ms Gonzales thanked Minister Letsosa for “taking critical and decisive action to address several vitally important human trafficking concerns”.

“His leadership has been instrumental in the government’s response to many of the issues I have raised over the last year — including the allocation of funding for shelter and protective services for victims of trafficking. Working with key community partners, like Beautiful Dreams Society, the Government of Lesotho, through the Ministry of Home Affairs, he has started to prioritise the safekeeping of Lesotho citizens who have been victimised by traffickers. Minister Letsosa has also engaged in extensive outreach to sensitise local communities and officials on the importance of preventing trafficking in persons.

“I also want to thank Minister Sekola for his engagement and collaboration with US law enforcement agencies to increase efforts to investigate and prosecute traffickers, including officials complicit in trafficking crimes. Specifically, sustained efforts to fund the police trafficking and smuggling unit and to establish a focal point in all ten districts will ensure effective responsiveness to all potential trafficking cases in Lesotho. We have immediate plans to support the development of critical skills through law enforcement training and other professional development exchanges,” Ms Gonzales said.

She also thanked Minister Rakuoane for his commitment to anti-corruption efforts “which will be key in the Lesotho government’s efforts to ensure officials complicit in trafficking crimes are prosecuted”.

Back in July this year, Lesotho was upgraded to the Tier 2 Watch List on the US State Department’s human trafficking index report for 2021. This in recognition of the “positive” steps taken by the Moeketsi Majoro administration to meet eligibility criteria for development assistance.

Lesotho moved up from Tier 3, the lowest ranking. Ordinarily countries in Tier 3 automatically lose US developments assistance and cannot benefit from multi-million-dollar programmes like the MCC.

However, the US government last year exempted Lesotho from being punished. This was done to give Dr Majoro’s then newly-formed government the chance to rectify the failings of the previous Thomas Thabane administration which it succeeded in May 2020.

The decision to upgrade Lesotho to the Tier 2 Watch List was welcomed by Dr Majoro who said this meant that “Lesotho may sign MCC Compact by end 2021”.

However, Ms Gonzales immediately set the record straight, saying the upgrading would not immediately translate into millions of dollars for Lesotho’s social investment projects under a second MCC compact.

She said a final agreement for a lucrative second compact hinges on the government addressing various issues raised by the US government and the MCC board. These include dealing decisively with the scourge of human trafficking and other human rights abuses, implementing SADC recommended multi-sector reforms and fighting corruption. 

The post Eight face human trafficking charges appeared first on Lesotho Times.

Mohalenyane Phakela

THE Assistant Director of the National Security Service (NSS), Makali Mosoeunyane, has petitioned the High Court to block her demotion by NSS Director General, Pheello Ralenkoane.

The Lesotho Times has established that Mr Ralenkoane wrote to Defence and National Security Minister, Halebonoe Setšabi, recommending Ms Mosoeunyane’s demotion to the rank of Senior Intelligence Officer.

In his 29 October 2021 letter to Minister Setšabi, Mr Ralenkoane recommends that Ms Mosoeunyane be demoted for indiscipline and insubordination. This in connection with her alleged refusal to obey a 16 August 2021 instruction from the NSS Director of Human Resources to vacate the government house she currently resides in Maseru.

Mr Ralenkoane established a board of enquiry on 27 September 2021. It found Ms Mosoeunyane guilty of contravening Regulation 13 of the National Security Services Regulations of 2000. The regulation states that, “a member who strikes or uses threatening or insubordinate language or portrays a disrespectful act by word or demeanour to a superior or any other member of the Service placed in authority over the member commits a breach of discipline”.

In its 29 October 2021 verdict, the board of inquiry found Ms Mosoeunyane “guilty as charged”, by her virtue of her refusal to vacate the government house.

“The defaulter (Mosoeunyane) is one of the most senior officers of the NSS whose actions set an example to the numerous junior officers below her. Her insubordination, if not sufficiently punished, will impact negatively on the NSS as it will set a bad precedent to her subordinates and other officers to defy superior orders.

“The board therefore recommends that the defaulter be demoted from the rank of Assistant Director to the rank of Senior Intelligence Officer.”

Acting on the advice of the board, Mr Ralenkoane then recommended that Minister Setšabi should demote Ms Mosoeunyane.

“I agree with the verdict of the board of enquiry that the member is guilty of having contravened Regulation 13 of the National Security Service Regulations 2000,” Mr Ralenkoane stated in his 29 October 2021 letter to Mr Setšabi.

“I recommend that the member be demoted from the rank of Assistant Director to the rank of Senior Intelligence Officer. The National Security Service is a disciplined force. It is through the observance of authority and discipline by its members that the service is able to effectively discharge its constitutional mandate. Non observance by members will reduce the Service into an ungovernable and chaotic institution where everyone does as he pleases. This is an undesirable situation for an institution which is charged with the important mandate being the protection of national security,” Mr Ralenkoane further stated.

Not satisfied with the verdict, Ms Mosoeunyane filed a 2 November 2021 High Court application to stop her impending demotion.

NSS Director Mpakane, deputy directors Pita, ‘Molaoa, Motopi; Mr Ralenkoane; Mr Setšabi and Attorney General Rapelang Motsieloa are the first to seventh respondents respectively in the application.

Ms Mosoeunyane wants the court to set aside the disciplinary proceedings of the board of inquiry and its guilty verdict of 29 October 2021.

“The decision of the first to third respondents dated 29 October 2021 to find the applicant guilty of misconduct and their recommendation that the applicant be demoted from the rank of Assistant Director to the rank of Senior Intelligence Officer be reviewed and set aside,” Ms Mosoeunyane prays.

NSS Director Mpakane and Deputy Directors Pita and ‘Molaoa constituted the board of inquiry. However, Ms Mosoeunyane argues the board operated outside the law, hence she wants its proceedings nullified.

“On 14 October 2021, the fourth respondent (Deputy Director Motopi) served me with a notice to appear before the board of enquiry to answer charges of misconduct or breach of discipline. This was to be on 26 October 2021 at 8.30am at NSS Maseru.

“I wish to assert that on 26 October 2021, the charges were read to me and I was asked to plead. I immediately enquired about the rational of pleading in an investigation. But I was then informed that the process was a disciplinary hearing not an investigation and I had to plead. I informed the board that I was not going to plead as I considered it an investigation and they decided to proceed nonetheless.

“I aver that as I was initially under a reasonable apprehension that the panellists of the board were not going to be impartial and the process was not going to be fair and transparent, I applied for the recusal of the first to third respondents and raised an objection to the proceedings on the basis that they did not comply with the fifth respondent’s (Ralenkoane) mandate and terms of reference. The board overruled me and decided to proceed with the proceedings which were not sanctioned by law,” Ms Mosoeunyane states in her court papers. The court is yet to set a date for hearing her application.

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Mohalenyane Phakela

FIVE new political will today be issued with registration certificates by the Independent Electoral Commission (IEC).

This means that come 2022, Lesotho will have a staggering 46 political parties competing for the votes from an electorate numbering a paltry 1 240 537, according to the last population census conducted in 2016.

IEC spokesperson, Tuoe Hantsi, confirmed the impending registration of the five new parties in an interview with the Lesotho Times this week.

He however, refused to reveal the identities of the parties, saying all will be revealed at the official handover of the parties’ registration certificates today at the IEC offices in Maseru.

He said the parties had met the registration requirements which included having at least 500 paid up members and being registered under the Societies Act, 1966.

“The five new parties will tomorrow (today) be issued with their certificates at the IEC warehouse in Maseru,” Mr Hantsi said.

“This will bring the total number of parties certified to contest in next year’s elections to 46. The duty of the IEC is to register qualifying parties and the more the parties registered, the more the Commission is fulfilling its mandate of ensuring democracy.”

IEC officials have said another nine parties were waiting in the wings. If these are registered, this would bring the total number of parties to 55.

Back in June this year, IEC Commissioner Tšoeu Petlane said if the trend continues, it would not be a surprise if Lesotho would be having at least 100 political parties by the time the 2022 elections are held.

“Looking at the rate at which political parties are registering, there is a possibility that we could be having 100 parties by the time of the 2022 elections,” Commissioner Petlane said.

“We should be asking ourselves what’s causing this (proliferation of parties).

“Maybe democracy is at work.  It could mean that freedom of association and expression are at play and there is room for everyone to participate. If so, that’s a good thing. However, it could also mean that there is political intolerance among politicians and anyone can form their own party whenever they fall out with others in their previous parties.

“This could also mean that we have derailed and lost our way. We really need to look into what each party brings to the table,” Commissioner Petlane added.

He also said the mushrooming of parties meant the reduction of money each of them would receive from the IEC to help fund their operations.

On the face of it, the proliferation of parties may suggest democracy is alive and thriving in Lesotho.

But analysts are sceptical of the numerous parties’ capacity to make any meaningful political contributions to address the socio-economic plight of long-suffering citizens of this country.

If anything, analysts say the mushrooming of the parties is simply a manifestation of the self-seeking phenomenon of individuals who enter into politics for personal enrichment. They say 46 political parties is too big for a country of Lesotho’s size and economy.

To put the matter into perspective, Lesotho has only 2, 1 million people, a population much smaller than that of South Africa’s commercial hub city of Johannesburg. According to the latest World Bank estimates, Lesotho’s annual gross domestic product (GDP) is only US$2, 7 billion (about M40 billion) and the majority of Basotho survive on less than US$1 per day.

Far bigger countries with more prosperous economies like the United States of America (US) which has 328.2 million people and GDP of well over US$20, 54 trillion have had only two political parties for centuries. Since 1852, the US political system has revolved around the Democrats and the Republicans.

Similarly, the United Kingdom’s political landscape has been dominated by the Conservative and the Labour parties for several decades with the Liberal Democrats playing a fringe role. There is therefore no reason why poor Lesotho should have so many political parties, the analysts say.

If anything, the government should enact tougher new laws to stop the mushrooming of political parties, the analysts say.

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Pascalinah Kabi

THE Transformation Resource Centre (TRC) has accused the government of “pulling stunts” to derail the high-profile trials of politicians, serving and former members of the security agencies.

The leading human rights organisation says the “stunts” include providing inadequate funding and assistance to the judiciary. It has also criticised the government for its failure to timeously renew the contract of Zimbabwean Judge Charles Hungwe’s contract to preside over the trials. Justice Hungwe’s contract expired on 31 October 2021. The contract is supposed to be renewed by the Judicial Service Commission (JSC). It has however, not been renewed and this has thrown the trials he was presiding over into uncertainty.

The TRC believes that the government is deliberately paralysing the judiciary to ensure that the trials are halted to pave way for the high-profile suspects to eventually appear before a proposed National Peace and Unity Commission which will consider pardoning them if they testify “truthfully” and “show remorse” for their crimes.

The establishment of the Commission is provided for under the National Peace and Unity Bill which is yet to be approved by parliament. The TRC is vehemently opposed to the Bill, arguing that it is meant to shield politicians and members of the security agencies from being held accountable for gross human rights violations over the years.

In a statement this week, the TRC called on the government to desist from its “stunts” aimed at derailing the trials and ensure the renewal of Justice Hungwe’s contract by the JSC. His salary is paid by the European Union (EU) which has said it is prepared to continue paying him for as long as it takes to finalise his cases.

He has the huge task of presiding over several high-profile trials by himself after the resignation of two Botswana judges, Kabelo Lebotse and Onkemetse Tshosa in May 2020 and August 2021 respectively.

Some of the cases, including the treason and murder trial of politicians, Mothetjoa Metsing and Selibe Mochoboroane; former army commander, Tlali Kamoli and others, have since been allocated to Chief Justice Sakoane Sakoane and other local judges.

Justice Hungwe was left to continue with Lieutenant-General (Lt-Gen) Kamoli and eight other soldiers’ trial for the June 2015 murder of army commander, Maaparankoe Mahao.

He is the presiding judge in Lt-Gen Kamoli and four other soldiers’ attempted murder trial in connection with the January 2014 simultaneous bombings of the houses of former First Lady, ‘Maesaiah Thabane, and former Police Commissioner, Khothatso Tšooana.

He is expected to preside over the trial of Senior Superintendent Thabo Tšukulu and three other police officers for the March 2016 murder of Police Constable (PC) Mokalekale Khetheng.

All these trials are now in limbo due to the failure to renew his contract ahead of its 31 October 2021 expiry date.

This is unacceptable, according to the TRC, which considers the failure to renew his contract a ploy by the government to derail the trials.

“Cognisant of the fact that the latest episode threatening the progress of the trials is the expiration of Justice Charles Hungwe’s contract on 31 October 2021, it is worth reminding the whole world that appearing before Justice Hungwe are soldiers accused of the gruesome killing of their former commander, Lieutenant General Maaparankoe Mahao, whose untimely death led SADC to establish a commission of inquiry,” TRC said this week.

“The security, political and constitutional crises developed and reached climax during Lieutenant General (Tlali) Kamoli’s command. It was during his command that the army committed crimes like torture where those accused of mutiny were subjected to cruel, degrading and inhumane treatment for which he has not been charged to date.

“In light of the above, the TRC is of the considered position that justice delayed is justice denied. This legal maxim means that cases should be heard without unnecessary delays as this would lead to great injustice to the accused person, psychologically and financially. The TRC further holds that prolonged delays in hearing criminal matters have a severe impact on victims and their families, financially and mentally. The Centre wishes to remind the government of Lesotho that the right to a fair trial within a reasonable time is a right guaranteed by the constitution of Lesotho.”

The TRC then accuses the government of pulling stunts to derail the high-profile trials.

“The Centre notes that one of the stunts pulled by government to frustrate the trials relates to inadequate funding and assistance to the judiciary by the government. Lack of funding continues to paralyse the functioning of the courts and has placed intense pressure on the courts…

“The Centre is of a well-thought-out opinion that the current developments which have led to the resignations and expiration of judges’ contracts should have been foreseen by a government which cares about justice and rule of law. The very existence of the judicial branch has become endangered by the inadequate assistance from the two other branches of government (parliament and the executive), risking a collapse of the tripartite structure. The Centre wishes to emphasise that a functional and efficient judiciary is an urgent community need.

“…With a heavy heart, TRC notes that the current episode involving Justice Hungwe adds to an ocean of judicial problems resulting from inadequate assistance from the political branches. It is the Centre’s earnest wish that the judiciary is not set up for failure by the government in order to justify transitional justice commission which politicians seek in order to have guaranteed impunity (sic).”

The TRC then urged the government to urgently resolve the judiciary’s financial challenges “to ensure a fair and just system where justice is served on both the accused and the victims”.

“The government better be advised that justice and accountability for the tyranny, lawlessness and terror that reigned and gripped this nation cannot be sabotaged by its ineffectiveness and failure to assist the judiciary,” the TRC states.

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