Nomvula Mokonyane

Herbert Moyo

A SOUTH African non-governmental organisation has accused Water and Sanitation Minister, Nomvula Mokonyane of maladministration and delaying the implementation of the second phase of the Lesotho Highlands Water Project (LHWP Phase II).

The Organisation Undoing Tax Abuse (OUTA) says the delays in the implementation of the LHWP Phase II have resulted in cost overruns which could prejudice South African taxpayers to the tune of M7, 8 billion.

OUTA describes itself as “a proudly South African non-profit civil action organisation, comprising of and supported by people who are passionate about improving the prosperity of our nation”.

It gave the minister until today to respond their concerns or face legal action.

Ms Mokonyane has since issued a preliminary response to OUTA’s allegations by describing them as “a rehash of old allegations for which no evidence or proof have been advanced to substantiate them”.

“The Minister at once rejects with contempt the allegation that she has deliberately delayed the implementation of the LHWP Phase II and more-so that this was done in order to advantage certain preferred service providers.

“Phase 2 of the LHWP is targeted for completion in early 2025 with storage of water in the new

“Polihali Dam commencing in 2024. Efforts are being made to mitigate delays necessitated by the amendments to the procurement policies and the several changes in government in Lesotho over the last 5 years,” reads part the Ms Mokonyane’s recent response.

The LHWP is a multi-phased project to provide water to the Gauteng region of South Africa and to generate hydro-electricity for Lesotho. It was established by the 1986 Treaty signed by the governments of Lesotho and South Africa.

The project entails harnessing the waters of the Senqu/Orange River in the Lesotho highlands through the construction of a series of dams for the mutual benefit of the two countries.

Phase I of the LHWP, consisting of the Katse and Mohale dams, the ‘Muela hydropower station and associated tunnels was completed in 2003 and inaugurated in 2004. Phase II of the LHWP is currently in progress. It consists of two separate but related components: water transfer and hydropower generation.

The bilateral project which is estimated to cost at least M23 billion, is expected to provide about 3 000 jobs at the peak of its operations.

The water transfer component of Phase II comprises an approximately 165m high concrete faced rock fill Dam at Polihali downstream of the confluence of the Khubelu and Senqu (Orange) Rivers and an approximately 38km long concrete-lined gravity tunnel connecting the Polihali reservoir to the Katse reservoir. Other Phase II activities include advance infrastructure (roads, accommodation, power lines and telecommunication) and the implementation of environmental and social mitigating measures.

The hydropower component of Phase II, which is currently under further feasibility studies, may include a pumped storage scheme, conventional hydropower such as the expansion of the ‘Muela infrastructure or new greenfield sites.

Its exact form will be determined on completion of the further feasibility studies. Phase II is expected to be substantially complete by the end of 2024.

OUTA wrote to the minister on 19 July, 2017 demanding reports on the “progress of the LHWP II, financial records of the payments made to Lesotho in the form of royalties, a copy of the LHDA anti-corruption policy and the names of the persons and/or businesses found guilty of corruption in the implementation of Phase I”.

The also compiled a damning report on the LHWP II titled The Status Quo of the Lesotho Highlands Water Project Phase II.

The report was written and compiled by Helgard Muller, an independent Specialist Consultant in Water Policy, Regulations and Institutions and Julius Kleynhans, the Portfolio Director of Water and Environment at OUTA.

The report quoted former Department of Water Affairs Director-General, Professor Mike Muller saying, “That project is already seven years late and we need the minister to explain why her department is reducing Gauteng province’s water security and what she is going to do about it.”

Professor Muller exonerated Lesotho of any culpability for the delays in implementing the project, saying although South Africa’s cabinet had authorised the procurement of consultants months ago, tenders had still not been issued.

“While Lesotho was ready to proceed, South Africa was holding up the process. What is the problem? Is somebody trying to do a deal with this vital project? We cannot afford to put the security of Gauteng’s economy at risk like this,” Mr Muller said in the report.

Section 3.9 of the OUTA report tiled, Implications of the delays on LHWP II, states that “the actual engineering design work on the Polihali Dam and Tunnel will only start in the second half of 2017 then realistically assume another 12 months before designs are at such a stage that work can be put out to tender”.

“The programme allows for another 15 to 18 months of tender design and the tender period before a contractor can be on site. Add all this up and it is clear that the actual construction may not start until the middle of 2019.

“Based on the current progress in the awarding of tenders and applying realistic timelines for such a complex project it is not foreseen that the first water could be delivered before the third quarter of 2025. This will be seven years later than planned.”

OUTA concludes that the delays will have serious implications for the province of Gauteng which includes the commercial hub of Johannesburg.

Some of the implications include the risk of water shortages, cost overruns, economic restraint on development as well as the payment of far more royalties to Lesotho than initially anticipated.

“In the feasibility reports the cost of the project was estimated as M 17,372 billion (on December 2011).

“At the annual tariff consultation done in August 2016, the TCTA used an estimated capital cost of R 25,1 billion for LHWPII but clearly stated that the actual costs will only be known once the construction tenders had been awarded,” OUTA states in the report.

This would mean the delay has resulted in a cost escalation of M7, 8 billion.

“Implementation delays will make the project even more expensive- and eventually cost water users and taxpayers much more.

“Cost overruns can become a heavy burden on consumers in Gauteng and make the water from LHWP 2 unaffordable.

“The lack of an independent water and economic regulator for water pricing in South Africa means that unlike electricity where NERSA is doing its best to contain electricity prices it remains unclear how the LHWP II tariffs will be controlled and regulated,” OUTA concludes.

In her preliminary response Ms Mokonyane said the “LHWP Phase II is but one of the several interventions aimed at securing the water future of Gauteng”.

She said there were other interventions to ensure adequate water supplies for Gauteng included a programme to treat acid mine water which would yield results in 2019/20.

She has until today to give a full satisfactory response to OUTA or face legal action.

Pascalinah Kabi

POLICE and Public Safety Minister, ‘Mampho Mokhele, says government recalled 21 police officers because the previous regime did not follow the proper procedures when it fired them.

The officers were recalled to work on 19 July, 2017 following a directive by the-then Acting Police Commissioner Keketso Monaheng.

They were fired from the police service by embattled police commissioner, Molahlehi Letsoepa allegedly for various offences ranging from misconduct to participating in political activities.

The 21 officers are Moraleli Motloli, Makobane and Matekane (all Inspectors), Letsipa and Ramakatsa (Lance Sergeants), Hlalele, Matoko, Tšita, Ntlou, Rakhupu, Sehloho, Maliba, Khemisi, Lebohang Motlatsi, Phakoe, Hloaisi, Teba, Nzamane, Motlomelo and Ramahloko (Private Constables) as well as Woman Police Constable (WPC) ‘Mabohlokoa Makotoko.

Inspector Motloli, who was also Lesotho Staff Police Association (LEPOSA) General Secretary, was dismissed from the service in April this year for refusing to take orders from his superiors.

He was dismissed shortly after demanding that Commissioner Letsoepa and his advisory board respond to Alliance of Democrats leader and now Deputy Prime Minister Monyane Moleleki’s allegations that police recruitment was riddled with nepotism, partisanship and corruption.

Mr Moleleki, who is former Police minister, accused the Democratic Congress and Lesotho Congress for Democracy parties of staffing the security forces with their supporters. The parties have since denied the allegation.

WPC Makotoko was dismissed from the police service in March this year for alleged misconduct.

She subsequently filed an application before the High Court on 31 March 2017 for an order to nullify the police commissioner’s decision on the grounds that she was not afforded a hearing before she was dismissed.

WPC Makotoko was the main witness in the ongoing case to investigate the whereabouts of Police Constable Mokalekale Khetheng who went missing in March last year at Hlotse Police Station.

PC Motlatsi and 10 other officers were fired from the service for allegedly participating in political activities in contravention of police regulations.

Speaking this week on the 21 officers, Ms Mokhele said they were recalled because proper procedures were not followed when firing them.

“I am not saying the officers are not guilty but I am of the view that proper procedures were not followed when they were dismissed from the service.

“They must be given an opportunity to respond to charges levelled against them and let the justice system find if they are guilty or not,” Ms Mokhele said.

. . . as Letsoepa fate hangs in the balance

‘Marafaele Mohloboli and Pascalinah Kabi

A SPECIAL police investigating team has arrested two Lesotho Mounted Police Service (LMPS) members in connection with the disappearance of Police Constable (PC) Mokalekale Khetheng in a move with seismic implications for Police Commissioner Molahlehi Letsoepa who is currently negotiating exit terms with the government.

Impeccable sources told the Lesotho Times yesterday that a third LMPS member had also been arrested in Maputsoe yesterday ahead of the hearing of a High Court case tomorrow in which PC Khetheng’s father wants the LMPS to be compelled to release him dead or alive.

Commissioner Letsoepa’s alleged failure to investigate PC Khetheng’s disappearance in March 2016 was among the reasons cited in a “show cause” letter from the government for why he should be dismissed two weeks ago.

Prime Minister Thomas Thabane’s spokesperson, Thabo Thakalekoala, yesterday told this publication Commissioner Letsoepa is currently negotiating exit terms with the government.

Commissioner Letsoepa, who is on a forced 90-day forced leave, last week pleaded with Dr Thabane for an early retirement to prevent the consequent loss of benefits that come with a dismissal.

However, it remains to be seen if Commissioner Letsoepa’s wishes will be granted given that some sections of the government want the top cop to “account” for his alleged transgressions since his appointment on 3 November 2015.

In addition to allegedly failing to probe the Khetheng case, Commissioner Letsoepa is also accused of failing to probe the 30 August 2014 killing of Sub-Inspector Mokheseng Ramahloko and the 25 June 2015 fatal shooting of former Lesotho Defence Force (LDF) commander Lt-Gen Maaparankoe Mahao.

Sub-Inspector Ramahloko was on duty at Police Headquarters during a 30 August 2014 LDF raid on Maseru police stations.

Dr Thabane, who had fled to South Africa on the eve of the raid, described the operation as an attempted coup. However, the LDF said it was a special operation to foil a LMPS plan to give civilians firearms for use during a Lesotho Congress for Democracy protest march that was scheduled for 1 September 2014.

Lt-Gen Mahao was shot dead by his erstwhile LDF colleagues on 25 June 2015 in Mokema, with the military claiming he was resisting arrest for allegedly plotting to overthrow the army command.

However, Lt-Gen Mahao’s family has accused the army of killing him in cold blood basing on the account of his nephews who were with him during the incident.

The Dr Thabane-led government has since wrung changes in the LMPS since its inauguration in June this year, with Deputy Commissioner of Police Holomo Molibeli being appointed acting police commissioner last month, which is seen by those privy to matter as a precursor to taking over from Commissioner Letsoepa.

The shake up in the police has also seen the recalling of 21 LMPS members who were sacked for various reasons by Commissioner Letsoepa.

PC Khetheng was stationed in Mokhotlong and last seen being arrested by his colleagues at a feast in Sebothoane, Leribe on 25 March 2016. This is according to papers filed on 18 July 2016 by his father in the High Court case to compel his bosses to release him dead or alive that will be heard tomorrow.

PC Khetheng had been arrested and charged on allegations he torched the house of his superior in Mokhotlong district where he was deployed.

He was allegedly last seen with Inspector Mofolo, PC Ntoane, PC ‘Mabohlokoa Makotoko and Senior Inspector Matona.

Inspector Mofolo and PC Ntoana – were arrested in Leribe yesterday by a special investigating team.

Police claim he left the Hlotse police station without permission and they did not know where he was. But the Khetheng family argues that the police must know where he is because they arrested him.

According to sources privy to the matter, the investigating team yesterday travelled from Police Headquarters in Maseru to Hlotse, Leribe to get a police docket on PC Khetheng’s disappearance.

“Upon arrival, the investigating team arrested Inspector Mofolo and PC Ntoana and drove back to Maseru with them,” said a police source.

Another source added: “They were asked to travel with the investigating team to help the police with investigations as they try to get to the bottom of PC Khetheng’s disappearance.”

LMPS spokesperson, Inspector Mpiti Mopeli, last night confirmed the arrests, although he would not be drawn to divulge names.

“Two police officers have been brought in to help police with investigations though we may not disclose their names and this is not just them as there are other people who are also helping to this effect. Investigations are still ongoing,” he said.

PC Makotoko was among the 21 recalled LMPS members that had been fired by Commissioner Letsoepa.

She had been fired for misconduct after challenging in the High Court of her transfer to Tlalinyane Police Post in Leribe district.

In her court papers, PC Makotoko claimed that after arresting PC Khetheng, they were ordered by Inspector Mofolo not to take PC Khetheng to the Hlotse holding cells.
They however took him to the same Hlotse police station where he was later driven away.

PC Makotoko said a day after the arrest, she received numerous calls from colleagues asking where PC Khetheng was. She said she became suspicious and asked Inspector Mofolo who had ordered them not to take Khetheng to Hlotse.

PC Makotoko said she did not believe her superior’s explanation and later heard rumours that Khetheng had been killed.
PC Makotoko further said she was called to the Law Office in Maseru where she was asked to lie about the arrest and disappearance of PC Khetheng, but she refused and eventually dismissed for misconduct.

IT can never be over-emphasised that any government must do everything in its power to engender public confidence and it would appear that the four party coalition is going out of its way to do just that.

The new government came to power in the aftermath of the 3 June 2017 snap elections.

The governing parties’ pre-election promises centred on the observation of the rule of law as well as implementing the recommendations of the Justice Mpaphi Phumaphi-led SADC Commission of Inquiry that was set up in the aftermath of the fatal shooting of former army commander, Maaparankoe Mahao in 2015.

Lt-Gen Mahao was fatally shot by his colleagues on 25 June 2015 just outside Maseru. The Lesotho Defence Force (LDF) subsequently announced Lt-Gen Mahao was resisting arrest when he was killed, which the family has dismissed as untrue.

The Mahao family accused the army of killing him in cold blood basing on the account of his nephews who were with him during the incident.

The 10-member commission carried out its investigations between 31 August and 23 October 2015 and recommended, among other things, that government should investigate the killing and prosecute those found to be responsible.

The previous Pakalitha Mosisili-led administration was accused of dragging its feet in implementing the SADC recommendations which included investigating his killing and prosecuting of those found to be responsible.

However, the new government has shown a determination to bring the matter to finality and as we report elsewhere in this edition, the Mahao family is confident that justice will finally be done.

The family said this after a recent meeting with Defence Minister, Sentje Lebona, who also wanted to return the late Lt-Gen Mahao’s personal belongings which were still in the army’s possession.

We also report is another unrelated development that Police and Public Safety Minister, ‘Mampho Mokhele, revealed that government recalled twenty-one police officers because the previous regime did not follow the proper procedures when it fired them.

The officers were recalled to work on 19 July, 2017 following a directive by the-then Acting Police Commissioner Keketso Monaheng.

They were fired from the police service by embattled police commissioner, Molahlehi Letsoepa allegedly for various offences ranging from misconduct to participating in political activities.

Speaking this week on the 21 officers, Ms Mokhele said they were recalled because proper procedures were not followed when firing them.

“I am not saying the officers are not guilty but I am of the view that proper procedures were not followed when they were dismissed from the service.

“They must be given an opportunity to respond to charges levelled against them and let the justice system find if they are guilty or not,” Ms Mokhele said.

This is just as it should be that procedures must be followed.

Accused people must be given an opportunity to respond and the accusers have the responsibility of proving their case beyond reasonable doubt.

It is therefore encouraging to see the government pursuing such steps, first in seeking to resolve a long-standing issue which has attracted international attention and secondly by following the correct procedures with respect to the police officers’ case.

There is still a lot that needs to be done to ensure Lesotho finally becomes a nation that is synonymous with the rule of law.

Constitutional, administrative and security sector reforms need to be fully implemented as recommended by SADC.

The scourge of corruption must be tackled and eliminated from all spheres of public life.

But given such small but highly significant actions, government has started down the road of building public confidence in its ability to walk its talk.

It is certainly refreshing to report such positive news.

What the LLA pension tells us

Nthakeng Pheello Selinyane

SO the 24-year old wailing of the Lesotho Liberation Army (LLA) of the Basutoland Congress Party (BCP) which is the parent party of all Lesotho’s Congress parties in one way or another, has for the first time fallen on sympathetic ear of a government that has given it a war veterans’ pension. This comes 26 years after the guerrilla outfit which was putatively formed to wage a war of felling the Basotho National Party (BNP) government of Morena Leabua Jonathan between 1979-85, was disowned by the worshipped BCP leader Ntsu Mokhehle in Maseru in 1991 saying among others, “I never asked anyone’s child to follow me into exile”, and “I never carried anyone on my back”.

This was after the leader said in a media interview that the LLA had been dissolved, igniting fury among its members whose fate remained unknown as they were not mentioned in the arrangements and agreements for the return of Dr Mokhehle and his followers from exile beginning in 1989, mediated by the Council of Churches between Mokhehle and the military regime of 1986-93.

It is now legend that the BCP abroad had broken up into the Mokhehle-led group which consorted with the apartheid South Africa where the LLA was hosted, trained, and armed as a surrogate to military sabotage of Lesotho’s economic installation, killing politicians and engage the Lesotho Paramilitary Force (LPF) in skirmishes; and one led by his secretary Koenyama Chakela who was assassinated after returning home to tell the story of betrayal in 1980. Later anecdotal accounts of the LLA operatives revealed the LLA could have been split down the same lines, with the Vlakplaas faction and the Qwaqwa faction. Thus it came to pass that when the BCP had settled in government in a one-party parliament of 1993, some segments of the LLA were secretly infiltrated into ill-fitting slots in the civil service, which were awkwardly and suspiciously named Reconciliation Officers in odd place like border management, transport and traffic, district administration; while others were left in the cold. By the time of the burial of one LLA stalwart Ts’eliso Rapitse in Mafeteng in 2003, his homeboy and deputy prime minister, who had been on cabinet since 1993 Lesao Lehohla placated the indignant veteran mourners with a promise that the LLA Veterans Association (LLAVetA) correspondence on their grievances was on the prime minister’s desk and action on them imminent.

When a decade later in 2012 the Lesotho Congress for Democracy (LCD), which was a BCP majority splinter of 1997, was unseated after 15 years in power, the LLAVetA had nailed its colours to the mast of former deputy prime minister A.K. Maope’s Lesotho People’s Congress (LPC), which formed part of a six-party bloc of pro-government parliamentary opposition but was bungled, and the veterans missed the train yet again thanks to the early collapse of the Letsema coalition. When the LPC broke up as a co-governing party, under the weight of sponsoring the state excesses that have since been exposed by the Phumaphi Commission, substantially contributing to the early collapse of the Khokanyan’a Phiri second coalition government, the LLAVetA announced that it was forming its own party to contest the June 2017 snap elections, citing a quarter century of betrayal, but ultimately chickened out. This was after 10 years of a supposedly pro-poor Congress crusade which waged an unprecedentedly precipitous, most vulgar campaign of division of the nation, by naming civil society, rival political parties, the clergy and media and even resident diplomatic and intergovernmental bodies as “MaNazi”, equating all these sectors en bloc to an evil that deserved only suppression and elimination including death.

Yet this crusade failed its most self-sacrificing, gallant devotees and defenders in the LLA, even as late as under the 2015 second coalition government, which was supposed to be the moment of ultimate deliverance. These men could only be evacuated from the eternal condemnation to pauperism by those whom their masters dubbed MaNazi, whose genetic makeup supposedly destined them only to subject the Basotho, especially Congress loyalists, to eternal misery for their pressure. Almost immediately upon the landmark award of this pension in the Budget Speech, some expressions of indignation flowed into the social media, mainly a voicing of disgust at a supposed reward of terrorism. This is all in order, if you use as a yardstick the existing literature and known history of apartheid, declared as a crime against humanity, and the harnessing of the LLA in the execution of apartheid’s Total Onslaught Strategy – and the fact that these men have never come clean about their part therein.

We have to remember and accept, however, that the processes of atonement and self-expiation in such histories belong to the realm of politics and politicians; and if the political elites of the BCP and all the ruling Congress parties, first denied and then disowned the LLA, and ran these men from pillar to post over 24 years as bearers of the state, there was no way the men themselves could do that and have it validated as part of a credible national reconciliation process. Second, we shouldn’t allow emotion to run ahead of intellect of common sense here: the handlers or masters of these men have been draped with the cloak of custodian of our national democratic state and its values, they make laws and exact taxation on the entirety of the citizenry, and they enjoy state pensions and burial upon death- they don’t incur the ordinary expenses of working persons because of the honour of office we have bestowed on them over a quarter century. Why shouldn’t the men who were simply their errand boys be viewed and treated as outcasts? And remember, we’re talking about persons who were made to omit a huge chunk of their youthful and productive life and go on a wild goose chase of “liberating” the country, who were hoodwinked in the most naïve, passionate, gullible, and intrepid age. We can ill afford for now to apportion moral judgment to their motives or consequences of their actions. These are happenings which are baggage of ourselves as a people, not its shades and segments, and the unqualified acceptance and embrace would seem to acknowledge the same. This does nothing more than acknowledge that a nation which allows itself to walk through that bog might also not choose to wash only it angles and shins but not also its soles and toes. It isn’t done at the expense of justice for the benefit nor at the expense of any part of the community to the joy and benefit of another; since such actions aren’t covered in statutes of limitations, nor is this gesture officially declared as foreclosing the same. I could even say the debates it rakes points to the urgency of resolving this bleak watershed period in our national history, and putting it to rest in a manner that satisfies the conscience of the entire nation, but most importantly the aggrieved. There have also been raised questions about “forgotten” victims of the LLA campaigns, which cut across the “great political divide and include some among their peers and political principals, and these all still need a holistic revisitation.

Mr Selinyane’s views are his own and do not reflect the views of the Lesotho Times.

. . . as Thabane also appoints principal secretaries

Pascalinah Kabi

PRIME Minister Thomas Thabane has re-appointed Moahloli Mphaka to his old job as government secretary (GS), two years after the latter was fired by the Pakalitha Mosisili-led seven-party former government.

Mr Mphaka served as GS in the first Dr Thabane-led coalition — which governed Lesotho from 2012 until 2015 — but he and other principal secretaries (PSs) were fired by the Dr Mosisili-led former government which came to power after the February 2015 snap elections.

However, Dr Thabane’s All Basotho Convention returned to power after it combined its 48 seats with those of the Alliance of Democrats (nine), Basotho National Party (five) and Reformed Congress of Lesotho (one) to form government after the 3 June 2017 snap polls.

This paved the way for the re-appointment of Mr Mphaka and other officials this week on Tuesday.

“The office of the Government Secretary informs the nation that in terms of Section 139 (1) and (2) of the Constitution, the Right Honourable Prime Minister has appointed the Government Secretary, Principal Secretaries and the Director of General Public Service Assessment Center respectively,” reads part of a press release from the GS’s office.

PSs from two ministries, Communications, Science and Technology as well as Water Affairs, were not appointed. Dr Thabane’s Press Attaché Thabo Thakalekoala told LeNA the appointments would be made soon without elaborating.

However, the appointments have drawn criticism from Gender Links Country Manager, ‘Manteboheleng Mabetha who called on government to give women more leadership roles. Only six out of the 25 new appointees are women.

“It is disappointing that women representation is continuing to decline in leadership positions, especially in government, with a very low percentage of women representation in the recent appointments of PS,” Ms Mabetha said, adding that it was more depressing that the appointments were done during an African Women’s Month.

Women’s Month is celebrated in August as a tribute to the more than 20 000 South African women who marched to the Union Buildings in Pretoria on 9 August 1956 protesting against the extension of pass laws to women in that country.

With this year’s theme centred on the inclusion of women in decision-making positions, Ms Mabetha said this should have influenced the appointment of more women to decision-making positions.

“We strongly appeal to our government to give women more opportunities and use gender lenses when making critical appointments like these ones,” she said.

List of Principal Secretaries:

‘Maseithati Mabeleng (Labour and Employment), Ntahli Matete (Forestry, Range and Soil and Conservation), Tjoetsane Seoka (Gender and Youth, Sports and Recreation), Thabiso Lebese (Education and Training), Nthoateng Lebona (Finance), Lechoo Setenane (Cabinet, Administration), ‘Matieli Makhele-Sekhantšo (Cabinet, Economic Affairs), Thebe Mokoatle (Trade and Industry), Malefetsane Masasa (Social Development), Lerata Pekane (Small Business, Cooperatives and Marketing), Malefetsane Nchaka (Agriculture, Food and Security), Lebohang Mochaba (Justice, Human Rights and Correctional Services), Nkopane Monyane (Foreign Affairs and International Relations), Monaphathi Makara (Health), Tšeliso Mokoko (Local Government and Chieftainship Affairs, Soaile Mochaba (Mining), Mothabathe Hlalele (Public Works and Transport), Khomotsoana Tau (Development Planning), ‘Machabana Lemphane-Letsie (Home Affairs), Tieho ‘Mamaisane (Energy and Meteorology), Khothatso Tšooana (Police and Public Safety), ‘Mole Khumalo (Law and Constitutional Affairs), Motena Tsolo (Tourism, Environment and Culture), Tanki Mothae (Defence and National Security), Lefu Manyokole (Senior Private Secretary to the Prime Minister and Taelo Ntsokotsane (Director of General Public Service Assessment Centre).

Deputy President Cyril Ramaphosa during a bilateral meeting with the Prime Minister of the Kingdom of Lesotho Dr Tom Thabane at the Government Complex). Deputy President Cyril Ramaphosa in his capacity as a SADC Facilitator during his working visit to the Kingdom of Lesotho. 09/08/2017. Siyabulela Duda

. . . as Mountain Kingdom tops SADC summit agenda

Pascalinah Kabi

PRIME Minister Thomas Thabane has committed to ensure that Lesotho ceases to be the Southern African Development Community’s (SADC) “bad boy” by initiating a national multi-stakeholder dialogue that would frame the mooted multi-sectoral reforms.

Dr Thabane says the country’s leadership “in government and leadership in the opposition” have no choice but to implement the regional bloc’s recommendations meant to bring lasting peace and stability.

The premier said this yesterday, while addressing the media with SADC Facilitator to Lesotho and South African Vice-President Cyril Ramaphosa during the latter’s one-day trip to Maseru to assess the situation in the country following the holding of the 3 June 2017 National Assembly elections.

Mr Ramaphosa also visited Lesotho as part of his preparations for the SADC Double Troika Summit scheduled for Pretoria, South Africa on 17 August 2017 where the Mountain Kingdom is expected to top the agenda.

Lesotho has been the hogging the limelight at SADC summits in recent years owing to bouts of instability that have necessitated the intervention of the regional bloc in one form or another.

Mr Ramaphosa was appointed as SADC facilitator to Lesotho following the escalation of tension and deterioration of the security situation in Lesotho that was described by Dr Thabane as an attempted coup on 30 August 2014.

This was after the Lesotho Defence Force (LDF) raided three key Maseru police stations leaving one police officer dead. The raid triggered a chain of unsavoury events that led to the collapse of Dr Thabane’s first coalition government and the intervention of SADC and other international bodies to bring back political stability in Lesotho.

The 25 June 2015 killing of former LDF commander Lt-Gen Maaparankoe Mahao by his erstwhile colleagues also resulted in the establishment of a SADC Commission of Inquiry led by Justice Mpaphi Phumaphi of Botswana.

Among its recommendations was that government should investigate the killing and prosecute those found to be responsible. It also recommended constitutional, security and public sector reforms to bring lasting peace and stability.

SADC also established a 10-member Oversight Committee in July 2015 to monitor the implementation of its decisions regarding the political and security situation in Lesotho

The committee was also tasked with providing assistance in the implementation of constitutional, security and public sector reforms in Lesotho.

Lesotho held its third parliamentary elections in five years on 3 June 2017 after the Pakalitha Mosisili-led seven-party coalition government failed to serve its five-year term after losing a 1 March 2017 National Assembly no-confidence vote.

Dr Thabane’s All Basotho Convention, the Alliance of Democrats, Basotho National Party and Reformed Congress of Lesotho cobbled together the 63 seats they won in the elections to form government.

The 6 March 2017 dissolution of parliament after the no-confidence vote put on hold the multi-stakeholder reform process the country had started in 2016 at the instigation of SADC.

The envisaged reforms cover governance, security sector and other areas and are aimed at deepening democracy and creating last stability which is conducive to economic growth.

Dr Thabane said the country’s leadership, across the political divide, was intent on following through on the SADC recommendations.

“We have no choice now as the leadership in Lesotho; by leadership I mean leadership in government and leadership in the opposition, but to listen to what SADC says and do it because it is the right thing,” he said.

“When we have had problems, we have called SADC to help us. When we are doing something that is not quite correct and SADC says it is not correct, we must give them an ear.

“SADC are not children, they are our friends, they are our colleagues, they are our comrades, and they are people with whom we happen to be in the same region and therefore share the same problems, breath the same air, drink the same water.”

The premier indicated that the government could not countenance a continuation of Lesotho’s making the headlines at SADC summits for the wrong reasons.

“As leader of the government group, I assure you that we will do everything to stop being the bad boy of SADC. Enough is enough.

“We want to assure you that when next you come, you will be coming to celebrate not to worry so much about our problems which as I said, are terribly solvable. We promise to stop being the bad boy of SADC.”

Accompanied by SADC Oversight Committee on Lesotho chairperson, Retired Justice Frederick Wereme, Mr Ramaphosa held meetings with members of the government, leaders of opposition parties, the college of chiefs and civil society stakeholders. The meetings were meant to chart a way towards the full implementation of SADC decisions on constitutional and security sector reforms.

Mr Ramaphosa said he discussed the modalities of the holding of the multi-stakeholder dialogue meant to create a framework for implementing security, constitutional, media and public service reforms.

“We are very pleased to have received a report from the honourable prime minister that the government of Lesotho is determined to move ahead with the holding of the multi-party stakeholder dialogue where these issues that have been raised by SADC will be addressed,” he said.

“We are very pleased to have heard that it will be as inclusive as possible. And in fact that the process is already underway and the process will be led by Basotho themselves.

“It will be a home-grown process; it will be organic with SADC playing a supportive role.”

Mr Ramaphosa added: “That pleases us exceedingly and we will be able to table a very forward-looking and positive report to the SADC summit as both the facilitator as well as the Oversight Committee and inform the leaders of the region that Lesotho is now firmly on the road to embracing stability and that Lesotho is firmly on the road of implementing the Phumaphi Commission recommendations as well as embarking on the constitutional, security reforms, media reforms and public service reforms that were identified by the Double Troika of SADC as key issues that will enable Lesotho to move up the ladder and be a very stable democracy.

“We are very happy with the way things are going now in Lesotho and I think we can look forward to great progress being made as the Multi-Stakeholder Dialogue process moves on.”

Mikia Kalati

LESOTHO was treated to dismal performances by its three representatives at the just-ended International Amateur Athletics Federation (IAAF) World Championships in London over the weekend.

Just like at the Rio Olympics in Brazil in 2016, the hopes of the nation were pinned on sprinter, Mosito Lehata and marathon runners, Lebenya Nkoka and Tšepo Mathibelle.

However, the trio failed dismally as Lehata was disqualified for a false start in the heats of the 100 metres race while the marathon duo failed to finish their race.

This was very embarrassing particularly in view of the fact all three are experienced campaigners.

To have top marathon runners failing to complete a race tells a story of athletes that went to a major competition without proper preparations.

It is not the first time it has happened and I do not think it is for the last time it will happen as long we don’t get our act together.

It comes from the incompetence in our sports associations where administrators are just happy to travel the world with athletes getting allowances without any care for the poor performances.

Lehata’s standards have dropped drastically since he reached the final of the 2014 Commonwealth Games in Scotland.

The national 100m and 200m record holder has failed to live up to the promise that he showed in his early 20s.

I understand that injuries have also hampered his progress but I also blame the Lesotho Amateur Athletics (LAAA) and the Lesotho National Olympic Committee (LNOC) for his shortcomings.

In 2014, LNOC sent Lehata to Mauritius on the Olympic Solidarity Scholarship with the aim of preparing him for major competitions.

In the first place, I do not think Mauritius was a suitable country for a top athlete to undergo training of any kind because they are not a sporting country.

I understand they have good facilities at the Training Centre where Lehata was based but countries like Jamaica and United States of America would have been better destinations, given their reputation for consistently producing top athletes.

Being in Jamaica or USA would mean that he would compete and live with top runners and I have no doubt that it would have worked wonders for him.

I also understand that there are financial implications and in that case, South Africa would have been the best option on the continent.

They have the facilities and their athletes continue to shine on the big stage.

A good example is their sprinter, Akani Simbine, whose star now shines brighter than that of Lehata even though the latter used to beat him every time they competed against each other.

Those who follow athletics will remember the recent showdown between the two sprinters at the 2016 African Senior Championship in Durban where Lehata claimed silver and Simbine got bronze.

But it has been a different story since then with Simbine enjoying more success than Lehata.

I believe this has to do with the good support systems that the South African enjoys.

Apart from the financial support that Simbine has Lehata, there is more professionalism and hunger to succeed from our neighbours especially in sporting codes such as athletics.

In Lehata, we are talking about an athlete that in 2013 finished first ahead of Jamaican sprint legend, Usain Bolt, during the heats of the 200m event at the 2013 World Championships in Moscow, Russia.

This says a lot about the potential he had at that time and I am adamant that if his scholarship had been in a country like the USA, he would have gone on to be among the best.

I think there are a lot of factors that contributed to his downfall and that was evident when an athlete of his calibre could not even win a medal at the 2015 All Africa Games in Congo Brazzaville.

It was one of those years where Lehata was overworked and running in every competition.

Proper management of athletes and their bodies is one area where we are still way, way behind as a country.

This is all because we have administrators that want to stay in power forever and do not want to make way for fresh ideas.

Getting scholarships for our athletes to train and live under better facilities abroad is a very good initiative but it becomes a problem when you take them to countries like Mauritius who do not even have top athletes themselves.

For marathon runners, we know that countries like Ethiopia and Kenya are the best and it would be best to take our long distance runners to any of these countries for training.

Again, we should be in a place where we have two or three more young athletes coming after Lehata to take over from him when he decides to call it a day.

Lesotho’s inability to make development of young talent a priority was exposed at the recent World Youth Championships in Kenya where we had just one representative.

The best thing to do in this situation would be to expose our athletes to international competitions while they are still young like South Africa does.

I hope this is a lesson for LAAA and they will man up for their incompetence.

It is a shame that our athletes cannot finish their races at every major competition like the Olympics and World Championships.

It is totally unacceptable and I hope the Lesotho Sports and Recreation Commission will come up will solutions to end the incompetence within the associations.

Mikia Kalati

LEGENDARY marathon runner, Thabiso Moqhali, says Lesotho’s poor performance at the recent World Championships in London is a reflection of shambolic state of the administration of athletics in the country.

The trio of sprinter, Mosito Lehata and marathon runners Lebenya Nkoka and Tšepo Mathibelle all disappointed in London.

Lehata was disqualified for a false start in the heats of the 100 metres semi-finals while the marathon duo failed to finish their races.

And Moqhali, a 1998 Commonwealth Games gold medallist blamed the lack of proper administration structures for the poor performances.

“The first thing you notice is that those athletes did not have coaches and that is a big mistake to start with,” Moqhali said.

“There is no one to give direction to the athletes and assess if they are in a good shape to compete.

“You need to put the right systems in place for the athletes to be able to complete.

“We need to have coaches to share their expertise with athletes, we also need medical experts such as physiotherapists to monitor their physical condition.

“In short, we have got administration issues and that is affecting the performance of athletes,” he said, adding the athletes were not psychologically prepared for the championships.

Moqhali said the athletics body needed to go back to the drawing board and chart a new course.

“The association cannot give you their plan. Athletes go to competitions without proper preparations.

“This is why the top marathon runner (Motlokoa Nkhabutlane) who recently broke my record turned down the offer to compete in London after being informed about it at short notice.

“He knows that it takes a lot of hard work and preparations to go to such a stage and perform well.”

Moqhali also weighed in on the top sprinter Lehata’s run of poor form, saying he should not have been sent to train in Mauritius but rather to a country with a pedigree in athletics.

“I really think that he has overstayed in Mauritius and it is not helping him.

“When I asked about it I was told that they tried move him, but there was no budget for that,” Moqhali said.

Mikia Kalati

FORMER Orlando Pirates and Moroka Swallows midfielder, Thapelo Liau, has broken his silence on long standing claims that he turned down call-ups to play for Likuena during his playing days, describing the reports as untrue.

Liau this week told the Lesotho Times that although he was eligible to play for either South Africa of Lesotho on account of the fact that he was born in Soweto to Basotho parents, he was a proud Mosotho who would have chosen the latter and everyone in South Africa knew of his roots in the Mountain Kingdom.

The retired midfielder who was known for his silky skills at giants, Orlando Pirates, Ria Stars and Bloemfontein Celtic, said “there was never a time I received a call-up to play for Lesotho and I turned it down”.

“I do not remember any coach calling me to be part of his team and I turned it off,” Liau said.

“I am glad that I finally have a chance to tell the real story and I have never made it a secret that Lesotho is my home and I would have loved to represent the country if such an opportunity had come but it didn’t.”

Liau said he could have got a chance had the late Ntate April ‘Style’ Phumo remained a coach of Likuena when he was at the peak of his career playing for the likes of Ria Stars and Pirates.

He however, said he had no regrets that he never got a chance to play for Likuena and he was happy to have fulfilled his dream of playing football at the highest level in South Africa.

He said he was recruited to the now defunct former Lesotho champions, Arsenal by the late Phumo where he came through the ranks as a 15-year old until he returned to South Africa.

Liau also played for the then Khubetsoana side, The Birds, that campaigned in the lower divisions.

He cited the case of Paballo Mpakanyane who helped secure a move to then South African premier league side, Tembisa Classic as an example of his commitment to assisting Basotho.

“I also always communicated with Katleho Moleko when he was still in South Africa and helped wherever I could but you have to understand that I am not a coach and cannot sign them for clubs.

“I am not involved in coaching but I am among a group of legends that work on community projects scouting for young talent across South Africa and if a chance presents itself to help players from Lesotho I will be happy to do so.”

The 40-year old said he legendary former Linare playmaker Thulo Leboela was his greatest inspiration.

“I enjoyed matches featuring Linare and I would go anywhere to see him in action. He was a marvel to watch.

“I still respect him and I was honoured that he also came to see me in one of the matches during my still playing days.

He also said he watched Likuena during the regional COSAFA Cup in June and he was impressed with what he saw.

“I watched them when they lost to Zimbabwe in the COSAFA Cup. They played very well and I was impressed with their fighting spirit.

“I really think the future looks bright. It is high time Lesotho had a professional league. The government and big companies must put more money into the development of football.

Mikia Kalati

BANTU assistant coach, Bob Mafoso, says new boy Johannes ‘Tower’ Molapo has what it takes to step into the shoes of retired defender and long-time captain, Tlali Maile.

The defender reunites with Mafoso after they worked together at Sandawana two years ago.

Maile announced his retirement at the end of last season and it looks like Bantu have found the suitable replacement in Molapo who impressed in the pre-season Alliance Winter Challenge over the weekend.

Mafoso this week told the Lesotho Times that Molapo has the attributes to inherit Maile’s mantle although he still had a lot to do to reach the latter’s level.

“He is in the same mould as our former captain,” Mafoso said.

“He was also captain at Sandawana and his conduct off the field is very impressive. I have no doubt that if he keeps his feet on the ground he could captain the national team in future.”

Despite his impressive showing during the weekend, Mafoso said the new defender would have to earn his place as they had a solid defence that helped them win the league title.

“We had a formidable back four last season that helped us win the championship and it means that the new defender will have to push them hard to get his place in the team.

“The challenge for the new players is to add value and improve the squad.

“It is a squad that has quality but at the same time needed to be reinforced to be able to cope with the demands of a long season,” he said.

Mafoso said new acquisitions like Tsietsi Motšeare who was outstanding for Sky Battalion and Thabo Matšoele among others will give them depth ahead of a busy campaign that includes participation in the African Champions League.

“Generally, we are happy with what we have though there is one player that we wish to also add even if he is currently injured.

“Unlike last season, this time we have two players fighting for each position and it gives us stability and a better balance.

“An example is our striking department where a player like Mokone Marabe is raising his hand for a starting berth in every game he plays and Lazola Tjojokoane is also fighting to be in the team.

“There is more competition now with the arrival of Motšeare and it is good for the team,” he said.

Lioli star, & Likuena forward Tumelo Khutlang hopes of securing a contract at South Africa First division side Mthatha Bucs have hit the rocks and the player is set to return back home

Mikia Kalati

LIOLI star forward, Tumelo Khutlang’s hopes of securing a contract at South Africa First Division side, Mthatha Bucs appear to have fallen through amid indications that the player is set to return home.

Sources close to Mthatha Bucs told the Lesotho Times that the club’s coach, Ian Palmer, was against the signing the Likuena international as he was not impressed with the Tse Nala forward during their pre-season training.

Khutlang joined Bucs’ pre-season camp in Durban, South Africa a few days after playing for Likuena in the African Nations Championship (CHAN) against Comoros. He had impressed officials of the Eastern Cape team that were scouting for players at the regional COSAFA Cup.

He was one of the stand out players at the regional competition where Lesotho were knocked out in the semi-finals by Zimbabwe.

The left-footed winger was also outstanding for Tse Nala in the 2016/17 season where they won the LNIG Top 8 and the Independence Cup.

Lioli president, Lebohang Thotanyana, this week told this publication that Khutlang’s was uncertain at this stage after they were informed that the player had failed to impress at Bucs.

“Yes, I received that information from them though nothing is official at this stage, Thotanyana said.

“This is a situation where a player was spotted by officials of the club, only to find that the coach has a different opinion on his abilities.

“They cited fatigue as one of the problems and that the coach was not impressed though some officials of the team were happy with what they saw.

“But we still waiting for them to make the final call on whether or not they are taking the player.”

Khutlang played in all Likuena games starting with the 2019 Africa Cup of Nations qualifier against Tanzania in June, the COSAFA Cup as well as the two-legged African Nations qualifiers against Comoros.

The reinstatement of Mosito as president of Court of Appeal

THE rule of thumb of good governance is that public appointments and dismissals should be done in good faith and without malice and a vendetta. Those who forget this rule often unwittingly work against their own interests. They look petty and foolish at the end.

This is the case about the concerted effort to block the appointment of Professor Kananelo Mosito as president of the Court of Appeal of Lesotho. It is the same crew which mounted an unprecedented campaign to finally remove him from the Court of Appeal in the dying days of the Mosisili regime. No strategy or tactic was spared including setting up things akin to a kangaroo court to impeach him.

So great was the venom of this gang, that even when Justice Mosito resigned, they were not happy with that. They, contrary to the law which indicates that resignation aborts the process, still insisted on the issue of a bizarre gazette dismissing him as president of the Court of Appeal. It was the usual small headedness as a result of an acute inferiority complex which drove them. Small minds could not stand to have a qualified jurist who was not dependent on patronage and a scramble for legal fees from a captured government.
This crew thought finally it had succeeded to get rid of Justice Mosito in the judicial system in Lesotho, but it had miscalculated. Justice Mosito was reinstated a week ago in a government gazette following the demise of the Mosisili regime. It was in one sense the most emphatic rebuke of the gang which included political opportunists, lawyers and some foreign judges who served in the Court of Appeal before Justice Mosito was appointed in January 2015.

But more critically, it was a rejection of the appointment of a crew of retired South African judges who were always called upon by people with vested interests in the outcome of the impeachment of Justice Mosito. Perhaps the greatest favour of all to Basotho was the broadcast of the proceedings of the Tribunal which had been assembled to impeach Justice Mosito, by PC FM. It brought to the fore that the Tribunal did not even approximate one which sought fairness and truth. It was truly a Kangaroo Court, which did not even disguise its ultimate objective of getting rid of Justice Mosito. The government side did not even have to present evidence in the normal way. The Tribunal sought evidence and prevented Justice Mosito and his lawyers from challenging such evidence.
Justice Mosito’s reinstatement is a welcome development but we have to understand the nature of the campaign to prevent him from assuming office and also the subsequent one which resulted in his removal in spite of his resignation. How did this conspiracy begin? What was driving this crew?

Ganging up against Mosito’s appointment
The conspiracy to block Justice Mosito to become the president of the Court of Appeal probably started soon after the vacancy in the office occurred. This was caused by the resignation of Justice Michael Ramodibedi who was facing several cases of impeachment ahead of criminal charges which had been spelt out in his impeachment. The public, however, only came to know about the manoeuvres in December 2014 when five lawyers wrote a well publicised statement querying the appointment of Justice Mosito as the president of the Court of Appeal. The five lawyers, namely Salemane Phafane, Motiea Teele, Karabo Mohau, Zwelakhe Mda (all King’s Counsel) and Attorney Qhalehang Letsika; issued a statement ahead of the appointment challenging Justice Mosito’s appointment. Among other things, the five lawyers argued that government could not make such a crucial decision as it would only be in power on a caretaker basis following the dissolution of parliament on 5 December 2014.

If the five lawyers had only raised the propriety or not and not the legality of appointing senior personnel when the government is in a caretaker mode, their case would have been politically understandable. The lawyers also urged Justice Mosito to decline the appointment, noting: “Accordingly, we advise our learned colleague who has been approached, to take a principled position not to accept this appointment.
“We wish to remind him that in countries such as Kenya, judges appointed in similar controversial circumstances have been forced to resign. It is a fate we do not wish to be visited upon our learned colleague.”

This was the beginning of the public spat which later went on to concretise into a two-year campaign to remove him from office. The threat that if he did not decline the appointment he may be forced to resign was clear. Theirs was not an empty threat. On the contrary, it was a promise to have him removed. The five lawyers went on to appeal to the government to stop the process of appointment of Justice Mosito.

“We appeal to the powers-that-be to avoid bringing the administration of justice into disrepute and undermining the independence of the judiciary. This is because judicial officers serve important roles in ensuring human rights are protected and that all citizens have recourse in the courts of law in the event such rights are violated.”
Other than to refer to an earlier case where Justice Mosito had represented or provided legal opinion to the prime minister, there was nothing tangible about their fear of the administration of justice being undermined. It was just a political talk which masked personal interests of some of those who challenged Justice Mosito’s appointment. Indeed, in a later statement, the five lawyers ended up conceding that theirs was not about competence but timing of the appointment. At the time of his appointment, Justice Mosito was not only an academic lawyer as Dean of the Faculty of law, but was president of the Labour Appeal Court and had been in several panels of the Court of Appeal before. He was thus eminently better qualified than any of the people who questioned his appointment.

Later, after Justice Mosito was appointed, his antagonists told a journalist that they would challenge the appointment in the court of law. They did not except to the extent that all but one of those emerged as legal representatives of Attorney-General Tšokolo Makhethe when he attempted to have the appointment nullified.

With intimidation having failed, the next stage was two pronged. First was the sudden resignation of five South African judges in the Court of Appeal. These were Justice Douglas Scott, Justice Craig Howie, Justice Wilfred Thring, Justice Roger Cleaver and Justice Ian Farlam. Whether that was in protest over Justice Scott who had been acting as president of the Court of Appeal was not confirmed, or whether that was an attempt to cripple the court, is not relevant. The critical point is that the mass resignation had a demonstrative effect to the populace and also the legal fraternity. The spectre of a collapsing judicial system was powerful. It was a shameful thing to do for judges who had participated and enforced the awful apartheid state laws in South Africa. Justice Mosito’s appointment, even if they objected to it, did not approximate the wrongs of the system they enforced over decades in South Africa.

The mass resignations from the Court were exacerbated by the apparent reluctance of the Judicial Services Commission to fill the vacancies. Even after the president of the court had taken the initiative to identify suitable candidates, the Judicial Services Commission declined to make appointments. That had the unfortunate result of destabilising the court. Only in October 2015 were cases on appeal held with one session having been cancelled. Only the outcry by the broader public forced the hand of the Judicial Services Commission to act.

A fascinating development is that after Justice Mosito was removed from office after a long campaign, three of those judges who resigned in mass, re-emerged with Farlam as acting President. The others are Louw and Cleaver. It will be fascinating to see if their consciences will now lead to their second mass resignation now that Mosito has been reinstated. But even at the personal level, one wonders how they will feel after their previous disgraceful conduct. This is more pertinent since a certain Mamello Morrison, who was Mosisili’s Senior Private Secretary, went on radio a few weeks before the June 2017 elections, stating that government has its loyal judges in South Africa who would be on standby should the Lesotho judges make adverse judgements against the government. (Maburu a rona a melomo e mefubelu a standby).

The second path that was followed by Justice Mosito’s protagonists was to attempt to nullify his appointment through the courts of law. Attorney-General Makhethe launched a constitutional case on among others, that cabinet had not blessed the appointment. He lost both in the Constitutional Court and on appeal to the Court of Appeal. The interesting matter here was that the attorney-general’s legal team was composed of four of the five lawyers who had originally cried foul when they got wind that Justice Mosito was going to get the nod for the president of the Court of Appeal. Perhaps as a sideline, we later found out that one of the five lawyers who felt aggrieved had been touted as the president of the Court of Appeal. It could therefore have been a question of sour grapes for one of them.
The moral bankruptcy of both the five lawyers and the attorney-general was later to be revealed when they did not raise a finger when six weeks before the June 2017 elections, another South African judge, Robert Nugent, was appointed as President of the Court of Appeal by the outgoing government. This is a case which Attorney-General Makhethe facilitated. It was a case of all hands on deck to prevent the possibility of Justice Mosito being reappointed by the successor regime. It failed. This campaign did not stop after the legal collapse and shameful mass resignation of judges. It was carried to another level to fulfil the promise by the five lawyers who objected to Justice Mosito’s appointment to force him to resign like judges in Kenya as they said. They sought to find fault in order to disqualify him as a judge.

Mosito’s ouster and reappointment
After losing in court and also having lost out in preventing the appointment of new judges into the Court of Appeal, the anti-Mosito crew now sought to find other ways of dislodging him. The entry of Director of Public Prosecutions (DPP) Leaba Thetsane became the central pillar of the new efforts to get rid of Justice Mosito.

Advocate Thetsane now sought to have Justice Mosito charged with a delay to register and pay taxes with the Lesotho Revenue Authority (LRA). This was despite the fact that there was no complaint from the LRA. Indeed, during the impeachment process masterminded by the attorney-general, the LRA did not present any evidence against Justice Mosito. Documents from that body were accepted by the Tribunal without anybody in that organisation presenting or authenticating them. It was a bizarre process which had only one object, to get rid of Justice Mosito at all costs. But more importantly, the efforts were meant to oust him and taint him with a criminal record in order to ensure that he would not return to the bench.

It is remarkable that two senior judicial officers, the attorney-general and the DPP colluded to remove Justice Mosito from the bench. Was it as part of a common purpose with the five lawyers in December 2014 who had threatened to have Justice Mosito removed? This can’t be farfetched in view of the fact that in all the cases which both the attorney-general launched to nullify Justice Mosito’s appointment there were always those same lawyers representing his office. It is also significant that the same team represented Advocate Thetsane when he challenged his retirement late in 2014.

While Adv Makhethe facilitated the impeachment, Adv Thetsane pursued the prosecution which could only take place after the impeachment process had taken its course. All the above were achieved with specially recruited South African prosecutors and retired South African judges. Thus while a vicious panel was assembled to impeach Justice Mosito no matter what, Adv Thetsane was also assembling his South African prosecutors who would present their case to South African judges. While the former process had run its course, the latter still has not. The justice system which is run by people with personal vendettas serving a decaying regime of Mosisili had everything to fear from an eminent jurist who was not indebted to them. They hounded Justice Mosito out of office to serve personal egos and used a sycophantic South African band of prosecutors and judges to achieve their objectives. At the end, Justice Mosito had the last laugh. They will continue to lick their wounds but one of Mosisili’s worst injustices has been righted. Justice Mosito is back and lesothoanalysis heartily congratulates him.

Congratulations Professor Mosito for your worthy appointment. You endured a lot as they hounded you out, but you did not despair but continued to prosper. You go back to serve in the courts after your deserved promotion in the university to a new professorial rank. Welcome!!!

• This article was originally published on Prof Sejanamane’s blog lesothoanalysis.com His views do not necessarily reflect the views of the Lesotho Times.

Nthakeng Pheello Selinyane

SOME remarks by the former Lesotho Defence Force (LDF) commander, military ruler and later beleaguered leader of the Basotho National Party (BNP) Major-General Justin Metsing Lekhanya on the promised security reforms (“’Dialogue should precede security reforms”’, Lesotho Times 27 July 2017) sound suspiciously dangerous even if apparently innocent.

They, therefore, beg some form of interrogation and rebuttal. He properly proposes that security reforms must be preceded by an all-stakeholder national dialogue. Yet he places undue emphasis on the importance of including the security forces, positing that they have the needed experience of being in government; and complaining “they are forced to remain silent even when they foresee problems”. This proposition is handicapped at three levels. First, a rogue army staging a coup or even a “revolutionary, patriotic” army staging a revolution might not pretend to put forward its experiment at national administration as a template for democratic governance – no army is meant for that or inducted in that, hence every military regime uses pliant professors and other intelligentsia to rule on behalf of “the people” in a republic and on behalf of “the king” in a monarchy, as happened here.

Second, security reforms are a conjuncture where the community decides patterns of subordination and control of its forces, and accounting for the spinoffs or fallout therefrom, i.e consequences of its choices – not where the forces negotiate the tailoring of the field with the community and its elected (political and civil society) representatives.

Third, though that isn’t its space at all, the LDF doesn’t have any recent history of being forced to remain silent even where it foresaw problems. On the contrary, it spent the years 1994 – 1998 chasing the ruling Congress politicians including killing the deputy prime minister while being apparently shielded by the state. From between 2007 and 2016, it was chasing the All Basotho Convention (ABC) in opposition and in government alike, including forcing its leader, Prime Minister Thomas Thabane and his police and army chiefs into exile in the August 29, 2014 coup attempt, and ultimately killing Lt-Gen. Maaparankoe Mahao whom the LDF Congress handlers/ clients equated with the ABC for their project. Its repeatedly self-promoting, criminally multiply-named commanders told the Phumaphi Commission in 2015 that they had since arrogated to themselves the responsibility to determine the legitimacy of the prime minister and government, and times to obey or defy him.

The major-general claims that the security forces are constrained to accept the current changes of command, and the envisaged reforms programme, because they are formally employed and budgeted for by the incumbent civilian authority.  This is an unfortunate and mercenary posture, if true, and tragic to issue from the throat of one of such status.  In any case, the 2012/15 government was still paying them, and so was the 2015/17 one, yet they stood up to their civilian overlords in both cases. The forces should follow the coattails of the civilian authority because they think and accept it as their professional call of duty, their oath of life and death, to do so. How you arrive at that is a different question, but the clever answers of the LDF commanders at the Phumaphi Commission show that they are quite capable of internalising the same; after all that has been their lifelong training in a number of developed jurisdictions.

I wish to further challenge the major-general’s three-pronged claim that (i) politicians crave security forces’ absolute support and don’t care much for voters’ support; (ii) this renders it self-contradictory and near impossible to depoliticise the forces whose members have become card-carrying party members; and (iii) until the new inclusive electoral model was adopted, a loser of national elections could just go to the barracks and pick up arms to retain power. Wrong: (a) this naughtily promotes military self-deception, whereas all parties formally subscribe to electivity as the basis for managing national affairs – and this includes the Congress that incites the forces’ insubordination when in opposition, and prosecutes terror when in power; (b) while we have no studies of party affiliation of the forces save to know the political, even anti-government, rumblings of commanders at military parades dictating voting patterns and hatred for other commanders; there is actually nothing wrong with such identities being known as long as the forces relate to the rulers only as instruments of the state and nothing else – in the US, for example, the army traditionally votes Republican Party but has always remained professional; (c) nowhere in the world does a “loser” politician enjoy a thoroughfare to breach national armoury; and in the 1998-2002 transition it wasn’t  true for “any loser” politician (even if you take it figuratively), but it took a coincidence of a particular complexion of political opinion with a chosen incline as well as material and strategic interests of the top command. It was a tango of a politician and a soldier.

The answer to why the major-general conveniently shaves the army (command) off this tango, and makes it remain a solo act of a “loser” politician, is found in his explanation of army violence on society as simple boyish skirmishes gone wrong, and his prescription that security reforms simply require that civilians change their contemptuous attitude to the army as their protector and defender.  For an elderly statesman, we cannot be stronger than say he isn’t being truthful. The 2007 Military Intelligence head and 2012 LDF commander Lt.-Gen. Tlali Kamoli confessed in my July 2007 interview that his then on-going kidnap-and-torture expedition targeted the ABC. My various other published interviews revealing intricate details of politically-inspired LDF violence on citizenry of various identities remain unchallenged.  Reform calls were triggered not by tavern-brawl clashes of army and civilian teenagers; but by a fomenting of an abortive coup, ultimate felling of a government and murder of an ostracised former commander – all proudly sourced by the army from a Facebook page of an explicitly seditious publisher who was housing the main opposition overtly inciting insubordination of the army.  Major-General Lekhanya dismissed as silly and unnecessary Lt-Gen. Mahao’s murder and the pretexts thereof. The tragedy and surrounding circumstances cannot go unmentioned in assessing security reforms’ prospects.

Even outside these eminently political escapades, the national chief prosecutor found cause to charge (to no avail) elements of the army criminally for such incidents as the cold-blooded killing of those Mafeteng boys; and obstruction-of-justice compacts of conspiracy of silence were notoriously rammed down throats of poor bereft families like that of Lisebo Tang. After May 2015, all reported and publicly witnessed cases were routinely brushed aside and rubbished by the Public Affairs Office of the LDF and the LCD and LPC spokespersons almost stepping into army shoes. Ultimately, the army embedded itself in the police, kidnaping and torturing opposition activists while the police “public relations” desk justified the crimes.

We must stress that prosecuting justice in these cases isn’t in itself a reform; just as removing the rotten police apex, reversing malicious dismissals and promotions, and instantly solving the criminal disappearance of Police Constable Mokalekale Khetheng isn’t reform. It is simply indicative of the political will and boldness of the civilian authority to subject the forces to its dictates as the first move towards prosecution of such reforms. That is why it is dangerous of Major-General Lekhanya to even faintly suggest that security reforms must be negotiated with the forces, although I welcome their “voices” the same way I wouldn’t go about curriculum reform without involving students.  Yes, many observers, activists and other role players await with bated breath a visitation of justice on the army excesses, which many view as a shot in the dark, a testing of uncharted waters, indeed a Rubicon moment stubbornly waiting to test the collective resolve and unity of purpose of the four ruling parties.

The deputy prime minister was forced by public outcry to change from calling for a “general amnesty” covering the Phumaphi Commission-named soldiers and their maliciously detained and self-exiled victims, to saying they should instead all be put on trial. This was all thanks to the Commission inexplicably recommending “amnesty” for the victim men it cleared, apparently to placate the authorities who explicitly supported the suspects. Major-General Lekhanya has  on radio advised Prime Minister Thabane to avoid “hitting the beehive with a fist” in going about reforms – like Lt.-Gen. Kamoli ominously warning Thabane, in a 2012 pass-out ceremony speech, that the army was a bee that could sting if mishandled. In a media briefing to announce the founding of the coalition government, that he wasn’t interested in abolishing the army, the prime minister also joked that disbanding  men under arms would be risking death – a line which had been harped on by the DC and LPC spokesmen in parliament and private radio over the preceding week. The top-heavy, fugitive sections of the LDF command will be looking to build on these utterances as a construct of their platform in negotiating their fate going into the reform process.

A popular, forward-looking multiparty government should dispense with criminality in the forces without elevating it to a price for purchase of the reforms. To walk into that space, the LDF’s decorated criminal corps needs a political voice to carry its cause in cabinet as in the 2012 coalition, or the government to vacate its space as in the 2015 coalition – and both governments were felled by the same two-facedness.

Mr Selinyane’s views are his own and do not reflect the views of the Lesotho Times.

ANOTHER Southern African Development Community’s (SADC) summit beckons next week, with Lesotho once again expected to hog the limelight.

Hearteningly, it is not for delinquency that the Mountain Kingdom will find itself on top the regional bloc’s agenda list, but for holding relatively free, fair and transparent elections. Even though some opposition parties have contested the outcome of the polls, citing alleged voting irregularities, the elections were regarded as credible by most observers.

Lesotho will also top the agenda at the SADC summit in Pretoria, South Africa for its commitment to implement multi-sectoral reforms meant to nip the bane of instability in the bud.

The 6 March 2017 dissolution of parliament after the no-confidence vote six days earlier had knocked the wind out of the reforms sails because the focus was shifted to campaigning for the 3 June 2017 parliamentary elections.

And now that the elections are over, we can have an all hands on deck approach to implementing the reforms which encompass the security, constitutional, media and public service sectors.

We cannot agree more with Prime Minister Thomas Thabane’s assertion that Lesotho should cease being SADC’s “bad boy” and become a constructive member of the bloc.

In a story we publish elsewhere in this edition, Dr Thabane assured SADC Facilitator to Lesotho and South African Vice-President Cyril Ramaphosa that the Mountain Kingdom was determined to shed the ignoble tag of bad boy of the regional bloc.

“As leader of the government group, I assure you that we will do everything to stop being the bad boy of SADC. Enough is enough.

“We want to assure you that when next you come, you will be coming to celebrate not to worry so much about our problems which as I said, are terribly solvable. We promise to stop being the bad boy of SADC.”

That can only be achieved by a sincere commitment by all stakeholders including the opposition. These reforms are ultimately for posterity and not just for the political lives of the current gladiators.

These sentiments are in keeping with the pleas made by this column and many Basotho for a paradigm shift in how we politick for the sake of future peace and prosperity.

Last month, Thaba-Bosiu Principal Chief Khoabane Theko observed that we have become a nation at war with itself owing to our political differences. He said these differences had become a blot on our collective consciousness that needed to be erased for the sake of future generations.

The fight for political power has left the country and its people in a dire situation, and requiring the intervention of SADC to help restore stability.

However, as belabored by this column, only a home-grown political solution can bring about lasting peace. It is conventional wisdom that a successful political dialogue has to be initiated by the ruling parties, with opposition political parties and other stakeholders then coming on board.

In the case of Lesotho, the seven-party coalition government should use its political dominance to be magnanimous and initiate national dialogue in which implementation of the Phumaphi inquiry recommendations and related developmental programmes are scrutinised and improved on.

Of necessity, the national dialogue would also need to address past human rights violations through truth-telling for the healing process to succeed.

A fundamental paradigm shift is thus needed for Lesotho to become self-reliant and not rely on the so-called development partners for everything. That the mostly arid Botswana has over the years donated food aid to a Lesotho teeming with water should not be a cause for celebration but great embarrassment.

Dialogue is certainly the way to go to ensure lasting peace and prosperity.

MC Mavele

Mohalenyane Phakela

THREE local acts are set to perform at the Lesotho Invasion show in Ezulwini, Swaziland from tomorrow until Sunday.

The three, , DJs Harris T,  Sir Schaba and MC Mavele will rock the Swazi night scene alongside Swazi acts such as BaBa, Mtsepisto, Spinner, Lady Cream, Wacko and Ntobuys. The event will have two dancefloors- one for Hip Hop and the House, Kwaito and Naija tunes.

One of the Swazi organisers, Mkay this week told the Weekender that the show was not only aimed at bringing quality entertainment but also returning a favour where Swazi Deejays (Snoop, Stitch and Bandile) were featured in a show in Lesotho five years ago.

“We chose acts we trust will blow our customers away as their music selection and style speak volumes of their creativity,” Mkay said, adding, “We were also looking for a different vibe, something that we do not hear often and we thought this crew was fit for the job with their Afro/Naija beats and deep house selections”.

“We also incorporated the MC element of the crew to bring in that energy that Fridays and Saturdays at PubnGrill Gables are known for.

“We have two dance arenas set up this weekend. The Lesotho crew will be performing on Saturday and Sunday, handling the main stage while local DJs will be handling a second dance arena. The aim is to cover everyone’s musical taste with this amazing line-up, from Dancehall to Hip Hop, Afro Beats, Gqom, Electro and Trap.”

Meanwhile, Mavele said they were honoured and humbled by the recognition and they would do their best to fly high the national flag.

“As the show is titled Lesotho Invasion we are the main acts and therefore we have to do our best to ensure that we exceed the expectations.

“One does not need to relocate from their country to achieve international recognition but if they are able to make noise in their own backyard then surely the neighbours will pay attention. This proves that Lesotho’s talent is gradually spreading beyond South Africa and it is up to us to put more effort in our craft so that we can go global, Mavela said, adding the organisers spotted him when he performed at the Botswana-Lesotho-Swaziland (BOLESWA)   Intervarsity Bash in March this year.

For his part, Harris T said he would treat the event as if it were a competition for the first prize and he would do his best to entertain the audience.

Mohalenyane Phakela

UP-AND-COMING reggae and dancehall artiste, Sensi Rankings is set to perform alongside other African artistes at the Africa Reggae Music Awards in Johannesburg, South Africa from 28 to 29 September 2017.

Other African countries billed to Sensi Rankings is to grace the awards include Patoranking (Nigeria), Wyre (Kenya), Winky D (Zimbabwe) and Skeleton Blazer (South Africa).  Jamaica’s Gentleman will be the guest star.

An excited Sensi this week told the Weekender that he was aiming to make the most of his debut appearance at the event and clinch some international collaborations on future projects.

“I landed this gig through Powertainment Reggae Sound, South African-based Basotho-owned company whose owners I first met in 2015 during the Reggae Festival in Leribe where I performed alongside Ragga Vybz Sound System,” Sensi said.

“They fell in love with my craft and called me again when they brought Turbulence and Mega Banton from Jamaica to Victoria Hotel in April this year and we agreed to work together after that. This will be my first gig with them.

“I have impressed international acts including Jamaican Sizzla when he came to Lesotho in 2015 and so I also believe my performance will be loved by many.

“My dream is to go global so I hope to land collaborations with some of the artistes such as Wyre and Patoranking who are from Africa but have managed to penetrate the overseas market.”

Sensi opened for Sizzla at 4Fordy in September 2015 and reportedly impressed the Jamaican star with his performance.

The 32-year-old musician emerged in 2005 as a gospel singer under Yadah Praise Family which he left in 2007. In 2008 he enrolled in a two year vocals and percussions programme at Creare International Arts School in Bloemfontein, South Africa before moving to Johannesburg.

“In Johannesburg, I worked with the likes of Mapaputsi, Jah Seed and Junior from Boom Shaka but I decided to return home in 2014.

“That was not giving up but I just wanted to establish myself in my own country first. We end up seeking a better life in other countries due to the fact that the government is not doing much to uplift the arts. Government could foster relations with established music houses such as EMI and SONY who can help us grow,” he said.

. . . as local groups invited to global showcase

Mohalenyane Phakela

LOCAL choirs have been invited to register for next year’s World Choir Games in Pretoria, South Africa from 4 to 14 July 2018.

Organised by the Interkultur Foundation, the games emphasise participation above winning. The aim is to inspire people to experience the strength of interaction, develop the personality and community through song. It is mainly designed for amateur choirs from all over the world, regardless of their race, genre of music or artistic ambitions, with its motto ‘Singing together brings nations together’.

This will be the first time that the world’s biggest choir competition will be held in Africa and local choirs have been invited to participate along with those from other African countries.

Choirs wishing to participate are expected to register before the closing date of 15 September (at a discounted price) or the final closing date which will be on 1 December this year. The official registration documents and other details can be found of the website www.wcg2018.com.

The biannual choral showcase was hosted for the first time in 2000 in Linz, Austria. It was subsequently held in Busan (South Korea), Bremen (Germany, Xiamen (China), Graz (Austria), Shaoxing (China), Cincinnati (USA) and Sochi (Russia).

About 30 000 singers representing 70 countries are expected to converge in Pretoria for 11 days of unique and memorable experiences and cultural encounters.

Interkultur’s Director of Programmes, Alta Mare, this week told the Weekender that it was important for African choirs to participate in order to develop relationships with choirs from the rest of the world.

“The rights holders of the 10th World Choir Games have always had the dream to host this event in Africa,” Mare said, adding, “We have always had choirs from Africa but the representation was mostly from Nigeria and South Africa”.

The University of Stellenbosch from South Africa holds the top spot as number one choir in the world since 2012 and number three choir is Akustika Chamber Singers from Pretoria.

“Registering for the event enables conductors and choir managers to select a worthy repertoire that will be not only be representative of the choir but their country as a whole. This allows a full 10 months of preparation and hopefully performances to the standards expected by the audience.

“The choirs will be judged by some of the best conductors and composers in the world. Daily sing along sessions in the amphitheatre will allow networking with many choirs and singers from around the world and to top it all off each choir will have learned three new African pieces.”

Mare said they aimed to ensure more choirs from Africa participated and called upon the media in Africa to help publicise the event.

Mare also said that the event is open to all amateur choirs who have a passion for singing and music. The following participation options are available:

• The Champions Competition: This is for choirs with international competitive experience and/or comparable credentials. You can qualify by participating in an evaluation performance prior to the event.
• The Open Competition: Choirs, regardless of their present artistic level of achievement, have the opportunity to gather valuable experience in an international competition.
• Non-competitive evaluation: This is a category for choirs who do not wish to compete. A panel of international experts will provide a joint evaluation of your 15 minute programme and then discuss the outcome with the choir in an open and amicable atmosphere. Performance coaching and recommendations will be given for future participation in international competitions. The choirs will receive an official certificate of participation.
• Individual Coaching sessions: This allows participants to perform with their choir in a session with an internationally respected choral music expert who will then rehearse one selected piece with the choir to provide new artistic ideas and impetus. Choirs will be presented with certificates and recommendations for future participation in international choral competitions.
• Friendship concerts: This is collaboration with other choirs in public venues in and around the city of Pretoria and even across venues in South Africa. These public concerts provide opportunity for each choir to present their musical traditions and costumes of their native land. Choirs, instrumental groups, and dance companies not participating in any other category can choose to only participate in multiple friendship concerts.
• World Festival Singers: In the closing ceremony, under the title Choral Fireworks, a unique combination of a massed choir consisting of 1000 singers, joined by soloists and orchestra, will perform a number of folk songs from all continents, popular songs, and the Jazz Hallelujah and We are the World stimulating audience participation to conclude this brilliant event.
• Workshops: A series of workshops, seminars and open rehearsal sessions will be on offer. During these workshops, choirs, conductors, and individuals will be introduced to international choral literature, singing styles, and performance practices. Mixing with other singers, getting instructions from renowned experts in the choral industry and performing together will expand and offer new choral experiences.
• Special Conductors’ Programme: In the event that you cannot bring your whole choir to be part of this exceptional event, the World Choir Games team will be offering a specially designed Conductors’ Programme. This programme aims to expose the conductor to the world of international competitions and events. This will include an introduction to the World Choir Games concept, network opportunities with conductors and choirs from around the world, rehearsals of the World Festival Singers where applicable, workshops and special discussions with the world class jurors.

For his part, Interkultur’s Director of Tourism Services, Christian Grosch, said that a special package has been designed for Lesotho and Swazi choirs to prompt participation.

“Payments can be done in the South African Rand (as opposed to Euro) and packages are available are lower rates than to other international choirs. This has been negotiated to assist and stimulate participation thus enabling many singers to participate for the first time ever in an international event of this size.

“Now, that the event will be held in South Africa, we expect those choirs to receive fierce competition from other South African and African choirs. Most importantly however, it is an exceptional opportunity to form new friendships with all the singers sharing the same passion for music from Africa and the world.

“This is designed not to be a once-off event. In fact, we are gearing up to have African Choir events on a regular basis going forward. Nothing similar has ever been done in Africa – for Africa,” he said.