Pascalinah Kabi

PRIME Minister Thomas Thabane has called on the media sector to work together in advocating for media reforms that would help regulate its operations, saying there was no place for exclusion of the predominant sectors such as the media in the reform process, which is expected to start soon.

Dr Thabane was speaking during a media briefing on the outcomes of a two-day 5^th African Union – European Union Summit held in Ivory Coast last month.

He said the summit appreciated the critical role played by civil society organisations (CSOs) and the media in ensuring democracy, good governance and transparency.

Dr Thabane’s comments also came after the Southern African Development Community Observer Mission to Lesotho (SOMILES) explicitly stated that the Lesotho media needed to be reformed owing to its polarisation and unprofessionalism.

Despite the need to regulate the media, the government has excluded this critical sector, which has largely been used as a weapon to deal with opponents by some politicians, thereby contravening journalism ethics.

According to a report by SOMILES, over the years, the media has been awash with stories that threatened the political and security stability in Lesotho, many of them fake news.

“Most of these stories, especially those aired over some radio stations, were proved to be malicious and unfounded. Media transformation must be accounted for as part of the broader transformation process of Lesotho’s political culture and system,” read part of the 2015 report.

Asked why the media sector was being excluded from the reform agenda following an outcry by many users regarding unethical practices by some sections, Dr Thabane said while the government has a responsibility to protect the rights and freedoms of all people, other actors should also advise on other weak areas the government should target in the reform agenda.

“It is the responsibility of all role players to ensure inclusivity of the reforms and if  the media feels it is being excluded from the reform agenda, it must quickly act and start asking questions on its inclusion in the reform agenda,” Dr Thabane said, adding the country was in the current situation due to politics of exclusion.

He charged that Lesotho must embrace inclusivity approaches that will not leave anyone behind if Basotho really need transformative solutions.

He said his government was working hard to ensure that the current developments included all stakeholders, adding, he was ready to take action in the event of senior government officials who may push for policies of exclusion, at times due to lack of knowledge on the importance of issues including the role played by the media in fostering good governance; and respect and protection of human rights.

He emphasised that investing in the media sector was a “smart investment” explaining that could only happen if both government and a united media acted in concert.

“I will ask a blatant question, are you as a media united in such a way that I can say to the world, this is the consolidated Lesotho media submission on this matter when I am confronted in New York? Are you in that position? I am not asking to corner you, I am asking so that we do self-introspection.  Have you reached that stage, if you have not when do you intend to do so?”

Dr Thabane explained it was in the media’s best interest to work together in the development of a consolidated Concept Paper that would assist in guiding and informing the way forward in terms of its reformation.

“Let us be in this together and become partners on this journey. As the government, we think this is a serious issue and we should all be in concert,” he said.

Also present during the media briefing was the Government Secretary, Moahloli Mphaka, who pointed out that while the media may not be reflected during discussions on various platforms, it was part of a holistic reform process.

He said the government will soon outline the final reform agenda, which will include the media.

However, giving a brief on issues that emerged during the Ivory Coast Summit, Dr Thabane said the forum agreed that the army, police and national intelligence were an integral part of good governance with emphasis that the misuse of security agencies could cause grievous harm to any nation.

Giving Lesotho as an example, following the assassination of army commanders, Maaparankoe Mahao and Khoantle Motšomotšo, he said there was no military government in Lesotho.

“This government is not a military government, it is elected by the people through democratic elections. As of the military, they are a part of the administrative structure under government, and this also includes the National Security Services and the Police. They all answer to their ministers,” Dr Thabane said, adding that it was important that they understood their roles as there was no sensible investor that could invest in a country where soldiers kill their commanders.

He further said the summit highlighted that good governance and transparency attracted foreign investors and therefore leaders must work hard to create and maintain conducive environments for economic growth.

Dr Thabane said creation of such environments for economic growth also demanded that governments adopt zero tolerance approaches on corruption.

He said with regards to his government, his campaign to eliminate corruption was not going to spare anyone, regardless of their positions in government.

“We need to have a listening post, to avoid victimization and so that people can be free to blow the whistle on corrupt practices that have sadly become part of our society,” Dr Thabane said.

He said they were going to reform the army, the police and the intelligence and make sure there was implementation; and effective monitoring and evaluation mechanisms, which was of utmost importance.

Dr Thabane said there was rampant corruption in various sectors of the government. “I am not only warning those that are corrupt to stop their bad tendencies but also saying we are taking action by putting in place mechanisms that will help us to robustly fight corruption.”

Tefo Tefo

INVESTIGATIONS are continuing into the near-fatal shooting of the Lesotho Times Editor, Lloyd Mutungamiri, in July last year, the Magistrate’s Court heard yesterday.

The progress report in the case in which five army officers are facing the attempted murder charges was presented before the Magistrate’s Court by the Maseru District Public Prosecutor, Gcinimusi Tshabalala.

The five are Brigadier Rapele Mphaki, Khutlang Mochesane (57) from Ha-Makhoathi, Mahanyane Phasumane (37) from Masowe, Nyatso Tšoeunyane (41) from Lesobeng, Ha-Khupiso in Thaba-Tseka and Maribe Nathane from Leribe.

They first appeared before the Magistrate’s Court two weeks ago on attempted murder charges and were remanded in custody after being told to apply to the High Court for bail.

According to the charge the five army officers shot Mr Mutungamiri at his home, Upper Thamae, in the late hours of the 9 July 2016 after he had knocked off from work.

Magistrate, ‘Mamorojele Qoo, ordered them to appear again on remand on 27 December 2017 after Mr Tshabalala yesterday informed the magistrate that investigations were continuing before a date of hearing could be set.

Mr Mutungamiri was shot and critically wounded as he arrived at his Upper Thamae home from work in the late hours of 9 July 2016 in what appeared to be a carefully orchestrated assassination attempt.

His shooting followed a rough week for the Lesotho Times during which its staff, including current Editor, Ngoni Muzofa, were summoned for heavy-handed interrogation by police and military officials over reports the newspaper had published about the Lesotho Defence Force (LDF).

Publisher and chief executive officer, Basildon Peta, was charged with criminal defamation arising from a complaint laid against the newspaper by then LDF commander, Tlali Kamoli.  A week later, Mr Mutungamiri nearly lost his life after one of the bullets shattered his lower jaw, requiring him to undergo specialized facial surgery, among other injuries.

The Lesotho Mounted Police Service (LMPS) said that its investigations had revealed that the attempted assassination of Mr Mutungamiri was an operation authorised by the army.

Commissioner of Police, Holomo Molibeli, told the Lesotho Times that their original suspicions that the army operation was probably organised after the “squabble” between the Lesotho Times and the LDF over reports carried in this newspaper about the LDF.

“The army’s dissatisfaction arose from what was said by the Lesotho Times in one of its editions sometime last year after which the LDF complained that they were not satisfied with the way the publication handled their issues.”

Lt-Gen Kamoli was also miffed by a satirical parody in the Scrutator column about the former LDF commander’s perceived influence in politics at that time.  Scrutator had joked about a hypothetical “invasion” of a cabinet meeting by Lt-Gen Kamoli to prove his power by “ordering ministers to perform push-ups”. But the former army commander failed to appreciate the spoof and instead instituted criminal defamation charges with him being cited as the main complainant.

Mr Peta is still in court over the criminal defamation charges, preferred against him in his capacity as publisher and chief executive officer of the company.

Lt-Gen Kamoli was forced to retire on 1 December 2016, in line with a recommendation by the Southern Africa Development Community (SADC) whose Mphapi Phumaphi commission of inquiry had recommended his ouster from the command of the LDF as part of a rafter of measures to achieve stability in Lesotho.

Africa Media Holdings (AMH), the publishers of the Lesotho Times, have since commended Commissioner Molibeli and the LMPS for their sterling work in bringing the perpetrators of the dastardly act to book.

Tokelo Rasephei

THE government has stepped up its rural electrification drive, with the Ha Mphukhe and Ha Ntsi villages in Machache constituency (Maseru district), Ha Koali in Mount Moorosi (Quthing district), Malibamats’o (Thaba Tseka) being the latest to benefit from the project.

This was revealed by the Minister of Energy and Meteorology, Mokoto Hloaele, during a ceremony to launch the rural electrification scheme in Ha Mphukhe.

Mr Hloaele said that his ministry had a mandate to ensure every household in Lesotho had access to electricity regardless of whether or not they belonged to their community’s electricity scheme.

He said every family had to pay M2500 for electricity to be installed in their homes, adding those who had not joined such schemes would still pay this amount in instalments whenever they purchased electricity.

Hloaele further said that 250 families in rural Machache would soon have electricity installed in their homes once Lesea Construction Company completed the wiring process.

“M1 670 254 will be used to complete the electricity installation and the running of electrical wires in the two villages of Ha Mphukhe and Ha Ntsi in the Machache constituency”, Mr Hloaele said.

A community representative, Malibe Thamae, thanked the Energy ministry for the electrification project, saying it would help reduce crimes such as burglary and ensure the community, particularly the elderly people lived in peace.

Meanwhile, Mr Hloaele revealed at Ha Koali in Mount Moorosi that the electrification project for 747 households would be implemented at a total cost of M 7 222 501.

He said that government would subsidise the cost to relieve the families so that they only had to contribute M2500 each.

“Our aim is to honour the promises we made to the nation that every family in the country has the right to electricity, clean water and food security. Therefore this is our way of giving back to the community and fulfilling our promises,” Mr Hloaele said.

Phaks Electrical and Construction Company will install the electricity in the village of Ha Koali. The Managing Director of Phaks Electrical Construction, Motsekuoa Phalole, said that they were looking forward to cordial working relations with the beneficiaries. He said they were looking to complete the project by 12 January 2018.

In Malibamats’o, the sum of M 3, 879131.96 will be used to facilitate the wiring process ahead of the installation of electricity in the three villages of Ha Ntsoha, Ha Mpeli and Ha Ts’ehla.

LR Construction, ESCON Engineering and Global Construction will do the wiring.

Pascalinah Kabi         

THE Government of Lesotho has committed M10 million to support the welfare of the Southern African Development Community (SADC) Contingency Forces deployed in the country.

The Ministry of Defense and National Security Principal Secretary, Retired Colonel Tanki Mothae yesterday told the media at a News Briefing that the money would meet the SADC team’s accommodation and basic utilities, in an effort to financially assist the regional body.

“As a host country we have a responsibility to ensure that we make thorough preparations for our visitors who came to our rescue. There is a little token we have put forward as a budget of approximately M10 million. Our efforts reflect our appreciation for the assistance provided by the SADC member states,” Rtd Col Mothae said.

He said Lesotho was responsible of meeting the accommodation, electricity and water bills for the 258-member contingency force, adding this was per the Status of the Forces Agreement (SOFA) signed between the host country and SADC Secretariat.

Rtd Col Mothae said the contingency force would soon roll-out its own programme in line with Lesotho’s request, with the training requirements for the army a key priority area.

Among its responsibilities, the SADC mission is expected to reconfigure the Lesotho Defense Force (LDF) Military Intelligence Department which has been under a lot of strain.

On his part, Ministry of Health International Health Regulations Manager, Khotso Mahomo said the contingency force met all the set international health requirements upon their arrival in Lesotho.

“The troops were screened as they came in the country as per international health regulations and Public Health Order. Frequent assessment of the camping sites was done to ensure proper sanitation and waste management,” Mr Mahomo said.

He said the contingency plan on management of illness was in place with different levels of healthcare.  All team members produced their yellow fever booklets upon arrival.

Made of 207 soldiers, 15 intelligence officers, 24 police officers and 12 civilian experts; the SADC team was officially launched earlier this month.

The deployment came following Lesotho’s request to have a SADC standby force deployed in the Mountain Kingdom following the assassination of army commander, Lieutenant General Khoantle Motšomotšo on 5 September this year.

Lt-Gen Motšomotšo, it alleged, was assassinated by Brigadier Bulane Sechele and Colonel Tefo Hashatsi, who accused him of selling them out to the police after he decided to cooperate with the SADC Commission of Inquiry decisions.

Brigadier Sechele and Colonel Hashatsi were both killed during a shoot-out with the general’s bodyguards. They were among the soldiers fingered by the Justice Mphaphi’s Commission of Inquiry, in the assassination of Lt-Gen Maaparankoe Mahao in June 2015.

Pascalinah Kabi

CABINET has adopted a roadmap for the implementation of multi-sectoral reforms which identifies immediate and long-term areas of focus.

Prime Minister’s Office Cabinet Administrator, Makhetha Motšoari, yesterday confirmed the adoption of the draft roadmap by cabinet on Tuesday.

“The roadmap document has been duly adopted as an official government document and the next process will be presenting it to parliament so that they can adopt it,” Adv Motšoari said.

He said arrangements had been made to call an urgent special parliamentary sitting so that legislators could discuss and adopt the document.

A copy of the roadmap seen by the Lesotho Times, states that constitutional reforms have been necessitated by the “absence of consensus on how to govern Lesotho including how powers should be divided”.

The document also states that “the current constitutional arrangements are not appropriately designed to manage new challenges, including, in particular, those that have resulted from the Mixed Member Proportion (MMP) electoral system” which was introduced to afford smaller parties representation in parliament.

“The government therefore emphasizes the need for an all-inclusive approach in which the entire spectrum of Basotho including all political parties and the public participate to ensure the universal acceptance of the reforms.”

While accepting the need for constitutional reform, the government also emphasizes the importance of a sensitively managed process to ensure that it does not become divisive and cause more problems for the nation.

The government further notes that while there are many positive international experiences of constitutional reform which Lesotho will look up to and some of those experiences “also show that reviewing a constitution in an inclusive, transparent and participatory manner can be a lengthy and difficult process”.

“If they are not managed sensitively, constitutional review processes can rapidly become divisive. On occasion, instead of producing constitutions that contribute to development and democracy, constitutional reform processes have led to constitutional change that centralises power or privileges the political elite.

“The Government is committed to a review process that is inclusive, consultative and efficient and leads to the best possible outcomes. Consultations will lead to a law setting out the constitutional review process and the establishment of the mechanisms or bodies that will conduct the actual constitutional review. Consensus among stakeholders will be key to the adoption of the law by parliament.”

However, the government also notes that constitutional reform is not the complete panacea to all the country’s problems, adding some of these challenges can be resolved by strengthening existing laws and transforming the political culture.

“Even as we plan for a constitutional review process, we must implement immediate and short-term administrative, policy and legislative changes which do not necessarily require constitutional changes in order to enhance stability and strengthen our institutions,” part of the document states with regards to addressing some concerns which include floor-crossing and party registration.

The government also feels issues of party funding, thresholds for representation in the National Assembly, coalition formation, votes of no confidence and caretaker governments can also addressed without necessarily resorting to constitutional reform.

The government also identifies as priority, the reform of the security sector which has been “apportioned a substantial part of the blame for the cyclical political instability in the Kingdom”.

To this end, government proposes the establishment of a national security coordination body such as a National Security Council to facilitate the security reforms. It proposes that this body be chaired by the prime minister.

The roadmap also suggests the need to curtail or at least review the powers of the prime minister which are seen as an obstacle to the independence of critical institutions such as the judiciary and ombudsman.

“It is accepted that a judiciary that is independent and that is also perceived to be independent is a key institution to secure the rule of law, promote fair and effective government and ensure stable and respected institutions.

“In this context, the appointment process for the judiciary requires urgent attention because currently the government, and particularly the Prime Minister, has a powerful role in appointments to the Judicial Service Commission and the bench. Changes to these appointment arrangements will require a constitutional amendment approved by a referendum.”

The proposed roadmap states that while long term reforms are debated, interim measures, such as opening up the appointments process through advertising positions, announcing the candidates, public interviews and vetting by a parliamentary committee must be considered.

The roadmap also notes that the ombudsman is appointed on the recommendation of the prime minister and this “undermines the confidence of the public in the ability of the Office of the Ombudsman to act impartially in relation to their complaints about the public administration”.

Government also notes that in addition to the lack of judicial independence, there are other structural and systemic problems in the justice system which have undermined the rule of law and denied people in Lesotho from having equal access to justice.

Some of these issues that need to be addressed include excessive delays in the hearing of cases and the centralization of most justice institutions in the capital, Maseru and some urban centers; lack of basic infrastructure and shortage of staff to address the high caseload.

“The net result is a slow throughput of cases, long trials and a high case backlog in a system already constrained by weak case management and poor sector wide coordination, communication and cooperation.

“The prisons are overcrowded with over 5,000 inmates of whom approximately 25 percent are pretrial detainees awaiting trial,” part of the document states.

Mohalenyane Phakela

INTERNATIONAL human rights body, Amnesty International has welcomed the trial of five Lesotho Defence Force (LDF) members in connection with the near fatal shooting of Lesotho Times editor, Lloyd Mutungamiri, as a “first step towards ensuring that justice is served”.

Mr Mutungamiri was attacked upon arrival to his home in Ha Thamae, Maseru, on 9 July 2016 and sustained severe gunshot wounds.

His shooting followed a rough week for the Lesotho Times during which its staff, including current editor Ngoni Muzofa and journalist Keiso Mohloboli were summoned for heavy-handed interrogation by police and military officials over reports the newspaper had published about the LDF.

They were summoned over a story about negotiations for an exit package for then army commander Lieutenant-General Tlali Kamoli in line with a SADC recommendation for his removal from post.

Publisher and chief executive officer, Basildon Peta, was also charged with criminal defamation arising from a complaint laid against the newspaper by then Lt-Gen Kamoli over the satirical column, Scrutator.

Two days after Mr Peta had appeared in court, Mr Mutungamiri was shot. One bullet broke two of his right-hand fingers and another shattered his lower jaw, requiring him to undergo specialized dental surgery to manage the jaw and to remove a bullet that lodged behind his left ear. He also sustained eye injuries after broken window glasses entered and cut his eyes, among other facial injuries.

The Lesotho Mounted Police Service (LMPS) said that its investigations had revealed that the attempted assassination of Mr Mutungamiri was an operation authorized by the army.

Amnesty International made the first statement on 16 July 2016 urging authorities to bring those responsible to justice and ensure that journalists in Lesotho can work freely and without threats to their safety.

On 29 November, Brigadier Rapele Mphaki, Khutlang Mochesane (57) from Ha-Makhoathi, Mahanyane Phasumane (37) from Masowe, Nyatso Tšoeunyane (41) from Lesobeng, Ha-Khupiso in Thaba-Tseka and Maribe Nathane from Leribe appeared before the Magistrate’s Court charged with attempted murder. They appeared again yesterday, and the case was postponed to 27 December with the accused remanded in custody.

The latest statement by the international human rights body mentioned that the arrest of soldiers should send a message that journalists should be allowed to exercise freedom of speech.

“This trial needs to send a clear message that the targeting of journalists will no longer be tolerated in Lesotho. The press must be allowed to do their job without living in constant fear of reprisals,” said the Southern Africa Regional Director of Amnesty International, Deprose Muchena.

“Lloyd Mutungamiri’s world has been turned upside down since the shooting. He was forced to abandon his job and flee the country. Our hope is that, through a fair, independent and impartial trial, justice will be served so journalists can carry out their work in a free and safe environment,” Mr Muchena said.

. . . as judgment deferred in court of appeal presidency case

Tefo Tefo                       

JUSTICE Kananelo Mosito will only know if he will reassume the presidency of the Court of Appeal next February after the Constitutional Court this week reserved judgment over a case in which his controversial re-appointment by Prime Minister Tom Thabane is being challenged.

A panel of three judges reserved judgment to 9 February 2018 in the case in which four senior lawyers are challenging Justice Mosito’s 1 August 2017 reappointment as the Kingdom’s top judge.

The panel was comprised of two Namibian judges, Justices Ezer Hosea Angula and Shafimane Fikameni Immanual Ueitele as well as a South Africa’s Justice Mojalefa Rampai.

Justice Mosito was initially appointed by Dr Thabane during his first tenure as Prime Minister. When Pakalitha Mosisili took over power from Thabane after the February 2015 snap elections, he began a process of removing Judge Mosito, who subsequently resigned in the wake of a tribunal into his fitness to hold office over allegations that he had evaded taxes. When Dr Thabane returned to power this year after resoundingly winning the 3 June 2017 elections, he re-appointed Judge Mosito in place of Justice Robert Nugent who had been appointed to head the apex court by Dr Mosisili.

But the re-appointment of Judge Mosito on 1 August 2017 immediately sparked a storm with four lawyers going to court to stop him from assuming office. The four are essentially arguing that Judge Mosito is unfit to hold that office because of the previous tax charges that he faced even though he was never convicted by a court of law.

The judges reserved judgment after lengthy arguments between the lawyers representing the applicants, who are the sour lawyers,  and the respondents who include Judge Mosito and Dr Thabane.

The four lawyers challenging Justice Mosito’s reappointment are King’s Counsel Zwelakhe Mda, Karabo Mohau, Motiea Teele and attorney Qhalehang Letsika.

The respondents include Justice Mosito, Prime Minister Thomas Thabane, King Letsie III, the attorney-general and the Law Society of Lesotho.

Arguing the case on behalf of the applicants (the four lawyers), Senior Counsel Guido Penzhorn said Justice Mosito was re-appointed before the court order setting aside the findings of a tribunal established to probe his fitness to hold office and establish  the stage for his impeachment.

“As of the 1st of August 2017 when he was reappointed, there was no legal challenge to the findings of the tribunal,” Advocate Penzhorn said.

Because the tribunal’s findings were later only set aside in October, Advocate Penzhorn argued that Judge Mosito should never have been re-appointed because it would have been illegal to do so then since the Judge had been found to be on the wrong side of the law by the lawful tribunal established by Dr Mosisili.

The lawyers also argued about whether or not King Letsie 111 was right in removing Justice Mosito from office, acting on the advice of the Prime Minister, after Judge Mosito had already resigned.

The argument emanated from the fact that the tribunal into Justice Mosito’s fitness to hold office submitted its report on 9 December 2016 and Justice Mosito resigned on 13 December 2016, while His Majesty removed him from office with effect from 23 December 2016 – 10 days after he had resigned.

Advocate Penzhorn argued that that was largely immaterial. What mattered most was that the tribunal had already found that he was not fit to hold office before he could tender his resignation.

“He didn’t resign because he wanted to resign, but he resigned because he was forced to do so. He had no choice,” he argued.

Advocate Penzhorn  said Dr Thabane’s decision to advise the King to reappoint Justice Mosito was consequently wrong in law because the Prime Minister was practically reviewing the tribunal’s findings and he had no authority to do so.

He said: “Unless those findings were undone by the court, they could not be undone by the prime minister.

“What the prime minister was doing was in fact reviewing the proceedings of the tribunal.

“The tribunal made findings on the 9th December and four days later he (Justice Mosito) resigned.

“The findings of the tribunal cannot be ignored until they are set aside by the court.”

When the re-appointment of Judge Mosito was done by Dr Thabane on 1 August 2017, the tribunal’s findings had not yet been set aside, making the appointment illegal.

He argued that the subsequent quashing of the tribunal’s findings in October 2017 did not have any bearing to the nullity of Judge Mosito’s re-appointment.

“Whatever happened in October cannot retrospectively change the situation as existed on the 1st of August 2017 when he was reappointed. He was re-appointed when he shouldn’t have been. So his re-appointment remains invalid”

He continued: “As at the time when the prime minister advised the King in August, those findings were not at the time set aside, making any re-appointment illegal”

He also rejected the law society’s contention that the four top lawyers did not have  the legal  right to challenge the reappointment – a legal expression known as locus standi.

He said the four lawyers had a right to seek court intervention because the law society itself had failed to take the appropriate action against Judge Mosito’s “illegal” re-appointment.  The law society is in fact supporting Judge Mosito’s re-appointment.

Advocate Eric Taurai Matinenga, representing Justice Mosito, Dr Thabane, King Letsie 111 and the other respondents, strongly rejected the arguments of the four lawyers.

Adv Matinenga – who is a Zimbabwean national – maintained the re-appointment of Justice Mosito was legitimate because the King had only removed him from office when he had already resigned, a move that was not necessary.  In any event, the tribunal’s adverse findings against Judge Mosito had been subsequently set aside. There was therefore no legal impediment to his re-appointment to the bench as there is no criminal conviction against him nor any valid adverse findings of any tribunal against him.

“Their case is based on the argument that the 1st respondent is not fit to hold office, but the Prime Minister clearly says in his affidavit that those charges – which were preferred on him by the previous government – were trumped up charges…..These charges were not in any event upheld by any court of law,” he said.

He further argued the four lawyers had a weak case because they were also seeking to use the case against Judge Mosito to fight against the  removal of Justice Robert Nugent from the presidency of the apex court, in favour of Judge Mosito, when Justice Nugent was himself not fighting against his removal  and had not sanctioned them to do so.

“Judge Nugent clearly said he did not want to be involved in the matter.

“Your Lordships are now being asked to make an academic ruling that will have no effect.

“If judge Nugent had wanted to challenge his dismissal, he was free to do so,” he argued.

Justice Nugent was removed from the position as Justice Mosito was simultaneously reappointed to the seat on 1 August, 2017.

However, Advocate Matinenga was overruled when he sought to rely on  supplementary affidavits to introduce the judgment of the High Court in which it quashed the findings of the tribunal against Justice Mosito as well as the  High Court judgment of 25 October 2017 clearing Justice Mosito of the tax evasion charges.

The court held that it was against the rules of the Constitutional Court rules to bring a supplementary affidavit without making a substantive application to seek permission of the court to do so.

The lawyer representing the law society,  King’s Counsel Hopolang Nathane, argued briefly that the four lawyers did not have a right to challenge the reappointment of Justice Mosito on behalf of the country’s legal practitioners.

He said the law only gives powers to the law society to act on behalf of legal practitioners.

The judges reserved judgment to 9 February next year after saying they needed time to consider the matter.

’Marafaele Mohloboli

OPPOSITION parties have dismissed last Saturday’s protest march demanding Justice Kananelo Mosito’s swearing-in as Court of Appeal president saying it is a political ploy to meddle in the judiciary.

The protesters, who included legal practitioners and ordinary Basotho, demanded Justice Mosito’s swearing-in as the top judge “with immediate effect”.

The petitioners also gave Prime Minister Thomas Thabane seven days, from last Saturday, to order Justice Majara to swear-in Justice Mosito “failing which she must be suspended pending impeachment proceedings against her”.

The petition was handed over to Law, Constitutional Affairs and Human Rights Minister, Lebohang Hlaele, who said Chief Justice Nthomeng Majara either had to resign or face an impeachment tribunal for corruption over a controversial M27 000 per month rental deal.

Democratic Congress chairperson, Motlalentoa Letsosa, told the Lesotho Times in an interview this week that the independence of the judiciary was under “serious attack” by the government.

Mr Letsosa, who was Law, Constitutional Affairs and Human Rights minister in the Pakalitha Mosisili-led previous government, said the judiciary needed to reflect the ethos of “incorruptibility, fairness, rule of law and independence”.

“The judiciary is under attack and it is very disheartening to hear a whole minister making such sick utterances about the judiciary,” he said.

“The judiciary has been robbed of its independence and the only thing that it has to do is to stand against such talk in order to protect its integrity.”

Mr Letsosa added: “A judge is not appointed based on political affiliation. That protest march held on Saturday was a political move to meddle in the judiciary.

“Politics and the judiciary don’t go hand in hand at all. This is a smear campaign against the judiciary. The minister has clearly declared war against the judiciary.”

Lesotho Congress for Democracy spokesperson Teboho Sekata echoed the sentiment saying Mr Hlaele’s remarks “prove that the government has lost the plot”.

“This means they have now robbed the courts of their autonomy. This is one of the gravest mistakes they have made and we know that they already have someone tipped for that position,” he said.

Popular Front for Democracy leader, Lekhetho Rakuoane, supported the view, saying: “The government has crossed a red line. The judiciary may become compromised and won’t be in a position to dispense justice without fear or favour because they will be operating under duress.”

For his part, National Independent Party leader, Kimetso Mathaba, chimed in saying: “It is quite astonishing to hear a whole minister labelling members of the judiciary as politicians. In our time as the government, we always wanted to believe that the courts of law were independent.”

• Justice Majara accused of corruption, political bias
• High Court acting registrar also under fire over Justice Mosito

’Marafaele Mohloboli

THE government has told Chief Justice Nthomeng Majara to either resign or face an impeachment tribunal for alleged corruption over her controversial M27 000 per month house rental deal.

So out of favour is Justice Majara that the government of Prime Minister Thomas Thabane has now branded her an “incompetent” who stood no chance in her bid to represent Lesotho at the International Criminal Court (ICC).

The pique towards Justice Majara by the government and its supporters was laid bare last Saturday during a protest march in Maseru by scores of Basotho demanding the swearing-in of Justice Kananelo Mosito as Court of Appeal president.

Justice Mosito was re-appointed as Court of Appeal president by Prime Minister Thomas Thabane on 1 August 2017, almost a year after he had been forced to resign to avoid impeachment over tax evasion charges by the  then Pakalitha Mosisili led  coalition government.

Two weeks after his reappointment, four lawyers lodged a High Court application challenging the validity of his appointment.

The four, Attorney Qhalehang Letsika, King’s Counsel Karabo Mohau, Motiea Teele and Zwelakhe Mda argue in their constitutional application that Dr Thabane did not follow due process when he advised His Majesty to re-appoint Justice Mosito.  They essentially allege that Judge Mosito is unfit to head the top court. Judgment on the case will be made next February

The protesters, who included legal practitioners and ordinary Basotho, delivered their petition to Law, Constitutional Affairs and Human Rights Minister Lebohang Hlaele and other senior government officials.

In the petition, they accuse Justice Majara of collaborating with the four lawyers in efforts to frustrate Justice Mosito’s swearing-in.

They argue that the four lawyers had not applied for an interim order to stay the swearing-in, yet Justice Majara went on to advise Prime Minister Thomas Thabane against the swearing in.

Justice Majara is “hell bent in granting stay through the back door to the four lawyers who did not even ask for it”, the petitioners charged.

They also claim that she is part of a team that includes outgoing Director of Public Prosecutions Leaba Thetsane, former attorney-general Tšokolo Makhethe and “some” High court judges which wants to “capture the entire judiciary for their personal and political battles”.

The petitioners gave Dr Thabane seven days, from last Saturday, to order Justice Majara to swear-in Justice Mosito “failing which she must be suspended pending impeachment proceedings against her”.

Mr Hlaele pulled no punches when addressing the protestors, saying Justice Majara either had to resign or face an impeachment tribunal for corruption over a controversial M27 000 per month rental deal.

Justice Majara has come under criticism for moving into a house belonging to Justice Teboho Moiloa, rented to her by her fellow High Court judge.

The High Court has been accused of flouting procurement regulations and conflict of interest regulations since the house belongs to the chief justice’s colleague.

Since the chief justice is entitled to only M4 000 housing allowance, the M27 000 being paid for the house is almost seven times more than her legally allowable limit.

An audit report on the judiciary by the Ministry of Finance’s internal audit division has recommended a review of Justice Majara’s rental deal.

The report directed the High Court Registrar, who is its chief accounting officer, to get the equivalent monthly reimbursement of M23 000 that was being paid on the house by the judiciary from Justice Majara.

However, it remains unclear if this has been done.

In addition to the audit report, Justice Majara has also been accused of appointing Justice Moiloa to act in her position when she was away on several occasions, even though there were other more senior judges.

“The only advice that I have for her is to go,” said Mr Hlaele.

“She should resign. Otherwise, she will be put before a tribunal to face harsh punishment for stealing people’s money. It is a punishment befitting her actions because she has called it upon herself.”

The minister said when Justice Majara approached the government seeking support for her bid to represent Lesotho at the ICC, they played along even though they knew “she had no chance”.

Located in The Hague, Netherlands, the ICC is the court of last resort for the prosecution of genocide, war crimes and crimes against humanity. It was founded on an international treaty, the Rome Statute, which came into effect on 1 July 2002.

“When she approached us, we looked at one another and supported her bid halfheartedly because we knew we had nothing to lose,” he said.

“We already knew that she would not make it because she is very incompetent. Her mind is more focused on corruption than serving the people.”

Mr Hlaele added: “She only got 37 points and the winning candidate got all 88 points because she was not up to scratch. This was God’s response to the hurts and pains she has caused to the people.”

The minister also took aim at High Court Acting Registrar Lesitsi Mokeke for “sabotaging” Justice Mosito’s swearing-in by lobbying judges against it.

“We have heard that Mokeke was having sleepless nights running around lobbying judges not to support the swearing-in of Professor Mosito. I just wonder what lies he was telling his wife for not sleeping at home. The good thing about him is that he is merely acting,” Mr Hlaele added.

The ministry’s Principal Secretary, ’Mole Khumalo, yesterday told this publication that they were yet to make a move against Justice Majara.

Efforts to contact Justice Majara this week were fruitless.

For his part, Mr Mokeke said he was out of the country and could not comment.

Mohalenyane Phakela

THE government has ruled out establishing a truth and reconciliation commission (TRC), saying they would leave the courts of law to prosecute people implicated in various acts of violence.

The TRC was initially envisaged as a forum for perpetrators of violence to “come clean” by speaking about their past transgressions and requesting amnesty from prosecution. Lesotho has been bedevilled by bouts of political and security instability characterised by numerous unresolved crimes such as murder.

In Africa, the court-like restorative justice body was established in South Africa — after the abolition of apartheid in 1994. It was also set up in Sierra Leone in the wake of the 11 year civil war in the West African nation in 1999.

The four-party governing coalition mooted establishing a TRC upon attaining power in June this year, with Deputy Prime Minister Monyane Moleleki saying it would “give all those who had erred a chance to come clean”.

Former deputy premier, Mothetjoa Metsing, also called for a TRC to address infractions committed since 2007.

However, Communications, Science and Technology Minister, Joang Molapo, this week told the Lesotho Times the government would no longer take the TRC route but ensure that those implicated in various criminal acts are prosecuted.

Chief Molapo, who is government spokesperson, indicated that “the root of reconciliation is in the truth which will be found in the courts of law”.

“A TRC is not a possibility, and we are not interested in that discussion,” he said.

“All that what we want is for those people with cases before the courts to answer for themselves in order for justice to be served, and so that we can reconcile through the truth.”

The minister said members of the previous government were advocating for a TRC to avoid prosecution for crimes they had been implicated.

“The people who are calling for the TRC are the same ones that rejected the Amnesty Bill when they felt secure in power.

“They only became advocates of the bill when they realised that power was slipping away from them. They don’t want to face the consequences of their actions.”

The South African Development Community (SADC), which has dispatched security and intelligence experts to Lesotho to stem the country’s perennial instability, also intimated that Lesotho may attain lasting peace and stability by establishing a TRC.

However, Chief Molapo stressed that a solution for Lesotho’s instability woes lay in the envisaged multi-sectoral reforms. Lesotho has embarked on the implementation of constitutional, parliamentary, judiciary, media and other reforms at the prompting of SADC to nip the perennial instability in the bud.

“The reforms process is important in that it will set the country on the right path in ensuring peace and stability for the next 50 years,” he said, adding that the opposition is trying to throw spanners in the reforms.

“The government’s hope and expectation is that every stakeholder will be around to contribute in reconciling the country. Countries that are friends of Lesotho are expecting everybody who has a stake to participate and what the opposition is trying to do is frustrate the implementation of the reforms.

“We have approached the opposition leaders who fled the country to return home for the reforms process and we intend to approach them again, but then, there is a stage where we will give up on them and the reforms will continue with or without them.”

Lesotho Congress for Democracy (LCD) leader, Mothetjoa Metsing, his deputy Tšeliso Mokhosi and Democratic Congress (DC) deputy leader Mathibeli Mokhothu fled the country separately in August this year citing threats to their lives.

Mr Metsing has since rejected the government’s invitation to a Multi-Stakeholder Forum on Reforms saying it was a ploy to lure him to his death.

Instead, the former deputy premier has called for SADC to mediate talks with the government over his and other exiled leaders’ return to “ensure transparency and honesty”.

Responding to Mr Metsing’s plea for SADC mediation, Chief Molapo said: “Like I mentioned before, these people are just trying to frustrate the reforms process through unrealistic demands.

“SADC is already in the country so what else do they want. Again, I don’t think it will be a problem to offer them SADC security if that is what they want.”

He added: “However, being under SADC protection does not mean they will be untouchable. If they are needed by the police or in the courts to respond to the cases they may be facing, they will be made available. SADC will protect them from whoever they say wants to kill them.”

Pascalinah Kabi

THE family of senior High Court judge, Justice ‘Maseforo Mahase, say they have filed a civil lawsuit against the police for the torture of their 22-year old son Teboho allegedly suffered while in custody last week.

Justice Mahase’s husband – Thabiso Mahase – refused to divulge to journalists yesterday the amount of money they were claiming as compensation in the lawsuit.

The Lesotho Times could also not verify whether the case had been filed in the courts of law as of last night.

Mr Mahase and Teboho were arrested on Wednesday last week and detained at the Mafeteng Police Station until last Friday.

They were detained in connection with the theft of M3 million worth of pensioners’ allowances at a pay-point in Mafeteng earlier this year.

Pensioners’ allowances are usually distributed from Maseru to various pay-points countrywide under Lesotho Defence Force guard.

No arrests had been made in the case until last Wednesday when the Mahases were taken in for questioning as prime suspects in the matter.

Addressing the media yesterday, Mr Mahase claimed the family had sued the police for malicious arrest and torture while in custody. Other respondents in the case, he said, were Commissioner of Police Holomo Molibeli, Police and Public Safety Minister ‘Mampho Mokhele and the attorney-general.

“On Wednesday last week, when I arrived home from Bloemfontein, I received a message that police were looking for my son Teboho,” he said.

“The police officer had left his name and contact details at my house. I met my son and asked if he was aware of the reasons the police were looking for him. He didn’t know.

“I called the police officer, and we went to see him at the Police Headquarters. We were then told that it was a Mafeteng police case. We were driven to Mafeteng and upon arrival were locked up after Teboho had been interrogated. Teboho’s feet were shackled.”

Mr Mahase also claimed that Teboho, who did not attend yesterday’s press briefing, was taken out of his cell at around 8pm and only returned the following morning when Justice Mahase and other family members visited them.

“Teboho told me his head was covered with something he didn’t know, while the police were pouring water on his head. All the while, he was also being shocked with electricity. While being tortured, he was being instructed to say that the M3 million was in my possession,” Mr Mahase said.

Teboho, he said, was taken to a doctor whose medical report “confirmed that he was tortured”.

“Even blood samples taken for testing confirmed that he was tortured while in police custody,” said Mr Mahase, adding that he was never tortured or interrogated while in police custody.

Police spokesperson, Inspector Mpiti Mopeli, said he was going to inquire on the matter and later his phone rang unanswered when contacted yesterday.

Mohalenyane Phakela

WITH the government delaying the implementation of multi-sectoral reforms and opposition parties vowing to boycott, it appears the process may be stillborn.

Political analysts who spoke to the Lesotho Times this week had mixed views on the fate of the process, with some highlighting the importance of participation by all in the reforms process while others insisted on the need to ensure the implementation of the SADC recommendations, come rain come shine.

The opposition parties have refused to participate in the reforms after accusing the government of persecution and meddling in the affairs of the judiciary among other grievances.

However, government spokesperson and Communications Minister, Joang Molapo, asserted that nothing would stop the implementation of the reforms with or without the opposition.

“We are aware that the opposition are trying to frustrate government’s efforts towards implementing the reforms by saying they will boycott them. Our expectations are for all crucial actors to participate. While the opposition are failing to envision the importance of the reforms by hiding behind trivial excuses, this initiative will contribute to the long-term stability we should all work to create,” Chief Molapo said.

He said the government was at peace knowing that they genuinely invited the exiled opposition leaders to make their mark in the reform discussions, an invitation they turned down.

“We have tried, including promising them the security they may need, but they have rejected our offer. We are still open for further discussions, and if we face some resistance, we are going to continue with actors who value this process.”

The government last week adopted a Master Framework of the Reforms Roadmap which articulated the proposed national dialogue in two dimensions namely: Building stakeholder consensus on the reforms; and Building long-term national unity and reconciliation.

The specific objectives of the reforms include: Reform and re-organization of the security architecture of the country to ensure fitness for purpose and responsiveness to the country’s needs; Reform and creation of an effective, efficient, professional and results-oriented civil service for enhanced service delivery and development; and Review and reform of the justice sector to ensure greater justice.

In addition, Rule of law and respect of human rights; Review and reform of critical institutions such as parliament and relevant legislation, including electoral, to ensure enhanced independence, stability and representation; Review of the Constitution to ensure its alignment to the needs of present-day Lesotho; Promotion of stakeholder consensus on the reforms and long-term national unity and reconciliation; are also part of the objectives.

The Reforms Roadmap official document highlights timeframes, reflecting that by this time, the inaugural Multi-Stakeholder Dialogue should have been conducted.

Political analyst, Mafa Sejanamane said the opposition’s absence would not hamper the reforms process.

“It is not a matter of whether the reforms will be delayed as they are a clear SADC mandate and the political parties also pledged to engage in reforms post the elections, so I don’t see why anyone can come now and say they should not continue,” he said.

Prof Sejanamane explained that while there may be some delays, the process would have to proceed.

“The reforms are not about individuals, but the entire nation and the need emerged at a time when the current opposition was in power. The opposition will find itself in trouble if they do not present themselves but then, I am not sure whether it is the entire opposition or just individuals who want to boycott the process.”

Prof Sejanamane said although the opposition’s absence was likely to make passing of laws difficult, their attitude would not stop the reforms.

“Looking at public and security sector reforms, they don’t need constitutional mandate but just need agreement and formation of laws as they are not formed under the constitution. Minor problems may arise where there are entrenched clauses of the constitution that need to be reviewed through section 85, but I still believe there is a way out,” he said.

Political analyst Nthakeng Selinyane said the reforms process was at the very least in limbo adding that the government should show its seriousness in implementation.

“The government is the national executive in this case, so they should come out and pronounce their position for work to start. We can have a multi-stakeholders body aimed at reconciling everybody’s preference to draw a commonly agreed roadmap. As far as I am concerned, there is no time lost in terms of deadlines as SADC has not convened and the facilitator to Lesotho is also out of action. The government should start demonstrating in action that it is committed to reforms by starting what needs to be done in the immediate term,” Mr Selinyane said.

He explained that if the reforms were to be implemented through parliament, then the government could continue with reforms as majority.

“If the opposition boycotts, then it is their own business but if it can be proved that the government is hindering their participation, then it cannot be a credible process. Inside those very parties of people saying they will not partake in reforms, one may find that there are people who are participating in reforms. If they reckon they can hold to ransom the nation by putting their egos first, that should not be allowed,” Mr Selinyane said.

Through several platforms, the European Union has said that justice cannot be traded for peace but should be preserved for peace to prevail.

On the other hand, opposition political activist, Fako Likoti, accused the government of stifling the environment for them to develop the reforms alone.

“Everybody knows that reforms are important but then the government does not see value in them as they made it clear that they want to do reforms on their own,” he said.

Explaining why he thinks the government does not value the reforms he said: “The government has polluted the environment for reforms through attacks they made to the Chief Justice, chasing opposition leaders, brutalizing the people and further bringing foreign soldiers here to terrorize people. No one can do reforms at gunpoint,” Dr Likoti said.

Tsitsi Matope

THE Lesotho Mounted Police Service has started working on strengthening its community policing strategy.

The blueprint seeks to improve the law-enforcement agency’s crime-prevention strategy and also ensure the successful investigation of crime.

In some areas within the districts of Maseru, Mafeteng, Leribe and Mokhotlong, the police are already working with communities, helping them organise crime-surveillance and neighbourhood watch teams and establish reporting systems that link them with nearby police stations.

In 2001, the police piloted the community policing strategy in select areas, targeting crimes such as stock- theft, house-breaking and theft, assault and murder.

According to Police Spokesperson, Inspector Mpiti Mopeli, the two-year pilot managed to help reduce the targeted crimes, thanks to collaboration between the police and local residents.

Insp Mopeli further said while the strategy was later introduced throughout the country, implementation was weak in some areas due to lack of resources to channel towards proper training of the communities.

However, Insp Mopeli said in certain areas where training was prioritised based on the high crime rate, the initiative had also weakened as some of those trained had relocated or were engaged in other activities that did not allow them time to focus on their community policing tasks.

“We are now working on resuscitating such operations, particularly in communities that are familiar with this strategy while we also introduce it in other communities that were not that active. This is our way of reaching out to the communities to demonstrate that we value their partnership to effectively fight crime while showing the good benefits that come with a citizenry that is law-abiding,” Insp Mopeli said.

In areas where community policing is vibrant, residents conduct night and day patrols to help prevent crime. The communities have also established their own intelligence systems that help detect criminal plans and activities, which they share with the police for swift arrests or to foil any criminal attempts.

“When the police work with communities, that approach helps to maximise the use of our limited resources. It means we can do more and cover a lot of ground with little resources to make communities much safer places. The police cannot be everywhere at all times, but we know where crime occurs, there are chances that someone saw or heard something. It is that factor that we would like to strengthen to continue improving our operations,” he said.

Insp Mopeli further said 2018 was going to be a year with a difference as far as crime-prevention was concerned. Not only would the police facilitate community participation,  they are also going to intensify awareness campaigns aimed at educating people on how they could further utilise services provided by the police, he added.

“We want communities to understand they can walk into any police station and make their contributions in terms of how they would want us to improve our services. Through our gender section, our campaigns will also target women and girls in particular, for them to know their rights and understand that when something is wrong, and they cannot tell their parents, they can trust the police. We are taking this approach to protect girls from early marriages that can be forced upon them by some parents or guardians on the basis that they fell pregnant or for any other reason. Children belong to the state, and it is our responsibility to take action that strengthens their protection,” Insp Mopeli highlighted.

He further said this year, an average of five cases of concealment-of-birth were reported every month throughout the country, with most incidents involving young women. “We are concerned about this because backyard abortions are not only illegal, they are also life- threatening.”

The police, he also said, would like to do more than just arresting suspects by providing support that could protect young women from making decisions that are not just criminal but also put them in danger.

Insp Mopeli emphasised while working with local communities was a cornerstone of crime-prevention, stakeholders such as other government ministries, civil society and the private sector had a role to play in supporting police efforts.

“This festive season, we have partnered with the Ministry of Public Works and Transport to enhance our road-safety activities. There are a lot of collaborations we can also do with the private sector and civil society in our crime-prevention initiatives and for us to also strengthen their programmes. We provide services and the users are the public who include the business sector and other organisations we would like us to work together.”

Insp Mopeli also said during this festive season, the police would increase their visibility in strategic areas, targeting crime hot-spots, intensifying joint mobile patrols, road checks and conducting random stop-and-search operations. Police officers in plain clothes would also support community policing to ensure communities are well-behaved this festive season.

“I believe people can still enjoy themselves without over-indulging and we urge all people to religiously observe traffic regulations including desisting from speeding, driving under the influence of alcohol and using mobile phones while driving,” Insp Mopeli said.

Commenting on the need to observe traffic regulations, the Deputy Minister of Public Works and Transport, Mr Ts’ehlo Ramarou said traffic personnel would be out in full force and collaborating with the police to ensure safety on the roads.

He said driving un-roadworthy vehicles was one of the reasons which contributed to road accidents while action would be taken against people driving without valid licenses.

“The speed limit must be obeyed at all times because various speed limits were placed in different areas for various reasons, including preventing accidents. We have also noticed a tendency of not fastening safety belts by some drivers and passengers and we would like to urge all people to utilise the belts because they can save their lives,” Mr Ramarou said.

Tsitsi Matope

MORE can be done to improve the rehabilitation of female inmates and ensure they lead crime-free lives upon their release, Superintendent Marethabile Tale of the Lesotho Correctional Services (LCS) said this week.

Supt Tale told the Lesotho Times in an interview that in most cases, women committed crimes such as theft due to social and economic pressures.

These pressures, she explained, could be reduced by providing enough support which targets poverty and helplessness.

According to Supt Tale, the Maseru correctional facility is holding women who include those who stole clothes for their children, maize meal to prepare porridge for their hungry children while others aborted their pregnancies because they could not afford looking after the babies.

Supt Tale said while awareness on sexual and reproduction health was key for effective birth control and HIV- prevention, women still struggle when it comes to having the means to look after their families, which sometimes push them into crime.

“It is important to discuss the issues and challenges that the female inmates raise and develop programmes targeting such factors and conditions.

“For example, through our counselling programmes, we have come to understand that women who are not empowered both financially and in terms of knowledge, are not in a position to negotiate safe sex, and neither can they decide the number of children they would like to have and the spacing of those children.

“As the country’s Correctional Service, we feel we have an important role to play to ensure effective rehabilitation that is followed up with poverty -alleviation programmes that can empower them and help them to stay off crime,” Supt Tale said.

A total of 58 inmates, among them seven girls, are currently under the care of the correctional service facility in Maseru, which is probably one of the oldest and most dilapidated buildings in town. Supt Tale said the place accommodates vulnerable women in need of different forms of support.

“Targeting with empowerment programmes is not a challenge because the women and children are here. We are looking for all the assistance we can get to help change their lives. Many of them are young and through support, they could be citizens who can contribute to the development of the country,” Supt Tale said.

The Maseru Female Correctional Service runs a number of projects, but most of them are not doing well due to lack of financial and human resources.

The facility’s poultry project, for example, could produce enough eggs for the inmates and for sale but this is not the case. Earlier this year, the project ordered 600 chicks from a local supplier who could however, only supply 100.

In addition to the eggs produced by 57 indigenous chickens, the 100 are now laying eggs that are being consumed by the inmates.

“We need assistance in purchasing a hatchery so that we can produce our own chicks for rearing and to sell throughout Lesotho,” one of the inmates told the Lesotho Times.

Apart from the poultry project, there is a tiny salon established to equip interested inmates develop hairdressing skills. However, lack of space, adequate equipment and trainers is affecting the programme.

The correctional facility also needs assistance to boost its garment-making programme, which has shown immense potential to empower the women so they could start their own projects upon release.

“We do have staff with skills to make garments and they have been supporting the inmates.

“With the support of sewing machines, and part-time trainers with advanced skills, I feel there is a lot more we can do to get more value from this programme. It would also be great if we can get the owners of textile companies to give business talks to help encourage the women not to give up on themselves and their families,” Supt Tale further said.

Fifteen of the women have sewn some garments through their training, and hope to make other products they could also sell. The women can also provide wedding and party decoration services, charging between M2000 and M4000 for wedding decorations depending on the size of the décor.

Until 2016, the correctional service was offering training in making handicrafts through the support of one trainer who has since left, leading to the collapse of once promising projects.

Supt Tale said there was need to create a conducive learning environment for various capacity building programmes and provide trainers who can run both short and long-term capacity building programmes.

“The programmes we would like to introduce and strengthen are those that can help the women to start their own projects when they return home after serving their sentences. These projects include garment-making, catering, wedding décor, gardening and poultry production, among others,” Supt Tale said.

She noted the full potential of these capacity building programmes could only be realised if there is readily available capital and equipment to help the women start their businesses.

Also see story on Page 18.

. . . as mutiny accused soldiers languish in custody

Tefo Tefo

TWO members of a court martial trying three Lesotho Defence Force (LDF) members for mutiny in connection with the assassination of army chief Lt-Gen Khoantle Motšomotšo have recused themselves from the case.

Brigadier Khomo Mohobo, who was the court martial’s judge advocate, and prosecutor, Captain Leholi Motikoe, yesterday recused themselves after the defence lawyers objected to their swearing-in last Friday for different reasons.

The defence lawyers – namely King’s Counsel (KC) Karabo Mohau, KC Motiea Teele and Advocate Letuka Molati – objected to Brigadier Mohobo’s swearing-in on the basis that he was likely to be biased as he was one of the speakers at the memorial service for the slain Lt-Gen Motšomotšo shortly before his burial.

In the case of Captain Motikoe, the defence lawyers argued that he could not be prosecutor because he had already made a statement in relation to the same case before the court martial. The defence averred that as a result of his statement, it was possible that Captain Motikoe could become a witness in a case he was supposed to prosecute.

He was replaced by Major Moseehle.

Six other senior army officers were sworn in last Friday to constitute a court martial for the trial of three army officers facing mutiny charges in relation to the 5 September 2017 assassination of Lt-Gen Motšomotšo.

The six are the Court Martial’s President Brigadier Mabote Phillip Sekoboto, Lieutenant Colonel ‘Mammohi Mofelehetsi, Lt-Col Motseki Kanetsi, Major Sera Lekoatsa, Major Tseko Nthakong and Major Madondolo Rakhoro.

They will preside over the mutiny case against three army officers – Major Pitso Ramoepane, Captain Boiketsiso Fonane and Captain Litekanyo Nyakane.

After the trial failed to kick off last Friday because of the defence lawyers’ objection to the swearing-in of Brigadier Mohobo, Captain Motikoe requested the postponement of the case to yesterday to give the prosecution time to prepare its response.

As he recused himself yesterday, Brigadier Mohobo chanted the famous legal slogan that: “Not only must Justice be done; it must also be seen to be done.”

He conceded that the defence had raised “a reasonable objection”, adding that the selection of another judge advocate would be the prerogative of Defence and National Security Minister Sentje Lebona.

“The judge advocate finds that it is proper for him to recuse himself in the interest of justice,” Brigadier Mohobo said in the third person,

“It is my duty to advise the court to refer the matter back to the convening authority (Mr Lebona) to appoint another judge advocate and I so advise.”

The recusals are a blow to the mutiny-accused army officers because they will now have to wait in custody until a new judge advocate is appointed by the minister. Thereafter, a new date of hearing would be set.

Dispersing the court, Court Martial President, Brigadier Sekoboto said: “The court takes the advice by the judge advocate and I will refer the matter back to the convening authority.

“It now means you will be served with new dates of hearing after the convening authority has decided on the matter.”

In addition to the court martial, Major Ramoepane and Captain Fonane are also facing charges in the High Court of murdering Lt-Gen Motšomotšo.

Major Ramoepane faces a further 14 counts of attempted murder along with former LDF commander, Lt-Gen Tlali Kamoli, in relation to the 27 January 2014 simultaneous bombings of the Moshoeshoe II homes of First Lady Maesiah Thabane, one ‘Mamoshoeshoe Moletsane, and the Ha Abia residence of former police commissioner Khothatso Tšooana.

Captain Nyakane is also charged in the High Court with the murder of Police Sub-Inspector Mokheseng Ramahloko at Police Headquarters on 30 August 2014 during an attempted coup by the army.

Major Ramoepane, Captain Fonane and Captain Nyakane are currently in custody at Maseru Maximum Security Prison after being remanded by the Magistrate’s Court.

. . . accuse Transport minister of ignoring their grievances

Pascalinah Kabi

TAXI operators have asked Prime Minister Thomas Thabane to intervene in their feud with Public Works and Transport Minister Lehlohonolo Moramotse, whom they accuse of ignoring their grievances.

Key among the grievances is the minister’s alleged failure to resolve the taxi operators’ dispute with their South African counterparts over ferrying passengers from Maseru to different destinations in the neighbouring country.

The long running clashes flared up again on Wednesday last week, with local taxi operators blocked from ferrying passengers into South Africa. This is despite a Southern African Development Community (SADC) Free Movement of Persons Policy that is meant to facilitate smooth cross border operations between member states.

The operators are particularly incensed by the fact that there are no such disputes between South Africa and Botswana or Zimbabwe operators.

In a letter seen by the Lesotho Times, the operators accuse Mr Moramotse and his Principal Secretary (PS), Mothabathe Hlalele, of “dismally” failing to address problems in the sector.

Part of the letter, dated 14 November 2017, reads: “We have problems with the minister and his PS who have been refusing to sit down with us and address problems in the transport sector despite all efforts taken to seek their ear in the matter.

“We even went as far as asking the parliamentary chief whip (All Basotho Convention (ABC) legislator for Khubetsoana Likopo Mahase) and other legislators to assist in solving this problem and they failed as well.”

The operators cite other challenges that include lack of a proper working structure with the ministry, unreviewed transport fares, transfer and gazettes of permits, registration of taxis and the government’s policy on hiring public transport.

Maseru Region Transport Operators spokesperson Lebohang Moea told this publication this week that the standoff with their South African counterparts usually worsened during the festive periods.

“We are always experiencing these cross-border problems, but they worsen during major holidays like Christmas,” he said.

“The SA operators and their police officers make sure that we don’t have a share in the profits generated during these holidays.”

Mr Moea said they had tried every trick in the book, including strikes and barricading the Maseru Border Post, in the hope of finding a long-lasting solution to the impasse.

He indicated that they were making some headway in finding a solution with former Public Works and Transport minister Tšoeu Mokeretla before the seven-party coalition government he served was booted out after the 3 June 22017 parliamentary elections.

“Ntate Mokeretla was on the verge of ensuring that the cross-border issue at the Maseru Bridge was discussed at the SADC summit level and when the new minister came in, we did everything possible to take things from where Ntate Mokeretla had left off. But he seems not to be interested at all. This is why we have asked the prime minister to intervene,” Mr Moea said.

He also claimed that Dr Thabane had requested to be given 21 days, which lapsed last Thursday, to address their grievances. The Lesotho Times could not verify that claim.

Commenting on the allegations, Mr Moramotse said it was untrue that he and his PS had refused to sit down with the operators and discuss their grievances.

“We will never refuse to see anyone. Our offices are always open to everyone and they are welcome to meet with us,” the minister said.

“I, however, cannot discuss this matter further as I have heard that they have written to the prime minister and therefore it would be insubordinate of me to respond to the issues before the office of the prime minister which is superior to mine.”

Mr Hlalele said he was not in a position to respond to issues raised to the premier when he had not pronounced himself, when contacted by this publication.

“It would be insubordinate of me to start interrogating issues that have been raised with my superior,” he said.

“I will have to respect the PM and not respond to these allegations. But the fact of the matter is that no one is barred from coming to the Ministry of Public Works and Transport and I know my minister feels the same way.”

Mr Hlalele added: “My Minister, his deputy and I have the obligation to always listen to anyone who comes here to present their grievances at all material times, but people should accord everyone in the ministry the respect every human being deserves.

“No one should feel that they are above others and therefore can come here disrespecting and insulting everyone.”

For his part, Dr Thabane’s Press Attaché Thabo Thakalekoala said he was not aware of any correspondence between the operators and the premier.

“Please talk to the GS (Government Secretary Moahloli Mphaka). He might be in a better place to respond to your questions,” Mr Thakalekoala said.

Attempts to get hold of Mr Mphaka were fruitless as his phone rang unanswered yesterday.

Meanwhile, Likhetlane legislator, Lekhetho Mosito, told this paper he was one of the three legislators asked to mediate between the two parties.

“We were called by the operators to mediate between them and the minister,” he said.

“We listened to their grievances, which included cross-border issues and their claim that the minister took them for granted and was never going to address their grievances.

“We then went to Minister Moramotse and he complained that the operators were not respectful to anyone in the ministry and would hurl insults whenever they came to the ministry offices.”

Mr Mosito added: “When we went back to sit down with the operators, they thanked us for our efforts and told us that they were going to seek assistance from the prime minister. What we learnt from the two separate meetings we had with them was that the two sides have a lot of pride and cannot even agree on a simple thing of having a proper meeting.”

Tefo Tefo

TWENTY-TWO army officers who have been facing mutiny charges since 2015 are finally truly free men after they were acquitted by a court martial trying them.

The acquittal comes after the soldiers had been in suspense, unaware of their fate for over two years.

Initially, 23 army officers were charged, before the High Court gave an order for a permanent stay of prosecution – referring to a right to have trial begin and conclude without unreasonable delay for Brigadier Thoriso Mareka, on 18 November 2017.

The army officers acquitted are Brigadier Poqa Motoa, Colonel Stemere, Colonel Kolisang, Major Makhetha, Captain Chaka, Sergeant Mokhobo, Sergeant Semakale, Sergeant Lekhabunyane, Corporal Mokhoro, Corporal Letsilane, Corporal Lipoto, Corporal Manaka, Corporal Chele, Lance Corporal Molefi, Lance-Corporal Makhooane, Private Pama, Private Bolofo and Private Ralitlemo.

In addition to facing a substantive charge of mutiny, the army officers were also charged with failure to suppress mutiny and failure to report mutiny.

Prosecutor, Major Mantšo Sello told the military court this week that the prosecution no longer had evidence to present because the witnesses who were supposed to testify had since withdrawn their intention.

“The prosecution accepts the accused’s not guilty plea because we no longer have witnesses to testify,” Maj Sello said.

He requested the court to accept a copy of a letter signed by witnesses indicating their withdrawal from testifying against the accused army officers.

However, one of the lawyers representing the accused, Attorney Tumisang Mosotho was quick to rise and object to the handing in of the letter saying, it was not necessary.

He indicated that if the prosecution did not have any evidence to put forward, it was enough to make such an indication without submitting any document because that would be against the procedure.

Other defence lawyers, Atty Khotso Nthontho, Advocate Christopher Lephuthing, Adv Koili Ndebele and AdvMonaheng Rasekoai also aligned themselves with the submission that there was no need for the prosecution to hand in any document.

They immediately applied for the acquittal of their clients.

The President of the Court Martial, Major-General Mojalefa Letsoela acquitted the army officers in all charges.

Immediately after the acquittal, there was great applause by the families of the army officers.

Some relatives ran to the dock where the accused were sitting and embraced them.

Relatives started singing a Sesotho song: “Mohau oa hae ke o sa feleng,” loosely translated as “His mercy endures forever.”

On the other hand, the army officers could be heard joyfully saying, “At last, finally…”

As the relatives walked out of the court room, in a celebratory mood, they started yet another song in Sesotho lyrics which said: “Le satane re mo hlotse, matla a hae a felile,” which can be loosely translated to mean, “We have defeated satan and he has lost power.”

• Vows to engage locals in talks with govt
• Calls for govt-opposition security body to monitor arrests

Pascalinah Kabi

FORMER prime minister Pakalitha Mosisili has accused SADC of “hijacking” a commission of inquiry into the killing former army chief Lt-Gen Maaparankoe Mahao, saying the opposition would this time around not engage the regional bloc, but find a local mediator in its standoff with the government over participation in multi-sectoral reforms.

Dr Mosisili has also called for the establishment of a Joint Security Mechanism consisting of government and opposition officials to assess if the ongoing arrests of people implicated in various unresolved crimes are not politically-motivated.

In response, government spokesperson and Communications Minister Joang Molapo said they were amenable to a local mediator for the sake of peace and to enable the implementation of the reforms.

However, Chief Molapo dismissed out of hand the call for a Joint Security Mechanism, saying the administration of the security agencies was the sole mandate of the government.

Addressing a press conference in Maseru this week, Dr Mosisili said he “deeply” regretted seeking SADC’s assistance in investigating the circumstances surrounding Lt-Gen Mahao’s 25 June 2015 killing.

Dr Mosisili, who is also leader of the largest opposition party Democratic Congress (DC), was flanked by officials of political parties that constituted his previous coalition government.

The coalition government, which was ousted after the 3 June 2017 parliamentary elections, consisted of the DC, Lesotho Congress for Democracy (LCD), Marematlou Freedom Party, Basotho Congress Party, National Independent Party, Lesotho People’s Congress and Popular Front for Democracy.

Lt-Gen Mahao was fatally shot by his erstwhile Lesotho Defence Force (LDF) colleagues on 25 June 2015 just outside Maseru. The LDF claimed Lt-Gen Mahao had resisted arrest for allegedly leading a mutiny when he was killed.

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

Dr Mosisili then requested SADC to help probe the tragedy, resulting in a Commission of Inquiry led by Botswana judge, Justice Mpaphi Phumaphi.

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 inquiry also recommended constitutional reforms, the suspension of LDF officers implicated in cases of murder, attempted murder and treason while investigations into the allegations proceed in line with international best practice, as well as amnesty for the 23 soldiers facing mutiny charges before the Court Martial.

Eight LDF members have since been charged with murdering Lt-Gen Mahao, while the 23 soldiers were acquitted of the mutiny charges this week.

Dr Mosisili expressed umbrage with the SADC inquiry’s recommendations, saying they “knew nothing” about Lesotho’s politics.

“I deeply regret establishing the commission of inquiry into the death of Brigadier Mahao,” Dr Mosisili said.

“I looked around locally and realised that there was no one who could be part of the commission. So, I turned to SADC to assist me with individuals who knew nothing about our local politics to be part of the commission of inquiry.

“But unfortunately SADC hijacked a Lesotho Commission of Inquiry, it was never a SADC commission of inquiry but that of Lesotho established under the laws of this country. This is why the commissioners were sworn in by the chief justice and it was gazetted under Lesotho laws.”

Dr Mosisili said the opposition was not looking to the regional bloc for mediation in their tiff with the government over participating in the envisaged governance reforms.

The opposition parties have refused to participate in the reforms after accusing the government of persecution and meddling in the affairs of the judiciary among other grievances.

Said Dr Mosisili: “This is why in my own opinion, I want us to have a local mediator in the standoff between the government and opposition going into the reforms process.”

The DC leader’s remarks contradict exiled LCD leader Mothetjoa Metsing’s call for SADC to mediate talks with the government over his and other exiled leaders’ return to “ensure transparency and honesty”.

Mr Metsing, his LCD deputy Tšeliso Mokhosi and Democratic Congress (DC) deputy leader, Mathibeli Mokhothu, fled to South Africa separately in August this year.

The trio skipped the country citing tip-offs from “trusted sources” about plots to assassinate them and alleged persecution by the government.

However, the Prime Minister Thomas Thabane-led four-party coalition has since rubbished the allegations, saying the government would not achieve anything in persecuting the opposition.

Dr Mosisili said they had already proposed to the government a mediator from the Christian Council of Lesotho (CCL).

The former premier asserted that the faith-based organisation had previously played the role effectively. He cited the CCL’s mediation in the disputed 2007 parliamentary election after the late former Botswana President Ketumeli Masire had “thrown in the towel”.

Mr Masire failed to break the impasse between the government and opposition after Dr Mosisili’s regime refused to compromise and told the former Botswana leader to go home.

In recent years, the CCL has been criticised for being biased in favour of the congress parties. The body’s critics have accused the CCL’s Bishop Mallane Taaso of the Anglican Church of Lesotho of having a “close” relationship with Mr Metsing.

Bishop Taaso was even booed by supporters of the four-party coalition government when he led a prayer service on behalf of the CCL at the inauguration of Dr Thabane on 16 June 2017 at the Setsoto Stadium.

Dr Mosisili slammed the booing of Bishop Taaso, saying clerics had successfully mediated in Lesotho’s politics.

“That (booing) was an aberration and we condemn that act. Associating bishops with politics is very unfair on them, as they are the same church leaders who successfully mediated in Lesotho politics when Masire failed and had thrown in the towel. We have absolute trust on the CCL,” the DC leader said.

He called for a moratorium on “politically-motivated” arrests, adding that such a move would guarantee successful implementation of reforms.

Dr Mosisili said the opposition made the proposal to the government through the mediation of the SADC Oversight Committee.

Mr Mokhosi, who was charged with murdering Police Constable Mokakale Khetheng, and former LDF commander Rtd Lt-Gen Tlali Kamoli – who faces one murder charge and 14 counts of attempted murder — are among the high profile prosecutions.

To ensure the prosecutions arrests were not politically motivated, Dr Mosisili proposed the establishment of a Joint Security Mechanism which would assess their veracity.

For his part, Chief Molapo said they were open to suggestions that would assist the country embark on the reforms process peacefully and united.

“Our understanding is that the relationship between us and the opposition is not that strained to the extent that we need someone to mediate in our discussions,” he said.

“But if the opposition is of the view that CCL should mediate, we are open to that idea and anything that will help us embark on an inclusive reforms process united and peacefully. We respect and love the CCL and we have never felt like the CCL was not objective.”

On the call for a moratorium on “politically-motivated” prosecutions, Chief Molapo said: “We don’t have politically motivated arrests. Lisebo Tang was shot and killed by known suspects, the decision not to arrest the suspects was politically motivated.

“Going to parliament to table an Amnesty Bill when one knew very well that crimes were committed was a politically-motivated decision but on our side we are saying suspects must have their day in court.”

Ms Tang was shot dead on 10 May 2014 when the car she was sitting in with her male companion, Tšepo Jane, was peppered with bullets by LDF members guarding the Ha-Leqele home of Lt-Gen Kamoli.

Mr Jane sustained serious injuries and taken to the Makoanyane Military Hospital. A police report stated that the vehicle in which they were sitting was shot 123.

On the suggestion for a Joint Security Mechanism, Chief Molapo urged Dr Mosisili and the opposition to “understand” that there was only one government at a time.

“On the Joint Security Mechanism, Ntate Mosisili is just trying to continue to have an influence in the security sector even when he is no longer in government. Administering security agencies is not the mandate of the opposition but that of a legitimate government.

“Wanting a Joint Security Mechanism is just furthering the politicisation of the security sector and we will not allow Ntate Mosisili and the opposition to do that. Imagine heads of security agencies taking orders from both government and opposition, with Ntate Thabane and Ntate Mosisili issuing different orders? What kind of a state would Lesotho be where security heads don’t know where to take their orders?” the minister added.

. . . as billions to flow into Mountain Kingdom for development projects

Pascalinah Kabi

LESOTHO has been reselected for a second compact grant by the United States Millennium Challenge Corporation (MCC), in a major boost that will see billions of maloti being invested in the country for various developmental projects.

The development is a major boost to Prime Minister Thomas Thabane’s coalition after the United States, one of Lesotho’s biggest aid donors, had stalled in renewing the second compact programme over rampant human rights abuses perpetrated under former prime minister Pakalitha Mosisili’s regime.

The Mountain Kingdom had been sweating over its eligibility for the game-changing developmental aid, after the MCC board had given the country until this month to implement set governance benchmarks.

According to a statement issued yesterday by the US Embassy in Lesotho, the MCC board met on Tuesday in Washington, DC and reselected Lesotho to restart the development of its second compact.

“The board recognised the concrete steps taken by the government of Lesotho over the past year that demonstrate a commitment to addressing MCC’s ongoing rule of law concerns, but noted that it will continue to closely monitor the situation,” reads part of the statement.

“Over the coming weeks and months, representatives from MCC will visit Lesotho to work along with government of Lesotho partners to identify priorities and facilitate consultations with civil society and the private sector to ensure that projects incorporate local perspectives and lead to sustainable know-how and self-sufficiency that continue long after MCC’s investment ends.”

While Communications Minister Joang Molapo surmised in an interview yesterday that the grant would be U$435 million (around M5.56 billion), US Embassy spokesperson Melissa Schumi Jones told the Lesotho Times no figure had been confirmed as yet.

“I don’t think there is any number to confirm at this moment, not from our side,” she said.

“This is the reselection process which now begins the process of determining priorities. So, there are no figures to confirm by any stretch.”

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

In 2007, MCC and Lesotho signed the first US$362.6 million (over M3 billion) compact to reduce poverty and spur economic growth.

The five-year compact among other things, helped fund the construction of Metolong Dam as well as various projects in health  and sanitation.

Lesotho was supposed to receive its second compact last year, but on 16 December 2015, the MCC Board opted against voting on the issue, citing governance concerns.

The United States, one of Lesotho’s largest donor,  was particularly concerned by the 25 June 2015 murder of former army chief Lt-Gen Maaparankoe Mahao by his erstwhile colleagues who accused him of leading a mutiny plot, in addition to a series of other human rights abuses committed during the Mosisili era.

In December 2016, the MCC Board again deferred a vote on the reselection of Lesotho for a second compact “until governance concerns have been addressed”.

The US government insisted that Lesotho would only receive a second MCC compact after taking “concrete actions” that address concerns about “impunity and the rule of law” as well as implementing recommendations made by a Southern African Development Community (SADC) Commission of Inquiry into instability in the Kingdom.

Lesotho’s eligibility for a second MCC compact was scheduled for March this year, but was , for the third time, deferred to this month to give the Americans time to assess progress in  addressing  rule of law and governance concerns.

Since a Dr Thabane-led four-party coalition government assumed power in June 2017, it committed to prosecute people implicated in various unresolved crimes especially in the military.

A number of LDF members have already been arrested and charged with various crimes, including former LDF commander Lt-Gen Tlali Kamoli.

The former army chief was in October this year charged with murdering Sub-Inspector Ramahloko along with three other LDF members.

Lt-Gen Kamoli was also charged with 14 counts of attempted murder for the 27 January 2014 simultaneous bombings of the Moshoeshoe II homes of First Lady Maesiah Thabane, ‘Mamoshoeshoe Moletsane and the Ha Abia residence of former police commissioner Khothatso Tšooana.

Eight LDF members have also been charged with murdering Lt-Gen Mahao, while the 23 soldiers were acquitted of mutiny charges this week.

The actions are in line with the SADC Commission of Inquiry recommendations to hold all those involved in serious crimes accountable to ensure lasting peace in the country. The actions were also in line with the governance benchmarks set by the Americans.

Prior to ending his tenure in October this year, former US Ambassador to Lesotho, Matthew Harrington, told the Lesotho Times in an exclusive interview that the prosecution of members of the LDF implicated in various unresolved crimes sent a “strong signal” of Maseru’s commitment to “eliminating a pattern of impunity”.

For his part, Chief Molapo said Lesotho’s reselection for the second compact was testimony of the government’s commitment to re-establishing the rule of law.

“It (reselection) tells you that now there is rule of law in Lesotho. This is a clear statement by the US and the world as a whole that Lesotho is on the right track,” the minister said.

“It also informs Basotho that there is a huge economic prize for doing the right thing and negative consequences if the country pursues the poor policies that were implemented during the previous regime.

Chief Molapo said the government was determined to professionalise the army and to ensure it operates within the confines of the law.

“We have all sorts of experts in the army, but the army does not govern. The right to govern this country is accorded by the masses and only those legitimately elected will govern this country,” he said.

“The second compact will bring billions of maloti into the economy which will shake-up our construction sector in a positive manner.

“It will coincide with the implementation of the Lesotho Highlands Water Project Phase II which is also going to have a positive impact on the country’s infrastructure.”

. . . as Lesotho presents African agenda at global forum

Pascalinah Kabi

INCREASING urban populations need to be harnessed for economic development through structured settlements to prevent vulnerabilities to disease outbreaks and man-made disasters.

This is the sentiment of Local Government and Chieftainship Minister Habofanoe Lebona, who also asserts that Lesotho needs to urgently address the problem of unplanned urban settlements which are a health and safety time bomb.

“Overcrowding increases the vulnerability to hazards such as fire, resulting in the entire village burning down,” Mr Lehana said.

“Communicable diseases become more prevalent in overcrowded places. To avoid this problem, urban development should be planned and managed to yield positive results.”

He made reference to Matukeng settlement in Leribe, which is built along a stream, as an example of unplanned urban development vulnerable to disasters.

“Growing up, we knew very well that that place was not for building houses. Our elders built only on elevated ground leaving the waterways preserved.

“But recently, houses have been built there and some of the occupants drown during rain seasons.”

“The houses are also not structurally sound to prevent moisture from seeping in, and most of the people have respiratory diseases,” Mr Lehana said.

Mr Lehana said this while briefing media on the 9^th session of the World Urban Forum scheduled for February 7-13, 2018 in Kuala Lumpur, Malaysia.

As the chair nation of the African Union (AU) Urban Development Commission, Lesotho will present the African agenda on behalf of the continent at the forum.

The forum seeks to raise awareness of sustainable urbanisation among stakeholders and constituencies, including the general public; improve the collective knowledge of sustainable urban development through inclusive open debates.

It also fosters the exchange of best practices and good policies as well as increasing coordination and cooperation between different stakeholders and constituencies for the advancement and implementation of sustainable urbanisation.

Since the forum is an open meeting, Mr Lehana implored the local private sector to sponsor Basotho entrepreneurs willing to attend the forum and exhibit their products to the world.

The minister said the Malaysia forum was expected to come up with solutions to the challenges brought by the urban development and that Lesotho and other African countries would use this forum as a networking platform for funding.

He invited all Basotho in the tourism, construction, clothing and water sectors to attend the forum.

“This is a huge opportunity for Lesotho to market itself and we can be able to achieve this by going there in numbers and exhibiting our products and networking with potential investors whom, with technical and financial support, will help us address our human development settlements challenges,” Mr Lehana said.

He said Lesotho was failing to address challenges arising from high urban populations, adding that political will was also lacking.

“It has been realised that preventing people from relocating to the towns no longer works because delivering services to the rural areas has not stopped people from relocating to the towns,” Mr Lehana said.

It was therefore important, he said, for every country to come up with strategies to create jobs in towns, making sure there is safe accommodation for the internal migrants as well as ensuring that their basic needs like water and electricity were met.

“It is important for us to take the overcrowding caused by urban development into a positive thing that can benefit our economy through job creation and entrepreneurial opportunities.”

“Lesotho is already working hard to come up with solutions to these challenges and while we already had the National Settlement Policy to respond to these challenges, the policy was never implemented due to lack of political will and in some incidences, inconsistent political will due to reshuffling of ministers and change of governments.”

He said they were exploring several strategies – Urban, Maseru Transportation Study and National Master Plan – aimed at addressing the ever growing human development settlements.

Asked what they were currently doing to address the challenges, Mr Lehana said they embarked on nationwide public sensitisation campaigns to gain the public’s confidence on urban planning.

“We need to work hard to correct mistakes of the past by empowering councils with knowledge so that they stop being part of the problem. “They are part of the problem in a sense that they are the ones who allocate land, even on areas that they are not supposed to,” he said.

The ministry is currently training 100 town planners after realising that they were not performing as expected. Thereafter, they will establish task teams for the 10 districts of the country.

The task teams will consist of different stakeholders, including the police, whom the minister said will come in handy when addressing the illegal human settlements.