Tefo Tefo

THE Constitutional Court will convene on Monday 15 January, to hear a case in which the deputy leader of the Democratic Congress (DC), Mathibeli Mokhothu is fighting to keep benefits as official leader of opposition in the National Assembly.

The self-exiled Mr Mokhothu continues to enjoy benefits of official leader of opposition after a panel of three High Court judges in November last year granted him temporary relief after the National Assembly Speaker Sephiri Motanyane called for the suspension of his benefits.

His position is equal to that of a deputy minister, which comes with benefits including an office and an official vehicle.

Mr Mokhothu, DC, National Independent Party (NIP) and Popular Front for Democracy (PFD) filed an urgent application before the Constitutional Court on 21 November, challenging the National Assembly Speaker’s ruling that he no longer qualified as the official leader of the opposition.

This pronouncement was made on 3 November 2017, during Mr Motanyane’s ruling on a point of order raised by the Minister of Forestry, Motlohi Maliehe, on 14 July 2014 on whether Mr Mokhothu still qualified to be leader of the opposition after the Member of Parliament for Semena Constituency, Tlohelang Aumane, had just crossed the floor from the Democratic Congress (DC) to the Alliance of Democrats (AD).

Mr Motanyane ruled that Mr Mokhothu no longer qualified because he commanded less than 25 percent of seats in the August House.

However, in November Justices Tšeliso Monaphathi, Lisebo Chaka-Makhooane and Sakoane Sakoane decided that the exiled DC deputy leader should continue enjoying the benefits until the finalization of the case.

The respondents are Mr Motanyane, National Assembly Clerk, King’s Counsel Lebohang Fine Maema, Law, Constitutional Affairs and Human Rights Lebohang Hlaele, Finance Minister Moeketsi Majoro and the Attorney-General.

As the situation stands, the court has to deal with the substantive reliefs sought by the applicants who in the final relief want the decision to render Mr Mokhothu ineligible for the post deemed “unconstitutional, null and void and of no force or effect”.

Before the parliament’s winter break last year, the DC, NIP and PFD had written to Mr Motanyane expressing their intention to form a coalition in the National Assembly.

In addition to nominating Mr Mokhothu as official leader of the opposition, the parties also picked PFD deputy leader, Thabang Kholumo, as the opposition chief whip, DC legislator for Qalabane constituency, Motlalentoa Letsosa as chair of the opposition caucus while DC legislator for Senqu, Likeleli Tampane, was nominated as secretary.

The DC needed to join forces with the two parties after one of its legislators for Semena Constituency, MP Tlohelang Aumane, defected to the Alliance of Democrats (AD) soon after the 3 June 2017 snap elections. Mr Aumane has since been appointed as Minister of Development Planning.

Following Mr Aumane’s defection, the DC was left with 29 seats; one short of the 30-seat threshold to retain the status of official opposition in the 120-seat National Assembly.

Earlier on, Mr Motanyane had reserved ruling on the matter in light of the 30 September by-elections in Hololo, Teyateyaneng and Thupa-Kubu constituencies, which were all won by the ABC.

Mr Motanyane cited Section 95 (1) (h) of the Constitution of Lesotho, which provides for the appointment of two MPs to the Council of State by the Speaker.

“The pertinent issue here in making this appointment, the speaker shall appoint the leader of opposition party or coalition of parties having the next greatest numerical strength.”

He also cited Section 3 of the Members of Parliament Salaries Act of 1998 which states that: “Leader of the Opposition means a member of the National Assembly who is a leader of the political party or coalition of political parties and commands the majority in the opposition and his party or coalition with at least 25 percent of the total membership of the National Assembly.”

The implication of the above-mentioned clauses, Mr Motanyane said, was that an MP would qualify as an official leader of the opposition if he/she leads a political party commanding a majority in the opposition.

The legislator would also qualify if his/her coalition of parties has at least 25 percent of the total membership of the National Assembly.

He indicated that the first opposition coalition in parliament was attempted in 2007 by the ABC, Lesotho Workers Party (LWP), Marematlou Freedom Party (MFP) and Basotho National Party (BNP).

However, it failed to take off because then National Assembly Speaker, Ntlhoi Motsamai, ruled that there was no legal body called coalition of political parties.

Ms Motsamai also stated that the collaboration of the parties on their own could not bring into existence a legal body known as coalition of political parties.

The second coalition was established between the ABC, LCD and BNP after the May 2012 general elections. The third was between the DC, LCD, NIP, PFD, MFP, BCP and LPC in March 2015 while the fourth is the governing coalition consisting of the ABC, AD, BNP and Reformed Congress of Lesotho installed after the June elections.

Mr Motanyane said the distinguishing factor between the coalition governments with the one proposed by the opposition was that they had been formed before the legislators were sworn into parliament.

It was imperative, he said, to establish coalitions before legislators have taken their seats in parliament to avoid disturbing the allocation of portfolio committees which reflect proportionality in parliament and diversity of political parties as well as gender balance in the August House.

Bereng Mpaki

LETŠENG Diamonds began the new year in style, amid revelations that the diamond mining concern this week uncovered two diamonds each more than 100 carats each.

Gem Diamonds, which owns 70 percent of Letšeng Diamonds with the remainder held by the government of Lesotho, released a statement on Monday announcing the latest find.

One of the gems is a high-value 117 carat diamond and the other is a 110 carat Type IIa diamond.

“Gem Diamonds Limited is pleased to announce the recovery of high quality 117 and 110 carat, D colour Type IIa diamonds from the Letšeng mine in Lesotho, the highest dollar per carat kimberlite diamond mine in the world,” the company stated on its website.

The finds are the latest in the long line of impressive performance by the Letšeng Mine which also saw the recovery of a 115-carat diamond in September last year.

In June 2017, the mine recovered two large diamonds one a high-quality 104.73 carat, D-colour Type IIa diamond and the other a 151.52 carat Type I yellow diamond.

Before that in May 2017, the mine recovered a high-quality 80 carat, D colour Type II diamond, while in April it recovered a 114 carat, D colour Type II diamond of exceptional quality.

Famous Letšeng diamonds

Letšeng Mine is remarkable for its recovery of some of the world’s most valuable diamonds and achieves the highest US dollar per carat of any kimberlite mine in the world. Letšeng regularly produces diamonds of outstanding size and exceptional colour and to date, Letšeng has produced five of the 20 largest rough white gem diamonds on record.

In August 2011, a 550 carat white diamond, the Letšeng Star, was recovered at Letšeng and is currently ranked as the 14th largest white diamond ever recorded. Other famous Letšeng diamonds include:

The 601 carat Lesotho Brown

Discovered in 1967, the 601 carat Lesotho Brown diamond was the first significant diamond to be recovered at Letšeng and led to the formal development of the Letšeng mine. Harry Winston acquired the diamond, and the cleaving of the Lesotho Brown Diamond into two pieces was broadcast live on American television in 1968. The polishing was completed in a year and resulted in eighteen gemstones, the largest of which was the Lesotho I, a 71.73 carat flawless emerald cut diamond with a pale pink hue.

The Star of Lesotho

The Star of Lesotho was a spectacular white diamond of 123 carats, recovered at Letšeng in October 2004, days before the official re-opening of the mine. Acquired by SAFDICO in November 2004, it was cut into a heart-shaped diamond of 53.11 carats and subsequently sold by Graff Jewellers.

The 603 carat Lesotho Promise

The 603 carat Lesotho Promise was recovered by Letšeng mine in August 2006.The Lesotho Promise is currently ranked as the world’s 12th largest white diamond on record and the largest diamond to emerge from the Letšeng mine to date and is the largest rough white diamond to be recovered this century. The Lesotho Promise was sold for US$12.4 million to SAFDICO, the manufacturing arm of Graff Jewellers, at an auction in Antwerp in October 2006.

The Lesotho Promise was subsequently polished into 26 D flawless diamonds, the largest of which was a 76.4 carat pear-shaped diamond. The diamonds were fashioned into a single necklace that is expected to sell for in excess of US$50 million.

The 493 carat Letšeng Legacy

The Letšeng Legacy is currently ranked as the 16th largest rough white diamond ever recovered and was named to reflect the growing legacy that the Letšeng mine is creating as a producer of significant diamonds.

This remarkable 493 carat diamond, discovered in September 2007, was sold at an auction in Antwerp to SAFDICO for US$10.4 million in November 2007.

The 478 carat Light of Letšeng

The Leseli La Letšeng, which means Light of Letšeng, is a 478 carat D colour white diamond that was recovered from the Letšeng in September 2008. The name reflects the diamond’s remarkable colour and clarity, the highest possible quality for a white diamond. The diamond is currently ranked as the 17th largest rough white diamond ever to be recovered and was the third significant recovery from Letšeng in as many years. Initial analysis by expert diamantaires indicates that the stone could yield a D colour flawless round brilliant diamond of up to 150 carats, making it the largest diamond of its kind in history.

Light of Letšeng was sold on tender in Antwerp in November 2008 for US$18.4 million, to SAFDICO. The price represented an extraordinary price per carat of US$38 400, against a global average diamond price of US$90 per carat.

The 550ct Letšeng Star

The 550ct Letšeng Star was recovered from the Letšeng mine on 19 August 2011. The name was given to signify the growing number of “stars” in Letšeng’s growing constellation of large diamonds recovered. The Letšeng Star is currently ranked as the 14th largest white rough diamond on record and the second largest white diamond to be recovered at Letšeng.

Herbert Moyo

THE government of Lesotho has identified manufacturing, tourism, technology and agriculture as the four pillars that will drive economic growth under the second National Strategic Development Plan (NSDP II).

This was said by Minister of Development Planning, Tlohelang Aumane, during a workshop on the NSDP II in Hlotse in the Leribe this week.

Lesotho’s first five year NSDP programme ended in 2017 and the second one is expected to run for five years.

The Leribe workshop is one of a series of seminars which are being held in all the country’s 10 districts as part of efforts to develop the NSDP II.

Mr Aumane said the first draft of the plan will be made available this year after consultations among different economic sectors.

He however, indicated that cabinet had agreed to prioritise manufacturing, tourism, technology and agriculture as the four pillars that will drive economic growth.

Last week, Mr Aumane and Agriculture and Food Security minister, Mahala Molapo told a Maseru seminar on the NSDP II that there was a need to overhaul the country’s land tenure system in order to realise the immense potential for commercial agricultural production.

“Issues of acquiring land have prevented some projects from getting off the ground and we need to address that as soon as possible,” Mr Aumane said.

And this week in Leribe, he repeated his message, saying his ministry had identified limited access to land as one of the challenges inhibiting the growth of business in the country.

He also identified lack of infrastructure and health factors as the other obstacles to development.

With an HIV/AIDS prevalence of about 25 percent, Lesotho has the second highest rates after Swaziland.

However, the country has made huge strides in fighting the HIV/AIDS pandemic amid revelations that 90.6 percent of people living with HIV from the ages of 15 to 59 years have adhered to antiretroviral therapy (ART) leading to viral load suppression.

The revelations are contained in the final Lesotho Population-Based HIV Impact Assessment (LePHIA) report which was released last month. The report shows that the viral load has been suppressed in 88.3 percent of those who were reported to be on treatment.

The 90.6 percent figure surpasses the second of three ambitious 90-90-90 treatment targets seeking to end the Aids epidemic by 2020.

The first 90 target seeks to ensure that by the year 2020, 90 percent of all people living with HIV know their HIV status and the second target seeks to ensure that 90 percent of all people diagnosed with HIV receive sustained antiretroviral therapy. The third target is to ensure that 90 percent of all people receiving ARVs will have viral suppression by 2020.

Mr Aumane concluded by calling on residents of Leribe to identify possible business ventures for inclusion in the NSDP II as well as develop strategies to address challenges hindering the development of their district.

The physical quality and appearance of water can affect its acceptability to consumers and plunge communities into crisis. Because safe water plays a pivotal role in ensuring human health and wellbeing, its accessibility, sustainability of supplies and quality is of paramount importance.

There are a number of things that consumers quickly notice when they fetch water from various sources and these include its colour, the presence of foreign particles and odour. The need for safe water is even more imperative in urban water supplies, where consumers who pay for water services, trust service providers not to stray from set standards and guidelines.

Exposing them to aesthetically unacceptable water, even with an explanation that the water is safe despite its appearance or smell is unacceptable.

It is therefore prudent to understand the importance of consumer perception and to remember the grave costs associated with taking for granted both health-related guidelines and aesthetic criteria in water supply operations.

Taste, funny smell and appearance problems in public water supplies are some of the main causes of consumer complaints in most countries, particularly in Africa. Consumers are right to raise concerns when they see bloodworms where they do not expect to see them.

Elsewhere in this edition, we bring you a story that highlights the importance of increased surveillance and quality control in bulk water supplies. This follows the discovery of some bloodworms in water supplies in some parts of Maseru since the Christmas holidays, an occurrence that has shocked many people. Areas affected include the very Central Business District, where many people from areas that are not affected, come to work and conduct various business transactions.

This has triggered discussions on whether the government and consumers should leave issues to do with water supply solely to the Water and Sewerage Company (WASCO), particularly when it comes to critical issues of surveillance, monitoring and quality control.

It appears there is a danger in entirely trusting the water company to take on certain responsibilities due to conflict of interest that may arise. Water is life, only when it is safe for human consumption, so how can we ensure that the water provided by the water company is indeed in line with the World Health Organisation standards at all times?

We can only know for sure what we are drinking when the tasks of surveillance and quality control are periodically undertaken by independent bodies.

Surveillance contributes to the protection of public health by looking at areas such as the improvement of the water quality, cost, coverage and sustainability of water supply. It is a risk detecting mechanism that promotes preventive actions to fix identified risks. On the other hand, quality control ensures that water services adhere to quality standards and supplier’s targets. Water suppliers are responsible at all times for the quality and safety of water and this can be achieved through sound operating practices and deterrent maintenance reinforced by quality control.

Safety mechanisms and innovations in the production, distribution, during maintenance and regular water testing for quality is critical to ensure safer supply. While the health sector in Lesotho is not that visible when it comes to issues of public water operations and supply, it should play a critical role in safeguarding the health of the public. It must be part of the water supply surveillance system. The bloodworms that have invaded water supply from the Mpilo Reservoir constitute a wake-up call signalling the need for new structures of surveillance and quality control programmes that would enhance water production and supply management for the delivery of water that the people can trust.

THE choreography has been perfected. The lynch mob comprising the usual suspects — the mainstream media, captains of industry, leaders of banking institutions, false prophets masquerading as members of the cloth, hate-filled and revenge-seeking ANC veterans, opposition parties, civil society groupings preoccupied with sustenance of economic inequalities, racial bigots, talk show hosts – stand ready for the final crucifixion of Jacob Zuma.
These have been corralled under one roof to give an impression that theirs is a representative voice. But, in truth, it represents a small group of elites whose sole existence is to protect their material interests.

The biggest anti-Zuma march organised could draw no more than 10000 compared with the 60000 to 80000-strong members of the EFF and the ANC Youth League separately.

Perched at the top of this lynch mob are some members of the judiciary. These have been carefully selected to give a judicial stamp to the ZumaMustFall campaign. So as to be counted in the history-making endeavour, some unions have also jumped on the bandwagon.

They have encouraged workers to suspend all workers’ struggles and club together with bosses who exploit them on a daily basis. President Zuma has become a bigger threat to their livelihood than the apartheid-spawned socio-economic inequalities.

The mob has long made a determination that the constitution it routinely swears by does not apply to the person of Jacob Zuma. By definition, Zuma is guilty of any charge that can be preferred against him. After all, he has had ample opportunity to prove his innocence.

So goes the argument that upends our very constitution.

But the anti-Zuma campaign is a diversion. Indeed, it would be a serious political miscalculation to reduce this to simply the person of Jacob Zuma and the purported discontent with the president’s administration.

Such a reading would amount to either a display of political naiveté, ideological bankruptcy, or just blatant dishonesty.

What is it that binds the group together? Just look at the main protagonists – captains of industry, mining bosses, the mainstream media, veterans that have an axe to grind, and union leaders prepared to commit ideological and class suicide.

For white monopoly capital, there is no better time for the ANC to be captured. It has ensured that it recruits mainly so-called tried and tested leaders of the ANC to serve on boards of financial institutions. Make no mistake, these are not recruited to advance any revolution. If anything, they are co-opted precisely to frustrate and to disrupt it. And Jacob Zuma has proved to be a serious stumbling block.

Within the party, the recall of President Zuma is meant to be a test or show of strength by its protagonists.

It is an attempt to rebalance and consolidate contemporary political forces. But such a move is bound to lead to infighting never seen in the ANC. The victory of the supposedly winning group at the ANC elective conference was paper-thin. If the removal of an unpopular president of the ANC in Thabo Mbeki was traumatic, this would be the most divisive move of an already weakened and fractured ANC.

It is precisely for this reason that this move is welcomed not only by the mainstream media looking for blood on the floor but also by forces that are historically hostile to the ANC and to the advancement of the Struggle.

There is also a fear that the resolutions adopted at the party’s 54th conference, if implemented, are likely to force the party to reclaim its revolutionary status.

A divided ANC is necessary to ensure that these resolutions do not see the light of day.

The real objective is to defer the realisation of radical economic transformation.

So a diversion that garners a wall of sympathy and support in the media, both locally and internationally, in order to create the impression of mass support must be created.

This is orchestrated carefully to manufacture collective outrage against a president who has never adhered to the Western caricature of what a head of state should be. There are also personal interests involved. It does not come as a surprise that land without expropriation does not sit comfortably with members of the ANC whose families are beneficiaries of what the ANC now bravely calls land theft.

For those who suffered political humiliation in Polokwane, the recall of President Zuma would be a welcome revenge.

They have invested everything possible, time, effort and resources to make Zuma pay for this humiliation. It had been their sole mission in life.

Carefully read, all of the above are calculated efforts to ensure that the ANC is defeated in the 2019 polls.

A united ANC is a threat to white interests and white monopoly capital. Any party that will implement policies that reverse apartheid inequalities to the benefit of a majority is likely to be in power for a long time.

This would include giving material expression to radical economic transformation by ensuring the transfer of land to its rightful owners, provision of free higher education and the rest.

Interestingly, traditional enemies of the ANC are now in the forefront of advising the ANC that should it not recall Zuma, the party is destined for political defeat. In the final analysis, any party that takes heed of the advice of its political foes is not worth saving.

It is also not an accident that the mainstream media has not warmed to the resolutions adopted at the 54th elective conference of the ANC. Its strategy has been to carefully select, sponsor and promote individuals known for their hatred of Zuma and parade these as if they are representative of a majority of ANC members.

What it also seeks to hide is that the notion of recalling Zuma was mooted by some in the conference but was quickly buried as it had no chance in hell of succeeding.

But too much has been invested in this campaign, and the sponsors are looking for a return.

Finally, it is necessary to debunk the common refrain that the outcome of the municipal elections that led to the decline in the ANC’s electoral fortune is a result of one person.

If truth be told, the ANC’s poor performance in the municipal elections had more to do with infighting, political complacency and sheer incompetence.

In Nelson Mandela Bay, the ANC’s preferred candidate, Danny Jordaan, received little support as he was considered an imposition by Luthuli House. And, in its display of growing complacency, the ANC woke up to the challenge of campaigning less than three months before the election.

Its main rival, the DA, had a full-year head start. While the DA was feverishly on the campaign trail, the ANC was embroiled in infighting relating to the misappropriation of funds and tenders.

Finally, the ANC had become too internally focused and as result failed to pay attention to the daily concerns of the electorate.

The current obsession with the recall of President Zuma is likely to lead to the same behaviour.

The same reasons with regard to poor electoral outcomes apply in the case of Gauteng.

First, the Gauteng leadership had also spent an inordinate amount of time focusing on its anti-Zuma campaign, thus neglecting to mobilise the ANC’s traditional voters on the ground. As a matter of fact, Gauteng was engulfed in service delivery protests. These protests continued almost daily with the last service delivery protest taking place a week before the municipal elections.

These protests had nothing to do with Zuma. It was precisely for this reason that the then ANC national executive committee took collective responsibility for the municipal electoral decline.

As if that was not enough, the ANC refused to heed the warning from residents after they rejected Luthuli House’s preferred candidate. It is a matter of historical record that this decision of the ANC sparked widespread violent protest in the city of Tshwane.

As the ANC embarks on its new trajectory, it would need to take heed of lessons from its recent history and make a sober assessment of where it went wrong. Repeating mistakes that cost it dearly is certainly not the way to go.

This includes giving too much attention to advice from its political and ideological foes.

It needs to realise that Zuma will eventually go, but the historical challenges will remain. Our challenges are bigger than any individual. Any country looking for a Messiah will fail. Cyril Ramaphosa must not fall into this trap.

* Seepe is a political analyst.

Sunday Independent

Makhabane Maluke

Time sets its own pace. Talks: either about talks or reforms, have their timing set by humans. The later have a potential to drift into the future if planners and key actors so wish or are not adequately/properly focused. There is a call of duty for patriots to continuously remind all about what is of public interest. Time never waits. The next election is already on the horizon: five years is too brief for our unstable Kingdom.  Meanwhile suggestions/ideas for this voyage of rediscovery will continue to pour in on a regular basis. The following excerpts are ideas likely to enhance our democratic performance:

30 March 30-April 5, 2014: Effects of prorogation of parliament

The truth is that in any match, a referee is a key actor [who has to remain unbiased. In our humble effort to reform our parliament, a chairperson is a key actor. It could be why way back in 2004 the Deputy Prime Minister of the time came all the way down to the House floor to chair or convene with Senate President in attendance, a Joint-Parliamentary Reforms Committee [which is not recognised through Standing Orders]. This [however]reflects a very up-side-down arrangement [from which]we can be sure of a very slow pace of reform.

The challenge: There is more need now [2018] than at any time before, for well-considered reform attitude, structures and actors.  Setting of any TOR will be very important, this time around. The 17-22 September, 1995 National Dialogue on Democracy, Stability and Development approach ought to be adopted. As parliament has its own Reforms Committee, the envisaged parliamentary reforms exercise is more of a national voyage than a regular parliamentary introspection. Actually, identification of all reform areas and topics could best be assigned to some Steering Committee of the 1995 National Dialogue model.

JUN.18-24, 2015: You reap what you sow

“What is effected or done [by man]in the present will have direct effect on what happens later (Galatians 6: 7)”.

The Challenge: Lesotho displays itself embarrassingly as an unstable democracy. No state is predestined to be stable or unstable. All depends on how its affairs are managed or mismanaged. Even very good managers occasionally take wrong turns. What is of essence is that any mismanagement should be acknowledged.  Every nation reaps what its political leadership sows. One only has to look back to establish who did what and when or, to put it mildly, what wrong happened and how best can that be corrected? 

14-30 July, 2016: Echoes from old foot prints

“Interestingly, the 17-22 September 1995 National Dialogue  recommended that MPs and other people in authority should desist from harassing members of the security forces by calling them names….government should not interfere with the command structure of the security forces … “ New comers [post 1995 leaders]are invited to look back to when they boarded the democratic train,          to review how their roles and inputs have fared, leading to the current state of [security instability]in Lesotho.

The Challenge: Could the current situation of security instability be viewed as comparable to that era which led to the 1995 National Dialogue or as better or worse?  Is it an overstatement that Lesotho is actually nurturing a very bad political culture through displays of better-than-thou attitude in the exercise of governance powers?  Was the 1995 Dialogue recommendation unsuitable for stable security in a democracy?  How do other democracies make do with their security forces? The impending 10^th Parliament  National Dialogue and its reforms will be another interesting test and indicator of whether or not Lesotho is politically maturing and growing as a democracy.

Our inability to maintain an apolitical security establishment demonstrates our failure in one of the finest traditions of parliamentary democracy. All security agencies are a resource to tap for the benefit of the nation and not a sitting government or the opposition.

13-19 April, 2017: Ninth Parliament doomed from the start

While the boycott of sittings marked the climax of confrontational parliamentary work by MPs, the return to Lesotho by political leaders and MPs from exile marked the anti-climax [of confrontational parliamentary work.

The nation hoped that reform processes would [then]commence in earnest; but the opposition and government continued with their bickering. Bad habits die hard. One wonders what the 3 June 2017 election will usher in.

The Challenge: That election resulted in the current parliament. Within a few months, there already exists another set of exiles. Are these likely to return to Lesotho like their predecessors? If they do, will reforms this time unfold smoothly or will attention shift, probably down the rail for other reasons or causes? Any eventuality is possible in the unstable Lesotho. Our democracy has too many cooks with their equally different tastes and recipes.

25 February- 2 March 2016:  The Opposition is awkwardly positioned

Parliaments create Ethics Committee with a hope to protect parliament against MP misconduct or show of tendencies which are likely to bring parliament into disrepute.

The Challenge: When names of members of this committee were announced, what came to mind again is whether parliament will ever find wisdom in appointing members of the opposition to the chairmanship of committees? Why do standing orders not provide for deputy chairpersons of committees?  All these could be traced to the ‘we-and-they’ attitude which characterises the Lesotho parliament. Failure to so recognise the relevance of the opposition in the management of parliament will condition it to always opt for reactionary tendencies to reveal that it indeed exists in parliament. Unfortunately, that is not the way for a healthy parliamentary democracy. A mere thought of how the opposition is likely to respond to a business issue raises temperatures.

Misunderstanding: It has been said that there is a lot to be done to suit the Mixed Member Proportional electoral model. One doubts if everything relating to the model is likely to be respected. Its consequence has been to compulsorily plant an enlarged opposition in parliament: transplanting political instability into parliament. The major problem is the attitudes of both the ruling majority and the opposition. This could be worse than when defeated parties destabilised from outside parliament.

17-23 March, 2016: Truth necessary to achieve healing

“Sometimes, truth hurts. Just like words: it may annoy, irritate, inspire etc.”

The Challenge:  confrontation in the National Assembly has become a permanent feature. This is likely to continue unless the leadership adopts cues from developed parliamentary practices. One cue which the Lesotho parliament failed to pick way back in 2004 is the device of consultative meetings. It is doubtful a cabinet minister can adopt an idea originated by a backbencher from the opposition. Both sides in the House need each other for a stable democracy.

27 April – 3 MAY 2017: Lesotho’s 27-year democracy limps along

Prayers have to be said for the 10^th Parliament to take our democracy to higher level. Good parliaments contribute to strong democracies.

The Challenge: We are a few months into this parliament. We witness dramatic incidents in the House. There are loud whispers which signal infighting and defections among political parties. Where is Lesotho heading to? Surely it is not to the higher levels of democracy.

The government is currently reviewing the country’s mining legislation in order to ensure that these laws enable the mining sector to significantly contribute to the country’s socio economic development.

One of the laws under review is the Mines and Minerals Act of 2005 and it could be replaced by the Minerals and Mining Bill of 2017 which is currently at the second stakeholder consultation stage. Lesotho Times (LT) reporter, Bereng Mpaki, spoke to Advocate Letuka Molati (LM) on the implications of the proposed changes to the mining laws and below are excerpts of the interview.

LT: What are some of the major changes included in the Bill that were not in the current law?

LM: There are several important changes. The bill has new sections on the establishment of a National Mining Corporation, Mining Authority, Inspectorate of Mines and Lesotho Diamond Centre.

LT: Currently the mining sector contributes just below 10 percent to the country’s Gross Domestic Product and government expects the figure increase to 17 percent in the 2017/18 financial year with aspirations for the creation of more jobs. Do the changes proposed by the Bill reflect and support the government’s intentions?

LM: In my opinion the answer is no. The bill has important changes and introduction of important institutions which are not provided for in the 2005 but it has a major setback in that it presupposes that investors, especially in diamond mining, will come to Lesotho without a pivotal part being played by the local private sector.

The good changes are those that propose to establish institutions which are not provided for in the 2005 act. They include the following:

Minerals and Mining Bill 2017 Section 64: The Government, through the National Mining Corporation, shall have the right to hold shares at the minimum of 25 percent and to have free carry interests in respect of those shares on any mineral mining venture, except in small scale and artisanal mining ventures.

The actual percentage shall be agreed between the Government and the company.

Section 65: The following shall have the right, on top of grant of mineral rights, to sign a Mineral Development Agreement:

(a) Any company which wants to engage in extraction of Mineral resources and holding minimum capital of one hundred million (100,000,000.00) Maloti or its equivalent in United State Dollars.

Section 202: A foreign company mining company shall be encouraged to issue participating shares to local mining companies, as per the following conditions:

(1) The local mining company shall hold participating shares of at least ten percent (10%).

(2) It shall not be necessary that the percentage of shares indicated be made up of paid up capital, although the paid-up capital shall be the basis for payment of dividends.

(3) The National Mining Corporation established under this Act may provide capital guarantees to local companies that enter into participation arrangements in accordance with the provisions of this Act.

LT: The involvement of local players in the mining sector is one of the issues that the Minerals and Mining Policy aims to improve on. Would you say the Bill clearly supports this?

LM: The bill supports this although the approach is wrong. I think the people who drafted this bill have never been involved in setting up of a diamond mine in Lesotho.

Most investors would request the coordinates of the proposed mine and conduct a geo-magnetic satellite imaging and survey. They physically visit the area and analyse the mineral deposits with focus on the size, colour, shape, purity of ilmenite (its presence is associated with presence of diamonds in Lesotho) rubies and garnets.

They prospect before embarking on full scale mining. All the foregoing can be done by a big number of Basotho. Our politicians think, and wrongly so, that it is only foreigners who are conversant with mining not Basotho. It is not like that. The foreigners only have big muscles in terms of start-up finance or capital.

The bill requires minimum capital of M100 Million Maloti which Basotho business people and aspiring miners do not have. That is its major setback despite other areas where it comes with good provisions.

It also requires M50 million for processing and beneficiation which also is cumbersome. A two-man diamond cutting laboratory can be set up with less than M100 000 which most people in Lesotho can do from their pocket expenses instead of high interest-bearing loans

Lastly the Government has a 25% free carry shareholding in processing but I have not seen a business where a government owns shares in a secondary production stage apart from well-known monopolies such in energy sector and basic consumer goods like mealie and beverages production.

LT: There has been very little if any domestic private investment in the mining sector to date. How can this be addressed by the proposed new legislation?

LM: It is not true that there is no domestic private investment in the mining sector. There is but the world of diamonds is full of masquerade and deceit. It is in this area that African governments, Lesotho included, are not vigilant hence serious losses of revenue from minerals.

There is too much smuggling and money laundering that goes undetected even in Lesotho. I will not name these people who practice these unscrupulous methods and even have high-ranking government officials in their pockets or they pull them by the string like puppets as they made government officials pawns on the dirty chess-boards.

If we are seriously desirous that Basotho individuals should participate in mining, we should be making provisions which leave a free carry minimum of 10 percent for those individuals who make effort to establish a mine until it reaches a bankable stage so that they acquire free carry stake at the mining phase.

The government should contribute capital equal to that of the investor so that the shareholding is equal and majority of the shares remain in Lesotho. If they do this, in five to 10 years when we have acquired the full technological know-how and skills, we can invoke a contractual clause to buy out the foreign investor completely and ensure that the wealth of Basotho remains in Lesotho.

Anything other this is only going to ensure that the rich get richer and the poor Basotho get poorer.

LT: Are you content with the beneficiation plans the Bill proposes to ensure that locally mined mineral resources create more wealth for the locals?   

LT: Yes and no. Yes, because at least a tiny hole is opened through which the enthusiasts in the field may go through to participate in the sector.

Again No. I pose the following question, where will Basotho get diamonds to cut and polish when they do not own mines? Will they board planes to go and buy rough diamonds in Antwerp (Belgium), Tel Aviv (Israel) or elsewhere and then take them back to Lesotho to polish and re-export to the same destinations? Will they get value?

I think the law should make provision for the compulsory local polishing of a certain percentage of diamonds produced in Lesotho. I think this way we can have well-established cutters and polishers setting up shop in Lesotho.

It has happened with Botswana and the benefits are enormous. Jobs, infrastructure development, skills transfer, tourisms among other things.

Mikia Kalati

LOCAL football was plunged into disrepute on Sunday after the cancellation of two Econet Premier League matches as a result of the bungling by the Premier League Management Committee (PLMC) and the Lesotho Football Association Referees Committee (LeFA RC) which led to the non-availability of referees.

Now this is sheer incompetence on the part of the two bodies which are supposed to closely collaborate to ensure matches are successfully staged.

But the four teams incurred expenses in preparing for and travelling to the match venues only find that there were no referees to handle the games.

In addition, there were thousands of football fans who also made their way to the match venues as did journalists only to learn of this debacle which can only serve to further dent the image of the game.

This is bad enough on its own but the bungling on the part of LeFA RC and the PLMC is all the more unacceptable coming as it does at a time when the league body is crying out for more sponsors to take the local game to a higher level.

This is the first season in which Econet Lesotho are back bankrolling the league. They have even added a whole host of awards to increase the level of competition and the least that they should receive as sponsors is mileage.

An orderly state of affairs would help to keep the sponsors happy and possibly attract more corporate entities to the beautiful game.

But this will not happen when a team can be made to travel all the way to Mohale’s Hoek for an abortive fixture.

I made the trip to Ratjomose Barracks Ground in Maseru where I joined up with thousands of football fans who had hoped to see two of the country’s most successful teams in action.

Matlama and LDF have won 17 league titles between them, with the former having won nine to their rivals’ eight.

Even if they have lost their dominance to Bantu and Lioli, a clash between the two remains a major drawcard and for that reason, LeFA RC and the PLMC could not have chosen a worse time to display their incompetence.

The other aborted fixture was between Majantja and Kick4Life.

We surely cannot expect our football to grow when administrators behave like this and commit errors that damage the image of the game.

The two bodies must own up to their mistakes and apologise to the football fraternity.

They should also cover the expenses the four teams incurred for the abortive matches and ensure that such a mess will not be repeated.

Our football might still be at amateur level but that does not mean we should be making such horrible mistakes especially as our goal is to turn professional in the near future.

Mikia Kalati

LESOTHO international Kananelo Makhooane who last year put his football career on hold to focus on his studies in China is raring to return to action after signing a short term contract with his home team, Matlama.

The Sea Point-born goal minder recently inked a three month loan deal from his club Lioli to fulfil what he says is a long-standing dream to don the colours of Matlama.

At the expiry of the loan deal, he will however, return to China to complete his Masters in Marketing studies.

“I am home until March but still get to play and train with one of the teams in China though I will not be playing competitive football,” Makhooane said.

“I grew up in Sea Point and a lot of people have always wanted to see me playing for Matlama. Personally, I always felt I could do the difference and make the people who love Matlama happy.”

The former Makoanyane XI goalkeeper said he had to make a tough call to temporarily abandon the beautiful game in order to prepare for life after football.

“I reached a stage where I felt that things have not gone as planned,” the goal minder stated.

“I also looked at those before me and where they are in life and what I would have achieved by the time I get to their ages and decided that it was important to focus on my studies and put the football career on hold so as I can have something to fall back on when my playing days are over.”

Makhooane who made his name playing for Likhopo before moving to Lioli two seasons ago, said it was important for soccer players to plan well for the future especially as football has never been a rewarding career in Lesotho.

“I think what matters is to look at the cost of living even without criticising those in administration of the game. You need to ask yourself what will happen to you in the next five years if you are a player that is aged 25. You need to ask yourself if you are able to make a decent living through football in our country.

“Will you be able to survive on that and sustain your needs? I think we need to look ahead and prepare for the future.”

Meanwhile, Matlama have transfer-listed six players including long-serving defender Tšeliso Ramathe and striker Morena Mohlominyana as they continue to look for players that can help them compete for honours.

League champions Bantu are assessing a number of players including former Sandawana captain, Tau Masiu.

Bantu public relations officer Bokang Phasumane told the Lesotho Times that Masiu is among players being assessed by their technical team but nothing had been finalised.

Mamohlakola Letuka

THE Junior Certificate (JC) 2017 pass rate has improved by 0.6 percent from 68.9 percent in 2016 to 69.5 percent in 2017, the Minister of Education and Training, Mokhele Moletsane announced this week.

Speaking at a News Briefing held at the ministry, Mr Moletsane said of the 20,913 students who sat for the exams, 14,533 (69.5 percent) passed.

Last year, a total of 21,287 candidates had registered for examinations, and of these, 20,913 sat for the exams while 374 did not go through with the final examination.

“This year’s performance has slightly improved compared to 2016 because of an increase in the number of students who obtained first class with merit, first and third classes. However, there was a decrease in the number of students who passed with second class,” Mr Moletsane said.

A total 344 students (1.6 percent) obtained first class with merit; 1,398 (6.7 percent) had first class pass; while in the second class, there were 10,232 students (48.9 percent); and a total 2,559 students (12.2 percent) attained third class pass.

Mahase Ithateng of Leqele High School took the first position followed by Mapeshoane Manehella Khahliso (Lesotho High School); Mothae Mapuleng Christina (Lesotho High School); and Pule katleho Gladys (Lesia High School) in second position.

In third position were Maliehe bataung (Leribe English Medium High School) and Peete Mamasilonyane (Methodist High school).

Mr Moletsane congratulated all students who excelled in their examinations. He however expressed concern over the performance, explaining that only a handful of schools were producing quality grades.

“A total 326 candidates who performed exceptionally well are from only 18 schools out of 341 schools. It is a concern that 26 percent of the students who attained outstanding performance were from one school,” Mr Moletsane said.

He said one of the factors that could be attributed to this uneven pass rates might be the selection process that allowed certain schools to admit only the best learners in the country.

“We are looking at addressing this challenge through a new selection system we have just introduced.”

He explained the new system will allow students to be enrolled in schools close to their homes thus distributing candidates evenly among all schools without any discrimination.

“This is one of the steps we are implementing toward achieving quality education for all students in line with the Sustainable Development Goal 4. It Is the responsibility of the government, teachers, parents and other actors to ensure the improvement of education quality so that we do not have students from a few schools outshining others.”

He raised concern over poor performance in Quthing district, which came last, adding the ministry was in the process of introducing various measures to improve the pass rate.

“One of the steps we are taking is to develop a language policy, as one mechanism that will remove the language barriers in the education sector,” Mr Moletsane said.

Explaining performance by district, he said Butha- Buthe obtained the highest pass rate at 74.6 percent; followed by Leribe with 73.2percent; Mafeteng 72.4 percent; Berea 70.9; Mokhotlong 70.8 percent; Maseru 69.8 percent, Qacha’s Nek 64.8 percent; Mohale’s Hoek 64.5 percent, Thaba-Tseka 56.3 percent; and in the last position Quthing with 55 percent.

Tefo Tefo

ANOTHER member of the Lesotho Defence Force (LDF) Private Kopano Matsoso was on Monday joined to the other two army officers facing a murder charge for allegedly killing one Lisebo Tang near former LDF commander Lieutenant General Tlali Kamoli’s residence in 2014.

Private Matsoso, 31, from Morifi in the Mohale’s Hoek district first appeared before the Magistrate’s Court on Monday where a charge of murder was read to him as he was joined to Corporal Tjekane Sebolai and Private Selone Ratšiu.

The duo had first appeared before the Magistrates’ Court on Friday charged with killing Lisebo Tang and Tšepo Jane at Ha-Leqele, near Lt-Gen Kamoli’s residence in 2014.

The three army officers were said to be the bodyguards at the former commander of the Lesotho Defence Force (LDF) when they allegedly shot at the vehicle that parked near the place. Ms Tang and Mr Jane were in the targeted vehicle.

On 23 October 2017, High Court Judge, Justice Teboho Moiloa released on M1,000 bail, Corporal Sebolai and Private Ratšiu and ordered them to attend remands and stand trial.

They were also ordered to report once a month on Saturday at Thamae Police Station and not to interfere with Crown witnesses.

However, Private Matsoso was on Monday 8 January 2017, remanded in custody and informed he could only apply for bail at the High Court.

The murder to which the three army officers stand charged, has been separated into two charges, according to the charge sheet.

In the first count the accused are charged with contravening provisions of section 40 (1) of the Penal Code Act of 2010, read with section 109 of the same act;

“In that upon or about 9 May 2014, and at or near Ha-Leqele, Sekoting in the district of Maseru, the said accused each one or both acting in concert and furtherance of common purpose did unlawfully perform an act or omission with the intention of causing the death of one Lisebo Tang to wit;

“By shooting the said Lisebo Tang with AK 47 firearms on the chest and stomach resulting in Tang sustaining serious injuries that led to her death on 9 May 2014.”

Similar narration of the events was also stated in another murder charge relating to the death of Tšepo Jane, who later died from injuries he sustained from the shooting.

Private Matsoso is expected to appear again on remand before the Magistrate’s Court on Monday next week, while his co-accused are expected to appear again on remand next month.

Bereng Mpaki

THE Chinese government will soon build a state-of-the-art hospital known as the Maseru District Hospital and Eye Clinic Project that will act as a referral centre for patients and remove the need to transfer them to South Africa and other countries for special medical attention.

This was revealed at yesterday’s signing ceremony dubbed the ‘Exchange of Letters on China Aid’ between the two governments at the Chinese embassy in Maseru. Construction will begin before year end.

Development Planning Minister Tlohelang Aumane represented government of Lesotho while China was represented by its ambassador to Lesotho, Sun Xianghua. The ceremony was graced by the Deputy Prime Minister, Monyane Moleleki.

Maseru has been without a district hospital since the closure of Queen Elizabeth II Hospital (Queen II) in 2011 when Queen ‘Mamohato Memorial Hospital (QMMH), which is a referral hospital came into operation.

This resulted in the overcrowding of patients at QMMH which compromised service delivery at the facility.

The new hospital will be built on the site of the Queen II Hospital.

Zou Mengliang, from the Economic and Commercial Counsellors office at the Chinese Embassy in Maseru, told the Lesotho Times that after the signing ceremony the next step would be the designing of the project which would determine the costs of the project.

Speaking during yesterday’s signing ceremony, Mr Moleleki expressed optimism that the new hospital would ensure patients are given the best health care within the country.

“Let me draw your attention to a tragic event that took place one week ago but which has been a trend over the 51 years of Lesotho’s independence, Mr Moleleki said.

“The trend has been that when our prime ministers, former prime ministers, queens, senior people and the rest of our society are seriously ill they have to, of necessity, be taken to other countries for medical attention and often they come back to Lesotho in coffins.

“This unfortunate trend which has been our way of life and which we have come to take for granted will come to an end as a result of this magnificent project,” Mr Moleleki said.

His sentiments were echoed by Dr Xianghua who said, “The Maseru District Hospital and Eye Clinic Project will be the single largest infrastructure project that China gives to our brotherly Basotho to date”.

“Once built, the current situation that Maseru as the capital of Lesotho does not have a district hospital will change and the public health system of Lesotho will be greatly enhanced.

“More importantly, the Maseru District Hospital as a specialised hospital, will provide quality health service and thousands of Basotho will not have to go to foreign countries for medical treatment,” Dr Xianghua said.

Dr Xianghua further indicated that the new hospital would also be a training centre for junior doctors and nurses.

“I am confident that once this hospital is completed, with a floor area of 21330 square metres and equipped with relevant equipment, it will bring tangible benefits to thousands of Basotho every year and in many years to come. It will become a telling example of China-Lesotho friendship and cooperation in this beautiful Mountain Kingdom.”

China’s commitment to the Lesotho’s public health project is a result of the Forum of China- Africa Cooperation (FOCAC) 2015 Summit plans for China to give more assistance to African countries. Dr Xianghua said more projects were lined up for Lesotho.

“Meanwhile, under the frame work of FOCAC, we are currently in discussions with our Lesotho counterparts on some other major projects and in the near future, our discussions will be finalised and more projects will be implemented.

“The signing of this agreement is only the first step in a long march. The building of a new specialised hospital is quite different from other infrastructure projects that we have done in Lesotho. Its design, equipment installation and operation are a complex process which needs our close collaboration and cooperation.

“A number of ministries, particularly the Ministry of Health, the Ministry of Public Works and the Ministry of Development Planning will be involved in implementing this project.”

For his part, Development Planning Minister, Tlohelang Aumane, said the costs associated with transferring patients outside the country would also be reduced and “the savings accrued can be used to finance other activities”.

He further said that the strong cooperation between the two countries has seen China supporting Lesotho in various projects over the years.

He said other projects that would commence soon include the Maseru Fire Station project, construction of Lesotho Agriculture Products Warehouse and Logistics and the Maseru Waste Disposal project.

Tefo Tefo

SUSPENDED Ambassador to the United States of America, Advocate Kelebone Maope, has been granted an interdict allowing him to continue his benefits and have access to his office until his court application against an envisaged government of Lesotho probe into his alleged misconduct probe has been finalised by the High Court.

The interdict was granted last Friday by Justice Semapo Peete after Advocate Maope, who is also Lesotho’s Permanent Representative to the United Nations (UN), had filed an application against an urgent application before the High Court seeking to prevent the government from investigating him for unspecified alleged misconduct in New York in the USA.

The government on 27 December 2017 wrote to Advocate Maope suspending him from office as ambassador and Permanent Representative with immediate effect pending investigations into his alleged misconduct.

The letter states that he would be entitled to his monthly salary and his residence but he is prevented from entering his work premises until the probe is over.

Part of the letter reads: “This serves to inform you that you are hereby being suspended from your official duties of Lesotho’s Ambassador and Permanent Representative to the United Nations, effective from 27 December 2017.”

“You are, however, prohibited to enter the premises of Lesotho-New York and/or to use any other property owned or leased by Lesotho New York including an official car which will continue to serve the mission’s daily operations.”

Advocate Maope subsequently filed an urgent before the High Court challenging the decision.

He cited the Principal Secretary for the Ministry of Foreign Affairs and International Relations, Minister of Foreign Affairs, Lesego Makgothi and International Relations and the Attorney General as first to third respondents respectively.

Justice Peete last Friday ordered that Advocate Maope be allowed access to his offices, continue receiving his salary and use the official car until the case has been finalised.

He also ordered that the case should be heard on 19 January this year.

In his application, Advocate Maope, wants the respondents to ‘show cause’ why his suspension “as Ambassador and Permanent Representative of the Kingdom of Lesotho to the United Nations in New York, USA, shall not be reviewed, corrected and set aside.”

He also wants the respondents to ‘show cause’ why “the respondent’s decision to conduct an investigation into the applicant’s alleged act(s) of misconduct shall not be reviewed, corrected and set aside.”

Motivating his application Advocate Maope made an affidavit stating the background of the events that led to his lawsuit.

He states that the Principal Secretary wrote to him suspending him from his duties to allow investigations into what he says was his alleged misconduct during the Minister of Foreign Affairs’ visit in New York on the occasion of the General Conference of the International Court of Justice last month.

“I humbly submit that the decision to investigate alleged act(s) of misconduct against me, my suspension, as well as its terms, are unfair, irregular, irrational, unlawful and invalid for the following reasons:

“The decision to conduct an investigation against me is very drastic and constitute a blot on my dignity and reputation and it should have been made following a fair process.

“I should have been informed of the allegations made against me and invited to ‘show cause’ why an investigation should not be conducted against me,” part of his affidavit reads.

“The suspension can only be calculated to create embarrassing curiosity about my status as Ambassador and a diplomatic incident that can only do harm to the image of Lesotho. There are no time frames about how long the suspension and the investigation will last.”

He further argues his suspension will prevent him from attending some of the events beneficial to Lesotho.

He reiterates: “The allegation of misconduct against me is completely unfounded.”

Advocate Maope is in his second term in New York as Lesotho’s Ambassador and Permanent Representative.

He first went on the mission in 2012 on three year contract.

His second term began on 5 July 2016 and ends on 5 July 2019.

Limpho Sello

The Consumers Protection Association (CPA) has lambasted the Water and Sewerage Company (WASCO) for negligence that led to some bloodworms to recently wriggle their way into the Mpilo Resevoir.

Reports of the presence of the bloodworms in some parts of Maseru were brought to the attention of WASCO during the Christmas holidays.

In an interview with the Lesotho Times yesterday, the CPA Executive Director Nkareng Letsie said the presence of the bloodworms in the water showed that the quality of the water was compromised.

He said consumers who each month pay for safe and fit to drink water deserved to know how the water was compromised or polluted to understand what exactly they are boiling to kill since the bloodworms are said to be harmless when swallowed.

On Monday this week, WASCO’s Public Relations Manager, Lineo Moqasa confirmed in a statement that supplies from the Mpilo Reservoir had the larvae of midge fly commonly known as bloodworms.

Areas affected include Old and New Europa, Police Europa, the Central Business District, Maseru West, Mabote, Sekamaneng, Tsenola, Naleli and Motimposo.

Ms Moqasa suspects that some activities including testing and maintenance work could have created opportunities for the bloodworms to find their way to the Mpilo reservoir.

“The bloodworms are harmless and if one is accidentally swallowed, it would be as harmless as swallowing an ant. They pose no health risk,” read Ms Moqasa’s statement.

Despite indications that the bloodworms are harmless, WASCO encouraged consumers to boil or filter their water before consumption.

However, research showed that bloodworms, which are usually used as fishing bait, thrive in polluted water with low oxygen levels. Water that has low dissolved oxygen sometimes smell bad because of waste products produced by organisms that live in low oxygen environments. The ratio of the dissolved oxygen content to the potential capacity gives an indicator of water quality.

Mr Letsie of CPA said the current water crisis that has seen some areas affected experiencing disruptions in supplies, including the central business district, was a shocking sign of incompetence by WASCO, who are supposed to ensure that all quality control measures are taken before distribution, in accordance with the acceptable global standards.

“There is no way that water with bloodworms wriggling in it can be safe for human consumption, even after boiling because we need to understand what has triggered the presence of the worms and ensured their survival in the water?

“This is evidence enough to show that WASCO operations cannot be trusted because they are not doing what they are expected to do, which critically includes conducting regular quality control checks. This also tells consumers that WASCO has failed on its mandate. We fear that some people might have been exposed to some health risks, such as the effects of that bloodworm infested water on the skin,” Mr Letsie said.

However, so far, no sicknesses that can be connected to the water have been reported while the water company has embarked on remedial actions, including draining and cleaning of the distribution system of the affected areas, and flushing and cleaning one of the main service reservoirs at Mpilo.

The water company said its laboratory staff were closely monitoring the water quality and they are confident that despite the bloodworms, the quality standards remained compliant with all microbiological, chemical and physical specifications in line with the World Health Organization (WHO) standards.

“We continue to work towards the elimination of this aesthetic nuisance from tap water to ensure there will be no recurrence. We are also consulting to share experiences with other water utilities who have experienced this challenge in other countries to ensure that there is no repeat,” Ms Moqasa said in her statement.

Bereng Mpaki

There was significant reduction in the number of road accidents and fatalities during the recent festive period compared to the same period last year, statistics from the Road Safety Department show.

Results from the 2017 Road Safety Christmas and New Year Campaign that began on 15 December 2017 and ended on 3 January 2018 show that fatalities declined to 26 from last year’s 29 while the number of accidents also dropped to 227 from 394.

The results were revealed during an Evaluation Meeting of the 2017 Road Safety Christmas and New Year Campaign that was convened in Maseru this week.

The meeting was attended by representatives of stakeholders who took part in the campaign including the Road Fund, Lesotho Mounted Police Service, Lesotho Defense Force, Lesotho Revenue Authority, Maluti Mountain Brewery, Vodacom Lesotho, Limkokwing University of Creative Technology, Magistrate office and the Ministry of Finance.

Presenting the statistics, Police Superintendent Clifford Molefe also revealed indicated that the number of affected motor vehicles in the road accidents had also gone down from 662 to 230.

Supt Molefe further showed that the number of people injured also went down from 214 to 110. He said there was also just one animal that was killed on the road as compared to 20 that were killed during the 2016 Christmas holidays.

Supt Molefe also said an even greater reduction of the road carnage could be with more resources.

For her part, Ntumeleng Ntšekhe, the Chief Information Officer of the Road Safety Department, attributed the decline to the awareness campaigns they conducted.

“Our road safety education campaigns are starting to bear fruit as people are beginning to appreciate the importance of being safe on the roads,” Ms Ntšekhe said in an interview with the Lesotho Times.

“This year we had a new strategy of imposing spot fines and we believe that these played a big role in discouraging would-be offenders as word quickly spread to road users who had not encountered our road blocks.”

Ms Ntšekhe further indicated that common road offences include over-speeding, unroadworthy vehicles, absence of driving permits, texting while driving and drunk driving especially by young motorists.

She said they were also planning to scale up by introducing monthly road safety campaigns in order to achieve zero accidents on the roads.

“There is a possibility that some road users comply with the law only during the Christmas holiday because of our presence on the roads. So, by introducing monthly campaigns we want to ensure that road users adhere to the law throughout the year. That way we will be able to achieve our target of zero deaths and accidents on our roads,” she said.

Lijeng Ranooe

MAFETENG

THE College of Co-operative Entrepreneurship and Business Studies (CCEBS) has launched a collaborative programme with the Acculturation Health Development (AHD) to equip students with entrepreneurial skills.

This was revealed by CCEBS Founder and Deputy Director, Mpitseng Ntsoele at a recent Acculturation Seminar in the Malakeng village in the district of Mafeteng.

CCEBS was established in June 2016 and it offers diplomas in Cooperative Entrepreneurship; Micro- Finance Management; Production and Manufacturing Management as well as a Certificate in Cooperative Management.

AHD is a non-profit organisation that was established in December 2016 and it targets tertiary as well as unemployed youth for leadership training and health advocacy.

Speaking at the acculturation seminar, Ms Ntsoele said they were “determined to change lives”, adding the college was founded to address the challenge of high unemployment in the country.

“Most colleges only provide theoretical lectures and students consequently struggle with the practical aspects of their jobs in the work environment.”

“In response to this, we have designed our courses so that by the time our students are in their third year of study they would have engaged in food and cosmetic production in order to develop the entrepreneurial skills they will need to start their own businesses.”

Ms Ntsoele also said that despite funding challenges, the college had however, created employment by hiring five lecturers, a security guard and two cleaners.

For her part, Mookho Moqhali the chief executive officer of AHD, advised students on the need to have a vision that guided their lives.

She said it was important for them to prioritise their health by shunning risky behaviour such drug abuse.

She further advised them to take up youth health advocacy and educate their peers on the risks associated with drugs.

’Marafaele Mohloboli 

About eighty eight former Basotho mine-workers are set to receive compensation worth M8.6 million from Q(h)ubeka Trust of South Africa  for health complications suffered while working in that country’s mines, the Lesotho Times has learnt.

Qhubeka Trust was founded in March 2016 on the back of a lengthy compensation battle by attorneys representing ex-mineworkers who have contracted silicosis while working for various mines owned by Anglo American and AngloGold Ashanti Limited.

The trust was established with the specific purpose of distributing the M395 million settlement which Anglo American and AngloGold Ashanti Limited agreed to pay to claimants in March 2016 as compensation to ex-miners who contracted silicosis working for the two companies in South Africa.

The trust’s chairperson, Sophia Kisting-Cairncross, said Qhubeka “recognises and honours the thousands of claimants who have struggled for decades with the debilitating effects of Silicosis, but have never received any form of compensation from the mining companies responsible for their illness”.

The 88 are the first batch out of 1 154 miners who submitted their claims for compensation for occupational diseases contracted while working at mines owned by the conglomerate AngloGold Ashanti Limited.

All in all the trust has a total of 4365 claimants from various parts of South Africa, Lesotho and Swaziland.

A press statement issued this week by the Mineworkers Development Agency (MDA), states that the 88 are miners “who may be suffering from occupational lung disease- silicosis, as a direct result of the failure of the mines to ensure adequate protection measures against the disease for their mine workers”.

“To date approximately 35 percent of the claimants in Lesotho have been tested, and have been deemed to be suffering from the disease, thereby qualifying them for the claim payouts.”

The multi-million maloti payout is the outcome of negotiations for a settlement between the miners’ legal representatives and their former employers.

“Now that the attorneys representing these miners have successfully negotiated a settlement, the Trust has partnered with the Mineworkers Development Agency (MDA) in Lesotho to facilitate the provision of compensation to all Q(h)ubeka Trust qualifying claimants.

“The process of assessing the eligibility of claimants is a lengthy one and begins with a comprehensive medical evaluation aimed at establishing that each claimant suffers from silicosis,” the statements reads.

Silicosis is a progressive and incurable lung problem ailment caused by long-term inhalation of silica dust in the mines.

Q(h)ubeka Trust has since partnered with local health service providers to provide medical tests to miners.

After the tests, the results are sent to a panel of qualified medical specialists who make a final decision as to whether or not those tested have contracted silicosis.

Dr Kisting-Cairncross said although the trust had made progress in assisting ex-miners, there were still a lot of challenges that needed to be overcome in order to deliver on the Trust’s mandate within the given time frame which has been set at April 2019, for the completion of the medical assessments and the first tranche of compensation payments.

One of the major challenges is that of tracing the claimants whose contact details have changed since the settlement lawsuit was first initiated.

The other challenge is that of proving that the miner worked for the mine for the minimum two years to be eligible for compensation.

“To qualify for compensation claimants must be able to show proof of at least two years of service in AngloGold mines. However employment record keeping by the mines has generally been found to be very poor,” Dr Kisting-Cairncross said.

She said while no amount of money could restore the claimants to good health or return the deceased claimants to their loved ones, “The settlement payments represent a measure of the compensation that these claimants and their families deserve for the suffering they have endured as a result of this debilitating disease”.

To date, 2350 of the 4365 claimants have undergone medical assessments but less than half of these have been determined to be suffering from Silicosis.

As of 30 November 2017 a total of R102m had been awarded to claimants from different countries.

In terms of the Trust Deed which sets out the claims criteria the Trust has until April 2019 to complete the medical assessments of all claimants, and make the first tranche of compensation payments to qualifying claimants.

After this, the Trust will make a second tranche of payments where the remaining settlement funds that were not paid out in the first tranche will be distributed to the qualifying claimants as well as the family members of qualifying deceased claimants.

Tokelo Rasephei

THE Ministry of Local Government and Chieftainship is set to establish the Lesotho Association of Land Authority (LALA) with the help of Botswana Association of Land Authority (BALA) and the United Cities and Local Governments of Africa (UCLG-Africa).

This emerged during a two-day Peer Learning Dialogue Partnership workshop recently held in Maseru.

Speaking at the workshop, the Minister of Local Government and Chieftainship, Habofanoe Lehana said the meeting was crucial as it brought together all the local government councillors to discuss and contribute to the formation of the Land Authority. Lesotho, he explained, was one of the few countries in Africa which was losing benefits that came with the establishment of a land authority.

He said Lesotho welcomed the steps taken to establish the land authority as this would improve management and utilisation of land and contribute to the acceleration of growth.

“I believe LALA will do a lot to help boost the economy and importantly to bring together stakeholders critical in the proper administration on land and to enrich the role of the local government,” Mr Lehana said.

He further explained that the UCLG-Africa (an umbrella organisation that represents local governments in Africa) was implementing a programme intended to support the setting up and empowerment of national associations of local governments and of individual governments to deliver on their mandates; and to engage into structured dialogues with central governments and others pertinent stakeholders.

“In the past, there were several attempts to establish a local government national association but due to some challenges, the goal of those initiatives was not achieved.

“It is against this backdrop that we acknowledge the presence of UCLG-Africa to help us establish the national association of local government and we will commit to the establishment of such initiative in addition to the land authority,” Mr Lehana said.

Also speaking at the workshop, the President of the National Association of Local Authorities in Botswana, Reverend Mpho Marumo, said they were honoured to be part of a team that would facilitate the establishment of Lesotho Association of Local Authorities.

He explained they were requested by UCLG-Africa to help Lesotho establish the association as this was the backbone of all activities aiming to ensure sustained progress in economic and social development.

“We are aware that Lesotho has good policies that advocate for development, including in the areas of local government; what needs to be strengthened is the implementation of those policies through the participation of all Basotho and other crucial actors,” Rev Marumo said.

The UCLG-AFRICA is an umbrella organisation that represents local governments in Africa. Its mission is to promote decentralization of services in Africa through local governments to support improvement of communities.

It seeks to enhance efficiency in the operations of local governments to help achieve a transformation that is responsive to the needs of Africans, including addressing poverty and ensuring ease of access to essential services.

Tsitsi Matope

IT has been two years since the vicious killing of five-year-old Reitumetse Nthunya.

The child was allegedly stabbed by her family’s tenant in October 2015.

Although the suspected killer, Ntahli Chuene, handed herself in to the police the same day she allegedly committed the murder and even offered to show the police the body, the victim’s family says they are still waiting for justice to be served.

Reitumetse was just a month away from graduating from pre-school when she was allegedly lured from her home with the promise of sweets and potato chips before she was stabbed to death in Masowe.

Her mother, ’Mareitumetse Nthunya, says she still has many questions that only Chuene can answer and would feel better if the wheels of justice could turn faster for the family to have some closure.

“In some ways, the justice system has let us down because we lost a child more than two years ago and we are still waiting for the woman who took our child’s life to be tried. We need to understand why she did it,” Ms Nthunya said.

However, the Nthunya family is not the only one nursing the pain of losing a child in such gruesome circumstances and allegedly at the hands of the same 36-year-old Chuene.

According to High Court documents, two years before the killing of Reitumetse, in October 2013, Mpho Chuene, aged six years, was allegedly also lured from her home in Sea Point to Masowe, where she was stabbed with a knife. In this case, the victim was daughter to the wife of Ntahli Chuene’s maternal grandfather.

The Chuene family has also been waiting for justice for more than four years, with chances that some of the eight witnesses in the case might no longer be available. In both cases, Ntahli Chuene was charged under the Penal Code Act (Number 6 of 2010).

High Court records indicate that no trial was conducted in the first case before the suspect’s release through the Criminal Justice law which provides for a speedy trial and for the accused not to spend more than 60 days without trial with no valid reasons.

However, Chuene is expected at the High Court on 14 February 2018, for an interview with one of the assistant registrars, to discuss how the cases will proceed before the trial date is set.

The Lesotho Times recently visited Chuene at the Women Correctional facility in Maseru where she has been interned for the last two years. She blamed her actions on bitterness over her difficult life circumstances, which she claimed led her astray.

“I ask for forgiveness,” she said, explaining how she wished she could turn back the hands of time and do things differently.

The Superintendent for the Women Correctional facility ‘Marethabile Tale said officers were keeping a close eye on Chuene.

“We are closely monitoring her because the crimes she is accused of have to do with children. We have children in this facility and would not want to put them at any risk, mainly because, we are not yet certain of all the factors surrounding the two alleged murder cases since none of them were tried in court,” Supt Tale said.

However, the killing of Mpho Chuene made headlines in 2013, with police investigations pointing to a family dispute that had degenerated into murder as a weapon of revenge.

Reitumetse’s mother, Ms Nthunya, said her daughter would still be alive had the justice system finalised the first murder case and sentenced Chuene.

“Delays in finalising the first case and the release of the accused, led to the loss of my child. As if that was not enough, it has taken so long for my daughter to get justice,” Ms Nthunya said.

The two murder cases are only the tip of an iceberg reflecting a much bigger problem of how Lesotho’s justice system is struggling to process a backlog of over 3,000 cases, with chances that many of them are even forgotten.

The Minister of Justice and Correctional Service, Ms Mahali Phamotse says the government is looking at employing more judges and magistrates to help reduce the backlog, which has caused many people to lose their trust in the country’s justice delivery system.

“We have a serious shortage of judges and magistrates. As we speak, we are setting out cases to be heard in 2019 and 2020,” Dr Phamotse said, adding: “I can understand the national outcry, with some people complaining that our courts are not efficient, they are not delivering the services they are supposed to on time and yes, justice delayed is justice denied,” she said.

The minister also noted due to the slow pace of hearing some of the cases, some of these had become even more difficult to resolve as either witnesses, complainants or the accused had died or relocated.

Dr Phamotse further said the government was taking corrective measures to ensure quicker delivery of justice and ease the congestion crisis in the correctional service facilities.

However, the consequences of having a judicial system that is seen not to be delivering justice in reasonable time are grave. Some lawyers interviewed by the Lesotho Times said there were many cases of suspects who were released from remand prison only to commit the same crimes they had been arrested for in the first place, including murder and sexual offences.

Herbert Moyo and Tsitsi Matope

THE family of slain former army commander, Lt-Gen Maaparankoe Mahao, has written to the government, urging it to appoint a “special tribunal” of international judges drawn from Commonwealth of Nations countries to preside over his murder case and “other similar crimes committed by or involving members of the Lesotho Defence Force (LDF)”.

The family says the international judges are needed due to the fact that the case has attracted international attention and also because the huge backlog of criminal cases that the country’s judiciary is sitting on makes it unlikely that the case would be expeditiously dealt with.

Lt-Gen Mahao was fatally shot by his erstwhile 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.

Lt-Gen Mahao was appointed as LDF commander on 29 August 2014 after Prime Minister Thomas Thabane fired Lt-Gen Tlali Kamoli for alleged insubordination. However, Lt-Gen Kamoli rejected the dismissal challenging its legitimacy.

The Late Maaparankoe Mahao

After Dr Thabane relinquished power in the wake of the 28 February 2015 snap elections, the seven-party coalition government led by Pakalitha Mosisili reinstated Lt-Gen Kamoli, arguing that his dismissal and Lt-Gen Mahao’s promotion were illegal.

Lt Gen Kamoli was reinstated in a Government Gazette dated 21 May 2015 with another gazette issued on the same day terminating Lt-Gen Mahao’s appointment as LDF commander and reverting him to a brigadier.

Lt-Gen Mahao challenged his demotion in the High Court with the case not seeing the light of day after he was killed on 25 June 2015 by his LDF colleagues.

After two years without any movement on the case, the eight soldiers were arrested and first appeared before the Magistrates’ Court early last month. They have been attending remand hearings before the same court every two weeks.

The eight army officers are Captain Litekanyo Nyakane, Captain Haleo Makara, Sergeant Lekhooa Moepi, Sergeant Motsamai Fako, Corporal Marasi ‘Moleli, Corporal Motšoane Machai, Corporal Mohlalefi Seitlheko and Corporal Tšitso Ramoholi.

And last week, the Mahao family wrote to Justice Minister, ‘Mahali Phamotse, requesting the appointment of the “special tribunal,” saying this was “critical to ensuring fairness” as well as “ensuring cases are disposed of expeditiously in the interest of the accused”.

“Your Honour would be aware that eight members of the LDF have been arraigned before the courts of law on charges of the murder of Lt-Gen Mahao and parallel to that there are several cases involving members of the LDF with which the courts of law are or will be seized with in the weeks and months ahead,” states part of the letter which was seen by the Lesotho Times.

The letter, which is dated 4 January 2018, was also copied to Prime Minister, Thomas Thabane and Law Minister, Lebohang Hlaele.

“All these cases fall within the ambit of the Southern Africa Development Community (SADC) directive to Lesotho to pursue serious violation of human rights with the view to uphold the rule of law.

“The death of Lt-Gen Mahao has attracted not only a huge public interest here at home but also internationally. In the same vein the criminal case against those suspected of assassinating him will train the eyes of the world on the capacity, efficiency and fitness for purpose of the criminal justice system in Lesotho.

“Mindful of the well-known backlog of cases already weighing on the judges of the High Court of Lesotho and further alert to the sensitivity of these cases in light of the deep polarisation of Basotho society, we make a special appeal through your good offices to the government to consider the appointment of a special tribunal to try the accused.”

The letter resonates with the findings of SADC contained in a November 2017 confidential report that there were “residual tensions and deep rooted mistrust amongst politicians and divisions among the security establishments specifically (in) the LDF.”

The report was issued in the aftermath of the 5 September 2017 assassination of army commander, Lieutenant General Khoantle Motšomotšo, by his subordinates, Brigadier Bulane Sechele and Colonel Tefo Hashatsi.

The Mahaos’ observation on the backlog on criminal cases follows recent revelations by Justice and Correctional Service Minister, ‘Mahali Phamotse that Lesotho’s justice system is struggling to process a backlog of over 3000 cases.

Dr Phamotse yesterday confirmed she had received the letter from the Mahao family and her ministry will take appropriate action.

She said the government understood the family’s concerns and the need for a special tribunal comprising of foreign judges.

“Although this is a deviation from the norm, they are within their rights to request a process they can trust to provide transparent outcomes,” Dr Phamotse said.

However, she said the process of bringing foreign judges might take a long time as the government of Lesotho does not have an arrangement with the Commonwealth for them to provide support in legal matters.

She further explained that her office would formally engage the ministers of Foreign Affairs and Finance to discuss the feasibility of the process.

“There are also a number of factors we will have to consider, including the financial implications and the local legal processes that are currently underway.

“We cannot stop the case in the local courts to wait for the external judges because that could mean that we would have to release the accused persons who are in custody and then proceed when the external judges are here. We are not sure how long we will have to wait,” Dr Phamotse said.

She further explained that the need to have cases before the courts finalised expeditiously was also affecting many other people, hence the need to ensure the recruitment of more magistrates and judges to deliver justice within a reasonable timeframe.

“Since last year, we have been making efforts to have external judges and magistrates to help us finalise thousands of cases that are pending in our courts. We requested the European Union to support us with judges but we have already received a negative response.”