Mohalenyane Phakela

RESTIVE teachers have scheduled countrywide meetings to decide whether or not to resume crippling strikes amid growing anger over the government’s tardiness in addressing their long-standing grievances for better remuneration and improved working conditions. The meetings have been pencilled in for tomorrow in all the country’s 10 districts.

The Lesotho Times has established that the teachers, who have coalesced under the banner of three teachers’ unions- the Lesotho Association of Teachers (LAT), Lesotho Teachers Trade Union (LTTU) and the Lesotho School Principals Association (LeSPA) are pushing their leaders to declare a strike.

The looming strike, which will be third in less than 12 months, comes at a time when the governing coalition is battling growing unrest from various sections of society. The latest is the unprecedented job action by police officers who last week took to the streets around the country to protest the government’s failure to award them six percent salary increments as well as improve their working conditions.

The teachers, who brought the education sector to a standstill with their month-long strike in February this year, are livid with the government over its failure to timeously address their grievances. The February strike was supposed to last a year but it was called off after a month after the two parties agreed to negotiate.

“The government is taking us for granted and they have been taking us for a ride all this time. After Friday’s (tomorrow’s) meetings we are resuming the strike and this time there will be no going back until our grievances are fully met,” one teacher told the Lesotho Times on condition of anonymity. He was supported by many other fellow teachers who said they were tired of the government’s failure to address their grievances.

Letsatsi Ntsibolane, who is one of the teachers’ representatives in the negotiations with the government, was however more diplomatic, telling this publication that tomorrow’s countrywide meetings with their members would determine the teachers’ next course of action.

“I cannot say for now whether or not we will resume the strike but teachers will meet on 19 July (tomorrow) in all the country’s 10 districts where they will decide,” Mr Ntsibolane said this week.

“The teachers’ meetings will map the way forward on whether or not to continue the negotiations with the government. We met the government inter-ministerial sub-committee on Monday but we are not happy with the progress. In fact, there is nothing which came out which points towards the addressing of our issues.”

The teachers want the government to pay them salary arrears on their performance-based contracts dating back to 2009. They also want the government to pay salaries that are commensurate with their academic and professional qualifications as well as to weed out ghost workers from the payroll.

After the February strike this year, the cabinet appointed a special committee to help the Education and Training minister Professor Ntoi Rapapa address the teachers’ grievances.

The committee is chaired by the Minister of Communications, Science and Technology, Thesele ‘Maseribane. Other members of the committee are Prof Rapapa, Semano Sekatle (Public Service), Tefo Mapesela (Defence), Tsukutlane Au (Energy), Moeketsi Majoro (Finance) and Mokoto Hloaele (Home Affairs).

The teachers demanded a minimum eight per cent increment for the 2019/20 financial year.

Alternatively, the teachers also demanded a tax credit of M1200 to enable them to take home more money as disposable real income.

However, the government said it could not afford the eight percent increment and the two parties subsequently agreed that this would be implemented in the next financial year. The government also said that it could not afford the teachers’ M1200 tax credit demands.

The government agreed to promote 440 teachers who have been employed since 2016. The promotions will be effective upon the amendment of the Teaching Service Regulations of 2002.

Mr Ntsibolane this week said the teachers’ representatives have been meeting the inter-ministerial committee once a month since February and they are not satisfied with the government’s snail pace in addressing their issues.

The June 2019 progress report on the two parties’ meetings, seen by the Lesotho Times, shows that the salary structure review will only be completed next month. The promotion of the 440 teachers has not been effected as the process is still in the vetting stage.

“The new teachers’ career structure is complete and ready to be presented to the ministerial sub-committee with minimal changes to cater for the unqualified teachers. The salary structure review is ongoing and projected to be completed in August 2019.

“For the promotion of the 440 teachers, the Examination Council of Lesotho (ECoL), the Lesotho College Education (LCE) and National University of Lesotho (NUL) were all invited to assist with the vetting, preparation of the budget and to make submissions to cabinet for approval.

“The vetting by the LCE is complete while NUL and ECoL have not started the process. The budget is done and a memo has already been drafted It awaits the finalisation of lists (of teachers to be promoted),” the report states.

All these developments only offer cold comfort to the teachers who want urgent action to cushion them against the ever-increasing cost of living.

The post Teachers threaten another strike appeared first on Lesotho Times.

Pascalinah Kabi

NON-GOVERNMENTAL organisations, Development for Peace Education (DPE) and the Lesotho Council of Non-Governmental Organisations (LCN) have joined the growing chorus of local and international condemnation of Prime Minister Thomas Thabane’s moves to suspend and impeach Court of Appeal president Justice Kananelo Mosito.

On 5 July 2019, Dr Thabane wrote to Justice Mosito demanding that he “show cause” why he should not be suspended and impeached for allegedly interfering with the administrative functions of Acting Chief Justice ’Maseforo Mahase. (See story above).

The move has already been condemned by the Law Society of Lesotho who have since launched a Constitutional Court application to bar Dr Thabane from going ahead with the suspension and impeachment. It has also been condemned by the International Commission of Jurists (ICJ) whose Africa Director, Arnold Tsunga, recently told the Lesotho Times that this amounted to an interference with the independence of the judiciary.

And on Tuesday, the DPE’s Education Researcher, Thaabe ‘Moso, told the media that in seeking to suspend and impeach Justice Mosito, Dr Thabane had acted beyond his prescribed powers in contravention of the national constitution which guarantees the independence of courts in executing their mandate.

“The letter of 5 July 2019 through which the prime minister directs the president of the Court of Appeal to ‘show cause’ why the prime minister may not advise that the president of the Court of Appeal be suspended undermines the national constitution and is tantamount to an executive overreach,” Mr ‘Moso said.

He said the principle of separation of powers espoused by the national constitution is cardinal to good governance and should be defended by all Basotho.

“Besides defining the roles of organs of state authority, the main purpose of the constitution is to limit excessiveness and arbitrariness on the part of the executive which is vested with enormous powers. In the Lesotho constitution, section 118 (2) which guarantees independence of courts in discharging their functions and freedom from any interference, is an example of such.

“For the Prime Minister to contemplate invoking his right to advise the King (Letsie III) to suspend the president of Court of Appeal because the latter did not dispense his duties “well” in the matters related to the All Basotho Convention (ABC)  is seeking to act beyond his prescribed powers.”

Mr ‘Moso said that section 125 (3) of the national constitution states that a judge could only be suspended and impeached on account of inability to discharge his duties as a result of an infirmity of the body or mind, or misbehaviour. He however, said there was no mention of such inability on the part of Justice Mosito in Dr Thabane’s “show cause” letter.

On her part, LCN’s Democracy and Human Rights Commission Coordinator Advocate Lebohang Leeu said while the independence of the judiciary was a cornerstone of constitutional democracy, there was “a lot of interference by the executive in the judiciary”.

“Notable incidences (sic) have been in the appointment and impeachment of judges by (a sitting) prime minister…”

Former premier Pakalitha Mosisili recommended the impeachment of Justice Mosito who then resigned ahead of the process to oust him in December 2016. Justice Mosito only bounced back on 1 August 2-17 after being re-appointed by Dr Thabane who ironically is working flat out to remove him.

Adv Leeu also said the High Court and the Court of Appeal were polarised and their handling of cases had in some instances resulted in “preposterous outcomes on cases” which had caused the nation to lose faith in the justice system.

“The courts have also failed to articulate consistent methodology for ensuring the separation of powers. The inconsistencies are depicted in the preposterous outcomes. This constitutional turf battle has had undesirable consequences for the nation. The people have lost faith in the justice system. Our courts fail to live up to the old adage that justice must not only be done but must be seen to be done.”

Adv Leeu said divisions within the ABC and its coalition partner, the Basotho National Party (BNP) posed a threat to peace and stability and that the power struggles affected the parties’ ability to govern.

Ever since its February 2019 elective conference, the ABC has been locked in a bitter power struggle pitting Dr Thabane and other senior party officials against Professor Nqosa Mahao who was elected to the deputy leader’s position. Dr Thabane and others argue that Prof Mahao should not have been elected to the top post ahead of more seasoned party stalwarts.

Factions have also emerged in the BNP, pitting incumbent deputy leader Chief Joang Molapo against current spokesperson Machesetsa Mofomobe who is vying to take over from Chief Molapo at the party’s much-delayed electoral conference.

The post NGOs castigate Thabane appeared first on Lesotho Times.

Mohalenyane Phakela

THE Law Society of Lesotho have approached the Court of Appeal to have controversial Acting Chief Justice ‘Maseforo Mahase interdicted from unprocedurally presiding over a case in which she is a respondent along with Prime Minister Thomas Thabane.

In their apex court papers filed on Tuesday, the Law Society argue that contrary to the principle of natural justice, Justice Mahase presided over the society’s Constitutional Court application to have Dr Thabane interdicted from recommending the suspension and impeachment of Court of Appeal president Kananelo Mosito.

The Law Society first brought an urgent constitutional application on the night of 10 July 2019, seeking to have Dr Thabane interdicted from recommending the suspension and impeachment of Justice Mosito. This was after Dr Thabane wrote to Justice Mahase on 5 July 2019, demanding that he “show cause” he should not be suspended and impeached for allegedly interfering with the administrative functions of the acting chief justice.

However, the constitutional application failed to take off before High Court judge Justice Molefi Makara after the latter said the case file needed to first pass through Justice Mahase for allocation. The Law Society argues that cases are normally allocated to judges by the registrar of the High Court and not by the chief justice.

Justice Mahase further incensed Law Society officers Advocate Tekane Maqakachane (president), Lehlohonolo Matee (deputy president) and Adv Katleho Nyabela (member) when on 11 July, she resolved to postpone the case to 18 July (today). She said by today, she would have sought and obtained legal advice from Attorney General Adv Haae Phoofolo as to how to proceed with the case.

However, the Law Society argues that this is a blatant and flagrant violation of the principles of natural justice which state that one cannot preside over a case in which they are a respondent. Even Adv Phoofolo is a respondent in the Law Society’s application to have Dr Thabane barred from instigating the removal of Justice Mosito. Dr Thabane, Justice Mahase, His Majesty King Letsie III and the Attorney General Advocate Haae Phoofolo are cited as first to fourth respondents respectively in the Law Society’s constitutional application.

In their latest apex court appeal papers, the Law Society argues that “Acting Chief Justice Mahase erred and misdirected herself in sitting and presiding over a matter and issuing an order although she is a litigant in the matter, having been cited as the second respondent in the matter”.

“This is contrary to the common law natural justice principle that she may not preside over a matter in which she has an interest as a party thereto. She has effectively become a judge in her own cause. She further frustrated the efforts of the appellant to appear before a panel of three judges on 11 July 2019 and move the court for an interim relief.

“The second respondent (Justice Mahase) stood down the matter to 18 July 2019 and thereby rendering the urgent interim relief by the appellant nugatory illusory and/or with no practical significance. Such an order is a nullity and ought to be set aside on appeal by reason of the second respondent’s objective appearance of bias which disqualified her in law from dealing with the matter,” the Law Society states in its apex court application.

Basing on Justice Mahase’s grievances, Dr Thabane appears to be determined to get rid of Judge Mosito- a development widely seen as destroying the independence of the judiciary.

In his letter dated 5 July 2019, Dr Thabane asked Judge Mosito to “show cause” why he should not be suspended for allegedly interfering with the administrative functions of   Justice Mahase.  This after Judge Mahase had written to Judge Mosito over differences that stem from ongoing litigation by the two factions vying for control of the ruling All Basotho Convention (ABC).  Judge Mahase has apparently been ruling in favour of a faction of the ABC supported by Dr Thabane but her judgments have been overturned on appeal. Critics accuse her of being desperate to be confirmed in her position by appeasing the premier.

In his letter, Dr Thabane alleges that Justice Mosito interfered by entertaining an appeal by the Mahao faction against Justice Mahase’s alleged tardiness in hearing and delivering judgement in a case in which its members’ election into the ABC’s national executive committee (NEC) was challenged by three ABC legislators, Habofanoe Lehana (Khafung constituency), Keketso Sello (Hlotse) and Mohapi Mohapinyane (Rothe).

The trio approached the High Court on 11 February seeking the nullification of the election of Prof Mahao and others, claiming that the 1-2 February 2019 polls were marred by gross irregularities including “massive vote rigging”.

Exasperated by the frequent postponements of the case by Justice Mahase on the grounds that she was ill, the Mahao camp appealed to the apex court which, on 24 May 2019, ordered that it be heard by any other High Court judge (s) besides Justice Mahase.

The Mahao faction went on to win the case after the High Court bench comprising of Justices Thamsanqa Nomngcongo (presiding judge), Moroke Mokhesi and Sakoane Sakoane dismissed Messrs Lehana, Sello and Mohapinyane’s application, ruling that the alleged vote rigging would not have changed the outcome of the elections.

Justice Mahase did not take kindly to the apex court’s decision to have the Lehana, Sello and Mohapinyane application dealt with by other judges and she subsequently wrote a scathing letter to Justice Mosito on 27 May 2019. In that letter she accused Justice Mosito of interfering with her administrative powers at the High Court. She also suggested that Justice Mosito was an interested party in the case that involved Prof Mahao as the latter was his (Justice Mosito’s) boss at the National University of Lesotho (NUL). Prof Mahao was until 31 May this year, the Vice Chancellor at NUL where Justice Mosito is a lecturer.

And on 5 July 2019, Dr Thabane seized on Justice Mahase’s letter of complaint and served Justice Mosito with a letter demanding that he “show cause” why he should not be suspended to pave way for investigations to determine whether or not he is suitable to remain in office as president of the apex court.

In his letter, Dr Thabane said that Justice Mahase “indicated that you (Justice Mosito) issued orders which interfere with the administrative powers of the office of the Chief Justice.”

“You (Justice Mosito) made an order in a recent case of the ABC versus Lehana and others that the matter be heard by a different judge despite the same matter being part heard in the High Court…

“On the basis of the afore-going, I found it imperative as the head of government of the Kingdom of Lesotho to come to the rescue and preserve the reputation of the judiciary… You are hereby directed to ‘show cause’ why I may not recommend that you be suspended from your office…pending investigations to be made on your competency as the president and the justice of the Court of Appeal,” Dr Thabane wrote.

It was against this background that on 10 July, the Law Society filed a constitutional application to stop the looming suspension of Justice Mosito. One of the Law Society’s members, Adv Nyabela states in the application that the premier’s move is without merit and “constitutes a bare and naked interference with the independence of the judiciary”.

“The cause for complaint by the prime minister is entirely the manner in which the Court of Appeal made decisions/rulings in certain appeals that came before the court and/applied rules of that court as well as the enforcement of the rules of the said court. All these matters are within the domain, purview and competence and function of the Court of Appeal and have nothing to do with the inability to perform one’s functions or misconduct.

“The directive of the prime minister constitutes a bare and naked interference with the independence of the judiciary entrenched under section 118 (2) of the constitution as well as the contravention of the hallowed doctrine of separation of powers. Such a directive from the prime minister is a serious threat to the rule of law and constitutionalism and is arbitrary and an abuse of powers,” Adv Nyabela states on behalf of the Law Society.

In terms of the interim relief, the Law Society wants Dr Thabane to be interdicted from recommending to King Letsie III to suspend Justice Mosito.

The Law Society also wants Justice Mahase interdicted from allocating the matter to any judge. It also wants King Letsie III to be “interdicted and restrained from acting on any advice or recommendation” by Dr Thabane to suspend and/or to appoint any tribunal to investigate Justice Mosito.

In terms of the final relief sought, the Law Society wants Dr Thabane’s show cause letter to Justice Mosito declared “unconstitutional, null and void”. They also want Dr Thabane’s intended recommendation to His Majesty for the suspension of Justice Mosito to be declared a “violation of the constitution of Lesotho’s doctrine of the separation of powers”.

The post Law Society petitions Court of Appeal over Mahase appeared first on Lesotho Times.

’Marafaele Mohloboli

ALL Basotho Convention (ABC) leader and Prime Minister Thomas Thabane says he has all but given up hope of ever resolving the ABC power struggle due to what he describes as the “arrogance and intransigence” of his party deputy, Professor Nqosa Mahao, and his faction of the ruling party.

The ABC leader said he had tried everything to resolve the infighting with his deputy, including inviting Prof Mahao’s faction to explain why it should not be censured for insubordination and for taking party disputes to court. But all had been in vain. The premier said he had now given up on resolving the infighting within his ruling ABC.  He blamed the rebuff of his overtures on what he described as Prof Mahao’s “pomposity”.

Dr Thabane said this while addressing a weekend rally in Koro-koro, a stronghold of the Mahao faction. The ABC has not known peace ever since the party’s Koro-koro constituency committee nominated Prof Mahao who subsequently clinched the deputy leader’s post at the February 2019 elective conference. Prof Mahao’s victory was achieved despite the fierce resistance by Dr Thabane and other senior ABC officials who argued that the former National University of Lesotho (NUL) Vice Chancellor was a political greenhorn who should not be parachuted to the top post ahead of more seasoned party stalwarts. The resistance to Prof Mahao has continued even in the aftermath of the 12 June 2019 High Court ruling which recognised him and his other colleagues as the legitimate NEC of the party. Talks between Dr Thabane and Prof Mahao have failed to resolve the impasse. Three weeks ago Dr Thabane announced that he had expelled Prof Mahao, Samuel Rapapa (chairperson), spokesperson Montoeli Masoetsa and Matebatso Doti (deputy spokesperson) for alleged insubordination. The quintet have however, resisted the move and in turn, they have “suspended” Dr Thabane from the party.

Conscious of the fact that he had entered the lion’s den, the hotbed of the pro-Mahao faction on Sunday, Dr Thabane was at pains to pin the blame for the infighting on his rival.

He told the ABC supporters, including many who had been bused in from other parts of the country, that Prof Mahao and his loyalists’ were to blame for the divisions in the party.

He said he had done everything in his power to resolve the crisis but he had now all but given up due to Prof Mahao and his supporters’ “arrogance”.

“I exhausted all avenues to try and bring peace within the party,” Dr Thabane said, adding, “I tried to bar the party members from taking our issues to the courts of law because I knew that the courts would not bring us any solutions as they deal with other crimes such as rape. The ABC is not a party of rape.

“I tried to resolve the impasse by asking the newly elected NEC members to furnish me with reasons why I could not suspend them from the party, but given all the pomposity from them I must say I have given up.

“I played along and thought that with time they would come to their senses and repent but all was in vain.”

Despite having “expelled” the quintet from the fractious ruling party, Dr Thabane said he still entertained hopes that “they will eventually come around” and make peace with him.

Contacted for comment the pro-Mahao ABC spokesperson Mr Masoetsa dismissed Dr Thabane’s claims that he had tried his best to broker peace with his party rivals. Mr Masoetsa accused Dr Thabane of public posturing in Koro-koro and other rallies that he had addressed, saying, “everything that Thabane says either at party or administration level is just cheap talk meant to entertain his followers”.

“He (Dr Thabane) has failed to take control and bring about the much-needed change in the country. Whatever he says is neither here nor there because it doesn’t impact us in any way,” said Mr Masoetsa.

Dr Thabane also railed against unnamed party members for allowing themselves to be used in fighting him by unnamed people. He suggested his party opponents were angry with because they had failed to land influential posts in cabinet and elsewhere in the government.

“Stop fighting other people’s battles. Some of those who are pelting me with stones today were once very close to me but you should understand that it’s not all of you who can be ministers or principal secretaries. It’s not all of you who can be appointed to high posts in the embassies.”

He said the infighting in the ABC had caused most Basotho to lose faith in his two year-old administration’s ability to resolve the pressing socio-economic challenges facing the country.

“All the good that we have done and are still doing as a government has become invisible to the nation (because of the infighting)…. Yet I have received reports that the last batch of wool and mohair farmers are being paid their dues,” he said in reference to the recent events that have seen angry wool and mohair farmers take to the streets in their thousands to protest against the government’s regulations barring them from selling their produce from the country and through brokers of their choice.

The wool and mohair farmers are livid with the government over its regulations which prescribe that their produce be sold from Lesotho only by the Chinese controlled Lesotho Wool Centre (LWC) in Thaba Bosiu. The farmers have complained of late about inadequate payments by the LWC. They contend that they used to receive higher payments for their produce from South Africa through that country’s wool and mohair broker, BKB.

ABC Youth League president, Tšoloane Maphasa, also used the Koro-koro rally to attack principal secretaries for allegedly failing to ensure youths were provided with jobs.

“The principal secretaries have their hands in their pockets doing nothing while we youths are suffering and don’t have jobs. Why is it that we have become beggars when the ABC is in government? If they (principal secretaries) can’t deliver they should just go,” an irate Mr Maphasa said.

The post Thabane  gives up on ABC conflict appeared first on Lesotho Times.

• while politicians continue bickering

Staff Writer

While politicians continue bickering over power, Lesotho faces its worst hunger crisis in recent years with at least 600 000 needing urgent food aid by the end of this year.

The figure could increase to more than 700 000 by the time of the next harvest in 2020, according to a top United Nations (UN) official.

The figure of those who will needing food aid represents more than a quarter of Lesotho’s entire 2, 2 million population.

In light of this reality the UN has urged the government to take the lead in mobilising its resources to avert the crisis as this will as encourage international donors to follow suit.

Lesotho, like the rest of the southern Africa region received below normal rainfall in the 2018/19 rainy season due to an El-Niño induced drought. Some areas only received rains in late January this year as opposed to the usual November rains.

UN Resident Coordinator Salvator Niyonzima this week told the Lesotho Times that the hunger situation in the country was so dire and urgently required firm commitment and action from the government to be complemented by international development partners.

Mr Niyonzima said the number of people in need of food assistance across the country currently stood at 500 000 and this figure would increase to 600 000 by the end of the year. He said it would surpass 700 000 by the time of the next harvest in 2020.

He said the food crisis was likely to affect as many people as it did during the 2015 El-Niño induced drought where an estimated 700 000 Basotho required food assistance.

“In this harvest season, in comparison to a good harvest year, crop production has been severely affected across the country,” Mr Niyonzima said.

“Due to extreme climatic conditions, in particular at the end of last year, the rains came late and many people did not plant. Maize harvests decreased by 73 percent, wheat by 61 percent and sorghum by 93 percent. This means that people will have to wait for the next harvest season.

“As a result, the people went hungry because they didn’t have any produce, especially households that live on subsistence farming. So, it was estimated that in November 2018, there were about 300 000 Basotho in need of assistance.

“That figure went up to 470 000 in March this year. Lesotho just finished a vulnerability assessment last month and that number has passed the 500 000 mark and it is expected to increase to over 640 000 at the end of this year. This time around, I’m afraid we might actually get to 700 000 people (needing food aid by the time of the next harvest in 2020).”

He said the fact that most families did not get anything significant in the just ended harvest season means they will need food assistance up to the next harvest. He added the UN had already mobilised US$5, 5 million towards drought relief programmes through its Central Emergency Relief Fund (CERF).

He said although the UN was busy mobilising funds to address the situation, it was also vital for the government to play an active role by budgeting funds for the looming humanitarian crisis.

“We are busy mobilising funding to address the situation in the coming months,” Mr Niyonzima said, adding, “However, what we haven’t seen yet is what the government is bringing to the table from its own budget”.

“It is important for the government to think about that (budgeting funds) and send out a message because that also opens the doors for more resources (from international development partners). In resource mobilisation, most of the donors will want to know what the government is doing (before they contribute).

“If people didn’t get anything during this harvest season, they will have to wait for the next harvest. This means that the lean season gets longer and leaner. As UN, we decided to take early action. We started by mobilising our own resources from a mechanism called the CERF. We mobilised US$5, 5 million to address the needs of the 300 000 who were food insecure in November 2018.

“This (food assistance) was implemented in the southern districts of Mohale’s Hoek, Mafeteng, Quthing and Qacha’s Nek but unfortunately, in the last vulnerability assessment in June this year, we were told that the whole country will be in the Integrated Food Security Phase Classification (IPC) category three. The IPC is a classification of food security and an IPC three classification means there is a crisis. It means there will be a food crisis across the country at the end of this year and the beginning of next year,” he said.

In terms of the IPC three classification, households either have food consumption gaps that are reflected by high or above-usual acute malnutrition or are marginally able to meet minimum food needs but only by depleting essential livelihood assets or through crisis-coping strategies. The five phases are IPC one (minimal), IPC two (stressed) IPC three (crisis), IPC four (emergency) and IPC five (famine).

“These are issues that have to be addressed and I hope that the government will also do something about that because ultimately, the government is responsible for all these things and needs to invest resources to respond to the plight of the citizens,” Mr Niyonzima said.

The warnings about the food insecurity comes at a time when the government’s attention appears to have been diverted from addressing pressing challenges food insecurity by the incessant infighting in the parties that make up the governing coalition.

The governing coalition features Prime Minister Thomas Thabane’s fractious All Basotho Convention (ABC), Deputy Prime Minister Monyane Moleleki’s Alliance of Democrats (AD) and Labour Minister Keketso Rantšo’s Reformed Congress of Lesotho (LCD). While all the parties have their share of power struggles, the biggest is undoubtedly the bitter feud in the ABC between Dr Thabane and his party deputy, Professor Nqosa Mahao, which threatens to tear apart the ABC and even collapse the government.

As the infighting rages, the government has not been able to contain growing unrest from various sections of the populace including restive teachers, nurses and factory workers who have either gone on strike or are threatening to strike to press for salary increments and improved working conditions.

There have also been unprecedented strikes by magistrates and police officers in recent weeks. Just over a fortnight ago, wool and mohair farmers converged in their tens of thousands in Maseru to stage the “mother of all protests” to press the beleaguered government to reverse its controversial regulations which bar the farmers from selling their wool and mohair from either countries or brokers of their choice. The government wants the wool and mohair to be sold from the Lesotho Wool Centre in Thaba Bosiu in a move it argues will boost government income tax earnings and ensure increased revenue for the farmers. The government is also struggling to pay service providers as it battles fiscal challenges. Its efforts to secure budget support from the International Monetary Fund (IMF) have so far hit a brick wall with the Bretton-Woods institution imposing several conditions, among them, the reduction of the high public wage bill, public financial management reforms as well as the implementation of the much-delayed multi-sector reforms that were recommended by the Southern African Development Community (SADC) in 2016.

The post 700 000 Basotho face severe hunger appeared first on Lesotho Times.

IT is really sad that at a time when Basotho and this country’s well-meaning development partners should have been celebrating the second anniversary and achievements of the governing coalition, we are now staring at the possibility of the premature collapse of yet another governing regime.

We ask and Basotho ask. Everyone who wishes this country well also asks; why do our governments never last? When will our leaders ever learn that national interests trump all other considerations?

One would have thought that the Thomas Thabane administration had come of age, having learnt the bitter lessons from the collapse of its first administration in February 2015 and the subsequent collapse of the successor Pakalitha Mosisili-led seven parties’ coalition on 1 March 2017.

Wiser heads than our own have repeatedly spoken of the madness and folly of doing the same things over and over again and expecting different results. For a country that has leaders who are not mad, it remains a mystery why they always shoot themselves in the feet through infighting when they are fully aware that this vice has reduced former gigantic political parties to unrecognisable shells of their former selves.

We have previously criticised, admonished and pleaded with the governing parties to get their act together, bury their internal differences for the sake of the country. Our message has so far fallen on deaf ears and this week we repeat the same appeal.

Some people might say we have travelled this road before and so what if the power struggles ravaging the ruling All Basotho Convention (ABC) lead to the split of the party and ultimately the collapse of government. They argue that there is nothing new in all this and we will have a new government and simply carry on as we have done before when three governments collapsed in the space of five years from 2012 to 2017.

But we argue that there is something different about the looming collapse of this government and if allowed to play out, the consequences are likely to be far more disastrous than anything that we have ever witnessed before. The damage to our administrative institutions, our judiciary and our executive will be far worse than anything we have ever seen and known. Restoring the public confidence in these institutions will be much more than a herculean task.

Yes governments have collapsed but the events that are currently playing out as this government marches towards its destruction is something that borders on cataclysmic and Armageddon proportions.

We have had the usual strikes by teachers, nurses, factory workers and other civil servants but more telling we are currently witnessing an unprecedented strike by police officers- the very arm of the executive that should be enforcing compliance and maintaining law and order.

It is unheard of for police to strike but clearly the situation in Lesotho has scaled new and frightening levels. It is as if the Pandora’s Box has been opened just to unleash all the furies on this country with the prospect of never-imagined suffering for  citizens.

This strike, which threatens to unleash total mayhem and turn this country into a criminals’ paradise, is happening at a time when our leaders are so distracted by their intra-party power struggles. There has not been any official communication from the powers that be concerning the strike and the measures to deal with it. As we reported in our sister Sunday Express publication this week, the strike affected our beloved King Letsie III’s birthday celebrations as some of the police officers withdrew from the rehearsals to protest the government’s failure to pay them six percent salary increments.

Before this strike, we saw the equally unprecedented and dumbfounding strike by the country’s 50-plus magistrates. Where else in the world does anyone hear of police and magistrates going on strike? But here in Lesotho, magistrates have gone on strike twice in the space of a year.

This is why we say that there is something different, dark and more sinister about the events preceding the likely collapse of this government. Even the wool and mohair farmers converged in their thousands in Maseru to stage the “mother of all protests” against the government’s decision to stop them from selling their produce from South Africa. The events currently bedeviling this government are unlike any other that have preceded the collapse of previous governments. Service providers are currently not being paid by the governing coalition whose four parties are all distracted by internal fights of varying magnitudes with the power struggle pitting Dr Thabane and his party deputy Professor Nqosa Mahao being the pick of them.

We do not need the Biblical signs of the sun refusing to give out its light, the moon turning into blood, the stars losing their lustre or even earthquakes to know we are facing troubles of Armageddon and cataclysmic proportions. Unprecedented strikes by police, magistrates and the highly influential wool and mohair farmers as well as the government’s failure to pay service providers are enough to show us that we are experiencing crises which will not be easily resolved even by future generations. Once again, we call upon the leadership to refrain from the Neronic behaviour of fiddling while the country is burning. Let the leadership put the nation first. Resolve your internal differences so that you can rightly focus on the bigger tasks of spearheading socio-economic development. We just cannot go on like this.

The post We cannot go on like this appeared first on Lesotho Times.

Pascalinah Kabi

OPPOSITION Movement for Economic Change (MEC) legislator Thabo Ramatla is suing Police Commissioner Holomo Molibeli, Assistant Commissioner (ACP) Beleme Lebajoa and two members of the Police Special Investigation Unit for M2 million as damages for the torture that he was allegedly subjected to by the police in May this year.

In the court application filed on his behalf by prominent lawyer Advocate Zwelakhe Mda on 13 July 2019, Mr Ramatla alleges that Inspectors Chabalala, Nkeane and two other officers tortured him on the night of 7 May 2019 after arresting him at his home in Mafeteng. He does not say why he was arrested by the police. Inspectors Chabalala and Nkeane’s first names are not stated in the court papers.

Inspectors Chabalala, Nkeane and the other unidentified officers are members of the Police Special Investigation Unit which is headed by ACP Lebajoa. Inspectors Chabalala, Nkeane, ACP Lebajoa, the Commissioner of Police and the Attorney General cited as 1^st to 5^th defendants respectively in the lawsuit.

“On or about the 7^th of May 2019, the plaintiff was unlawfully arrested by the 1^st and 2^nd defendants, (Inspectors Chabalala and Nkeane) who were accompanied by several other officers, at his place in Mafeteng,” Adv Mda states in the court papers.

“Subsequent to his arrest, he (Mr Ramatla) was conveyed to Police Headquarters in Maseru. In the evening of the same date plaintiff was tortured by the 1^st and 2^nd defendants and other two officers whose names are unknown to plaintiff.

“The plaintiff was tortured by being suffocated with a blanket, his hands cuffed tightly on his back, made to lie on his stomach on the floor head facing down and subjected to electric shocks through his fingers and toes.”

Adv Mda states that Mr Ramatla suffered serious bodily injuries, fainted several times, soiled himself and his dignity was impaired by the degrading experience.

He said Inspectors Chabalala, Nkeane and the other officers acted in their capacities as employees of the Lesotho Mounted Police Service (LMPS) when they tortured Mr Ramatla.

“The plaintiff claims as damages against defendants, jointly and severally, payment of the sum of M2 000 000 as damages, payment of interest at the rate of 12 percent per annum calculated from the date of the issue of summons to date of payment, costs of suit and further and/or alternative relief,” Adv Mda states.

Mr Ramatla’s allegations of police brutality are among many in the long line of accusations that have been levelled against the police service in recent times by the public, governing and opposition parties, civil society organisations and Lesotho’s development partners.

The accusations continue to pile up despite assurances by Prime Minister Thomas Thabane that his government does not tolerate human rights violations and it will act decisively against rogue police officers who have tarnished the image of the LMPS.

The post MP sues police for M2 million torture damages appeared first on Lesotho Times.

Mohalenyane Phakela

PRIME Minster Thomas Thabane yesterday abandoned his plans to suspend and impeach Court of Appeal president Kananelo Mosito.

Acting Chief Justice ‘Maseforo Mahase also agreed to withdraw her 27 May 2019 letter accusing Justice Mosito of interfering with her administrative functions. Justice Mahase’s letter was seized upon by Dr Thabane and used as the basis for the latter’s 5 July 2019 letter to Justice Mosito demanding that the apex court boss “show cause” why he should not be suspended and impeached for interfering with the functions of the chief justice’s office.

Dr Thabane’s move to suspend Justice Mosito was challenged in two separate Court of Appeal applications by the Law Society of Lesotho and the Professor Nqosa Mahao-led faction of the All Basotho Convention (ABC). The Mahao application had been set down for hearing tomorrow but it will no longer be heard after Dr Thabane and Justice Mahase yesterday reached an out of court settlement with the Mahao faction to withdraw their letters to Justice Mosito.

The deed of settlement which was subsequently endorsed by Court of Appeal judges, Petrus Damaseb (presiding judge), Moses Chinhengo and Tafuma Mtshiya states that “the first and second respondents (Dr Thabane and Justice Mahase) hereby unequivocally withdraw letters that they have hitherto written to the President of the Court of Appeal”.

“The parties herein agree that the (Mahao and others’) application (challenging the planned suspension of Justice Mosito) is amicably settled and consequently withdrawn and each party will bear its own costs.”

Prof Mahao, ABC secretary general Lebohang Hlaele, chairperson Samuel Rapapa, spokesperson Montoeli Masoetsa and deputy spokesperson ‘Matebatso Doti were the applicants while Dr Thabane, Justice Mahase and Attorney General, Advocate Haae Phoofolo were first to third respondents respectively.

The Mahao camp was represented by lawyer, Advocate Koili Ndebele, while the respondents were represented by Advocate Ranale Thoahlane.

It remains to be seen whether or not the Court of Appeal will hear the Law Society of Lesotho’s application to have Justice Mahase interdicted from allocating judges to hear the Law Society’s Constitutional Court application in the same case. The Law Society challenged Dr Thabane’s move to suspend Justice Mosito in the Constitutional Court and they subsequently filed a Court of Appeal application to have Justice Mahase interdicted from allocating the case in the Constitutional Court.

The Law Society’s apex court application is due to be heard today.

The post Thabane withdraws Mosito suspension threat appeared first on Lesotho Times.

Pascalinah Kabi

NEWLY-APPOINTED Director General of the Directorate on Corruption and Economic Offences (DCEO) Mahlomola Manyokole has warned his brother, Ministry of Health principal secretary Lefu Manyokole, to “operate strictly by the book” or risk prosecution.

Mahlomola Manyokole, who was appointed to the DCEO top job on 8 July 2019, said he had taken an oath to diligently serve the anticorruption body without fear and favour. He said he would not hesitate to investigate the Ministry of Health where his older brother Mr Lefu Manyokole, serves as principal secretary.

Family ties will not stand in the way of any investigations if the DCEO was tipped off about possible corruption in that ministry, he said.

The Ministry of Health has been in the spotlight after its finance office in Maseru was gutted by fire during the early hours of last Wednesday.

Police are still investigating the cause of the fire which destroyed valuable documents. The fire also affected another office on the third floor of the building before being extinguished by the Lesotho Mounted Police’s Fire Brigade department.

Lefu Manyokole said although the fire had destroyed some crucial documents, there was no substantial loss as they had back-up documents in other offices. There have been widespread allegations that the fire could have been a deliberate inside job by some ministry officials to destroy documents and cover up for alleged tender irregularities surrounding the proposed demolition of the Queen Elizabeth II Hospital.

The hospital is supposed to be demolished to make way for the construction of the M800 million Maseru District hospital financed by the Export Import Bank of China.

The demolition has however, been delayed as the ministries of health and public works are said to be at loggerheads over the awarding of a M12 million demolition tender.

In an exclusive interview with the Lesotho Times this week, Mahlomola Manyokole said he was determined to hit the ground running in tackling corruption wherever it reared its head. He said his filial ties with Lefu Manyokole would not stand in the way of investigations if ever they became necessary.

“I took an oath of this office and he (Lefu Manyokole) knows I am here,” the DCEO boss told this publication.

“If he (Lefu Manyokole) did anything wrong he would have to be ashamed because you don’t want to be embarrassed by your younger brother or somebody who is more like your son.

“I think that I should send a strong message to him that he should behave and do things accordingly. If there is anything about the health ministry here (at the DCEO), and I am sure there must have been reports on health, we should go after them. We should not have any problems doing so,” Mahlomola Manyokole said.

He however, said there were procedures to recuse himself if ever he felt conflicted when it came to investigating his own brother.

He said instead of putting DCEO officers under pressure, he would ask the police to take over any investigation concerning his brother if he felt there was likely to be a conflict of interest.

“But if I feel comfortable (prosecuting a case against Lefu Manyokole) I will go to court. In Lesotho we are a small community and most of us are related. But I need to do my work because if I had to consider that somebody is my brother, I will never do my work. This is a big task and it has to be done well.”

He said he would work flat to restore the image of the DCEO which had earned the reputation of being a toothless bulldog and ensure that it becomes the best performing anticorruption organisation in Africa. He said under his stewardship, the DCEO would leave petty crimes to the police and go after the big high profile cases which involved the theft of huge amounts of money.

He said it was irrational for the anticorruption body to employ so many prosecutors to chase after petty criminals who paid M200 bribes when there were cases involving the theft of millions of maloti. He said there was also a need to either have a judge specialising in the prosecution of economic crimes.

“I don’t want to do things the old way where we had a lot of cases, a lot of chuff that is best suited to be handled by the police. Sometimes we seem to be duplicating police work. I only want us to go after the high profile cases.

“High profile cases are not only of those of politically exposed persons like the former Deputy Prime Minister (Mothetjoa Metsing) or the president of the Senate (‘Mamonaheng Mokitimi). High profile also means those cases with a big monetary value.

“I want to go after cases of serious economic offences. I want to go after the mining contracts, the mining sector and the construction industry. The government invests a lot of money in construction and the mining sector which contributes more than any other industry to tax revenue.

“When I go to court, I want to ensure that I do not go there just to pile up DCEO cases. There should be a judge to specifically deal with economic offences so that when we take cases to court, they are expedited and not mixed up with the other cases. Economic offences have to be handled separately and given priority.

“I wouldn’t want to abuse public resources by repeatedly going to court for nothing. I want us to go there and when we go there we must go for the jugular,” Mahlomola Manyokole said.

The post DCEO boss warns brother appeared first on Lesotho Times.

’Marafaele Mohloboli

WHOEVER spoke about enduring pain and taking it like a man was obviously pontificating from the comfort of their own home.

People often speak of tough activists who can stoically bear physical pain but they know nothing of the alleged savage beatings that police officers in the Lesotho Mounted Police Service (LMPS) are capable of. This according to two opposition Lesotho Congress for Democracy (LCD) members, Nqosa Mahao (49), and Kabelo Ratia (31).

The Lesotho Times recently visited the two men at their homes and heard horrendous stories of their alleged torture at the hands of the police.

While the duo have lived to tell the tale of their alleged torture at the hands of LMPS officers, their self-esteem and human dignity appears to have ‘died’ after the inhuman treatment.

The only thing Mr Mahao has in common with his more illustrious namesake, All Basotho Convention deputy leader Professor Nqosa Mahao, is the name. Beyond that there are no other similarities. Mr Mahao lives in a modest house in Ha Mabote, Maseru and he has pledged his allegiance to the LCD- a party led by former Deputy Prime Minister Mothejoa Metsing. Mr Metsing is a nemesis of the more famous Mahao family on account of his alleged involvement in the murder of former army commander, Maaparankoe Mahao. The late army boss was a younger brother of Prof Mahao. While the well-known former  National University of Lesotho Vice Chancellor has successfully traded an academic career for the rough and tumble world of politics where he has assumed the powerful post of deputy leader of the ruling ABC, this particular Mr Mahao is a grassroots member of the opposition LCD.

He recently joined the growing list of civilians who have been subjected to acts of brutality by the police in the two years that the Thomas Thabane administration has been in power.

When the Lesotho Times crew recently paid him a visit at his home in the capital, they did not find a fiery opposition activist. Rather they found a broken man who looked much older than his 49 years. All the time he was perched precariously on the edge of the sofa like a person ready to make good his escape at the slightest hint of trouble.

It did not matter that it was a full house and he was surrounded by well-wishers comprising of family members and LCD party cadres. If it all he had danced and marched and chanted fiery slogans in support of the LCD in the past, this did not show during this newspaper’s visit to his home. On that day, he had the look of a cornered and frightened animal that had been beaten to within inches of its life by vicious police officers. His eyes continually darted sideways as though to reassure himself that he was safe and his tormentors would not suddenly pounce on him as they did last Thursday evening.

It was not easy to get him to recount his ordeal. In fact he initially refused to talk, saying, “with all due respect, I am not going to speak to the media lest I say the wrong things”.

“I am still trying to make head and tail of what transpired but all I can say is that I am sad and angry.”

Once again whoever, came up with the expression about enduring pain like a man had not seen Mr Mahao’s swollen feet or heard his groans as he slowly rose up and dragged himself in the direction of his bedroom.

After what seemed like an eternity in his bedroom, Mr Mahao emerged to re-join this reporter in his lounge. His wife followed him, carrying in her hands, what appeared to be a khaki rag.

“This is what remains of the new trousers that my husband was wearing on the night the police came for him. What kind of torture could have ripped apart his trousers in this manner? The pants are torn and unrecognisable but it is well because God is in control,” Ms ’Mampho said.

Everyone in the house looked horrified. The remarks by his wife acted as Mr Mahao’s cue to finally open up on his alleged ordeal.

By his own account, last Thursday began like any other day for him. It was a cold wintry morning and he and his family made sure to wear very warm clothes. Nothing could have prepared him from the sudden arrival of eight heavily armed police men who roughed him up and combed his house in search of weapons that he allegedly kept hidden on behalf of some rogue soldiers.

The weapons were believed to have been stolen from the armoury during the tenure of the previous seven parties’ government that was headed by the then Democratic Congress leader Pakalitha Mosisili with the LCD’s Mr Metsing as his deputy. It is not clear why the police suspected him of hiding the arms cache on behalf of the soldiers and by his own accounts, he is innocent. What is certain however, is that is his encounter with the police has impacted negatively on his sense of masculinity.

“There is nothing more painful than being helpless and not being able to protect your kids,” Mr Mahao says. Even though he appeared to be struggling under the weight of expressed emotions, this was all that he was prepared to say before burying his face in his hands and falling eerily quiet.

The police later released him without a charge for the alleged concealment of guns which were not recovered during the search operation.

Besides the guns’ issue, Mr Mahao was also suspected of running two Facebook accounts under the names Sefuba Molise and Makonyana Nku. The two Facebook accounts are said to be highly critical of the police.

Mahao was also accused of having exposed some policemen who had recently arrested and tortured a 31 year old Nazareth man, Kabelo Ratia.

In one of the worst accusations of sordid and sadistic behaviour leveled against the police, Mr Ratia alleges that he was tortured to the point where he soiled himself and was made to eat his own fecal matter.

Mr Ratia was arrested last Tuesday for allegedly stealing M30 000 from a local businessman.  Mr Ratia said he was subjected to torture in police custody at Ha Matela in Maseru.

“I was arrested by four police officers who took me to the police station where they ordered me to strip down to my underwear. They made me lie on the floor. One of the police officers put his foot on my waist and covered my face with an empty fertiliser plastic bag. I felt I was suffocating as the officers hurled insults and demanded that I implicate myself in the alleged theft of the money,” Mr Ratia recently told this publication.

“I struggled to free myself and I got to a point where I felt I was dying. At that point they poured cold water on my face and told me to give them a signal by raising a finger whenever I was ready to talk. It is then that I soiled myself for the first time but the torture didn’t stop.

“I soiled myself a second time and they told me I would confess in the same manner as my (LCD) deputy leader Mr (Tšeliso) Mokhosi who was similarly tortured. They also told me they didn’t want to see any trace of filth and ordered me to eat up my own faeces.”

He said after four days of torture, he eventually caved in an implicated himself and other people in the theft of the M30 000.

“I just wanted to be free and I ended up creating enemies by implicating other innocent people who knew absolutely nothing about the alleged crime. I hate my country and I am a broken man who can’t face the world.

“I don’t feel any urge for revenge but I am hurt by this treatment,” Mr Ratia said this weekend.

The post Take it like a man: a story of police brutality appeared first on Lesotho Times.

’Marafaele Mohloboli

GOVERNMENT officials and victims have joined the growing local and international calls for Police Commissioner Holomo Molibeli to act against rogue police officers who have been fingered in acts of brutality against civilians.

In the latest reports of police brutality, rogue officers allegedly tortured 49 year-old Nqosa Mahao of Ha Mabote, Maseru and 31 year-old Kabelo Ratia of Nazareth in the Maseru district. Mr Mahao was abducted from his Mabote home on 18 July on suspicion of hiding firearms on behalf of some rogue soldiers.

While several people have come forward with accusations, it is the alleged torture of Mr Ratia which has grabbed the headlines.

In one of the worst accusations of sordid and sadistic behaviour leveled against the police, Mr Ratia alleges that he was tortured to the point where he soiled himself and was made to eat his own faeces.

Mr Ratia was arrested last Tuesday for allegedly stealing M30 000 from a local businessman. During his detention Mr Ratia was allegedly subjected to horrendous torture and forced to implicate others including one Thabo May in the alleged theft of the businessman’s money. Mr May is still in hospital battling to recover from the injuries inflicted on him.

Mr Ratia and other suspects did not take their alleged torture lying down and their lawyer, Advocate Mafaesa, of Zwelakhe Mda Chambers has since written to Commissioner Molibeli demanding action against the rogue officers. Adv Mafaesa threatened to sue the officers as well as Commissioner Molibeli in the event that the latter did not act against the rogue officers.

“We act on the instructions of Kabelo Ratia, Thabiso May, Thato Liau, Gerard Leshapa and Thabo May,” Adv Mafaesa states in his 18 July 2019 letter to Commissioner Molibeli.

“Our clients instruct us that they were tortured by the following officers: Police Constable (PC) Maanela, PC Lelaka, PC Ts’ iame, PC Morake and three other officers whose particulars are unknown to our clients. They (police officers) subjected our clients to inhuman and degrading treatment, which in terms of the Lesotho laws and international norms, amount to crimes against humanity.”

Adv Mafaesa states that fellow police officers at Matela Police Station refused to allow the torture victims to press charges against their alleged torturers and therefore Commissioner Molibeli should intervene and ensure the charges are filed.

“In the event of your failure to act, our instructions are to approach the Constitutional Court on an urgent basis for appropriate relief. In that regard damages and punitive costs will be sought against you and the said rogue police officers in your personal and official capacities,” Adv Mafaesa states.

Commissioner Molibeli referred all questions to Police Spokesperson Superintendent Mpiti Mopeli when the Lesotho Times approached him for comment this week.

On his part, Supt Mopeli said, “Commissioner Molibeli has not received any letter from Adv Mda’s chambers and the only reason why he summoned Ratia this week was to hear him out as we didn’t have any case before the police regarding his alleged torture.

“The commissioner did not send police officers to torture suspects and these officers risk an early exit (from the police force) due to their wrongdoing,” Supt Mopeli said.

Meanwhile Justice and Correctional Services minister Mokhele Moletsane has condemned “in the strongest terms, the torture of citizens by our police officers whose primary mandate is to protect the same citizens”.

“We are totally against the infringement of citizens’ human rights. The police must come up with clear policies on how to deal with suspects instead of subjecting them to torture,” added Mr Moletsane.

On his part, Attorney General, Advocate Haae Phoofolo, said the government was “against the inhumane and degrading treatment which some of the suspects are subjected to while being investigated by police”.

“All police officers who have been implicated in incidents of torture should be answerable for their actions. The degradation of the suspect who was made to eat his own faeces should be thoroughly investigated with a view to acting against the officers involved. Rogue police officers should toe the line. This is totally unacceptable, it’s inhumane and degrading,” said Adv Phoofolo.

The post Pressure mounts on Molibeli to act against police brutality appeared first on Lesotho Times.

 Pascalinah Kabi

NEW Directorate on Corruption and Economic Offences (DCEO) boss, Mahlomola Manyokole, has rubbished allegations that he was “parachuted” to the top post to ensure that investigations into certain high profile cases never see the light of day.

Mr Manyokole is a qualified and admitted attorney.

Among others, the DCEO is investigating possible corruption in the government fleet services tender. (See story above). The DCEO is also investigating corruption allegations levelled against Lesotho Congress for Democracy (LCD) leader Mothetjoa Metsing. Some sources have alleged that Mr Metsing has promised to support Prime Minister Thomas Thabane against a no confidence motion that has been filed against him in parliament by the Professor Nqosa Mahao-led faction of his own All Basotho Convention (ABC) party. The sources say they suspect that it is for this reason that the government is seeking to ensure that Mr Metsing is not prosecuted for alleged corruption.

The DCEO first launched investigations after suspicious deposits were allegedly made into Mr Metsing’s bank accounts between 2013 and 2014 when the latter was deputy prime minister. This was after the controversial allocation of a M120 million tender to a company known as Big Bravo Construction Company for the construction of roads in the Ha-Matala and Ha-Leqele villages of Maseru.

The company is alleged to have won the tender at Mr Metsing’s instigation. It was subsequently accused of doing a shoddy job and leaving road works uncompleted two months before the contract ended in 2015 but after having been handsomely paid by for the alleged shoddy work by the Maseru City Council.

The DCEO is also investigating the M140 million senate building tender after Senate president ‘Mamonaheng Mokitimi alleged that the tendering process was flawed.

Ms Mokitimi made the allegations after the principal secretary in the Ministry of Public Works, Mothabathe Hlalele, awarded the tender to a Chinese company, Qing Jian Group, which was initially disqualified in 2012. Mr Hlalele is said to belong to the ABC faction which is loyal to Dr Thabane in the latter’s struggle for control of the party with the Mahao faction.

Mr Manyokole recently demanded the files pertaining to these and other high profile cases from DECO investigators. He has started processes to suspend the DCEO’s Chief Investigating Officer, Thabiso Thibeli, for allegedly refusing to hand over files and dockets of the cases.

His moves to suspend Mr Thibeli, coming barely two weeks after he (Mr Manyokole) took over at the DCEO, have sparked allegations within the DCEO that he was brought in by Dr Thabane to determine the cases that should be investigated and ensure that others never see the light of day.

But in an interview with the Lesotho Times this week, Mr Manyokole rubbished all these allegations saying his appointment had nothing to do with politics.

“To my best of knowledge and recollection, my appointment had nothing to do with politics,” Mr Manyokole said, adding, Dr Thabane had in fact appointed him to investigate high profile cases such as those which had been exposed by the Public Accounts Committee (PAC) where the country had allegedly lost millions of maloti through corruption.

Mr Manyokole said his main reason of asking for files was to acquaint himself with what has been happening as he was now the new boss responsible for the prosecution of cases.  He had to have a full appreciation of all the cases before the DCEO for him to do his work properly.

“I am responsible for all the investigations and prosecutions of DCEO cases. As head of this organisation, I have to give my blessings to any case that goes to court. It has to have my blessings because if there is any wrongful prosecution, the DCEO stands to pay damages for malicious prosecution.

“I have to be comfortable that there is a solid case in each and every case that we send to court and that is why parliament chose a director general who has a legal qualification. It was strategically done so that I have the last word on whether or not we have a case to prosecute. The buck stops with me and so all the high profile cases have to come to my desk. I am reviewing them and also tracking progress.”

He said he was not merely interested in the Metsing and Mokitimi cases because of the duo’s political standing but had asked for all cases including those of individuals who did not have any political profiles.  Mr Manyokole said there was nothing untoward about requesting files for the cases that Mr Thibeli had been working on. He said he had issued similar requests for case files to all the other DCEO investigators.  He said any other person appointed in his role would have done the same. It was not feasible to expect any new appointee to the helm of such an important body to arrive and twiddle their fingers instead of getting down to work by reviewing what had been happening.

“It is not only him (Mr Thibeli) who got the email to hand over files. I asked for a report on Mr Metsing because I was told he is the one handling the case.

“I didn’t say the investigations into the case should stop. I said bring the case file so that I can review the progress. I was told that my predecessor, (Advocate Borotho Matsoso) had announced that Mr Metsing’s case was ripe for prosecution but I don’t know why it was not brought to court.

“I don’t know why he (Adv Matsoso) announced (that case was ready for prosecution). I don’t know why he failed to arrest him (Mr Metsing). I don’t know why he failed to have him appear in court. I did not want to rely on somebody’s opinion on the case. But I needed the file to know what had happened so that I can make an informed decision,” Mr Manyokole said, adding that people should stop pre-judging him but give him an opportunity to do his work.

On the senate issue, Mr Manyokole said he had been briefed that the case was reported to the DCEO a long time but there had not been any progress.

He said he was also informed that one of the investigators who was assigned to the case had resigned, causing further delays in concluding the investigations. All he thus wanted was to acquaint himself with all the facts before deciding on an appropriate way forward regarding each and every case before the DCEO.

The post Manyokole vows not to cherry-pick cases for prosecution appeared first on Lesotho Times.

Pascalinah Kabi

NEWLY-APPOINTED Director General of the Directorate on Corruption and Economic Offences (DCEO), Mahlomola Manyokole, has commenced processes to suspend the DCEO’s Chief Investigating Officer Thabiso Thibeli for allegedly refusing to hand over files and dockets of high profile cases that the anti-corruption body has been investigating.

Mr Manyokole was appointed DCEO boss on 8 July 2019 and just over a week later on 19 July, he wrote to Mr Thibeli demanding that he “show cause” why he should not be suspended for disobeying an instruction to hand over files, firearms and inventory of all exhibits in his custody at 9am on 19 July.

While Mr Manyokole’s “show cause” letter to Mr Thibeli clearly shows that the move to suspend the latter was prompted by allegations of misconduct, some sources within the DCEO insist the real reason is to stop Mr Thibeli from continuing with investigations into high profile cases which involve senior politicians and other connected individuals suspected of impropriety in the procurement of vehicles for the government’s fleet services.

Mr Manyokole has however, rubbished allegations that he had ulterior motives in seeking to suspend Mr Thibeli. He said allegations that he had been strategically appointed to the DCEO to take instructions from Prime Minister Thomas Thabane regarding who should be investigated or shielded from scrutiny were grossly unfounded. In fact, investigations into certain high profile cases have been ongoing and some politicians will soon be prosecuted for corruption in connection with the government vehicle fleet services tender.

In an interview with the Lesotho Times this week, Mr Manyokole rejected allegations by those who are claiming that he had been appointed to ensure certain high profile cases were not investigated.

“To my best of knowledge and recollection, my appointment had nothing to do with politics,” Mr Manyokole said.

“I was appointed by the Prime Minister and his message was that he (Dr Thabane) has always been committed to fighting corruption and he needs help,” Mr Manyokole said.

He added that the premier told him that he appointed him because he needed the help of people who could deliver on their mandate because Basotho were continuously complaining that they were not seeing any progress in the fight against corruption.

In his “show cause” letter to Mr Thibeli, Mr Manyokole states that, “I am in receipt of the reports which allege that you have committed acts of misconduct and offences in that some DCEO firearms disappeared in your custody without justification”.

“You have disobeyed a clear instruction to hand over firearms and inventory of all exhibits in your custody by 0900hrs on the 19^th of July 2019. I therefore invite you to make your representations in writing by not later than 0830 hours on 22 July 2019, to give reasons why I may not suspend you pending investigations into the aforesaid acts of misconduct and offences,” Mr Manyokole states.

On 18 July, Mr Manyokole wrote to Mr Thibeli ordering him to hand over all files and dockets of high profile cases.

“Kindly bring all physical files and or dockets of high profile cases that are in your custody today on the 18^th of July 2019 for my review. Take further notice that you should inform the Director General’s office first before you take any enforcement measures against any individual or company.”

The next day on 19 July, Mr Manyokole wrote again to Mr Thibeli demanding that the latter surrenders all firearms in his custody and the inventory.

Some sources at the DCEO told this publication that Mr Thibeli’s troubles began after he summoned and interrogated a well-known businessman in relation to a fraud case involving the procurement of vehicles for the government fleet from locals.

The sources said that Mr Thibeli and his team began investigating allegations of fraud and corruption in the procurement of government fleet after receiving tip-offs that senior politicians had solicited bribes from vehicle owners so that their cars would be considered for leasing by the government.

The tender process, which was held in September 2018, failed to yield the required 341 vehicles after hundreds of applications were disqualified for failing to meet the requirements.

Finance Minister Moeketsi Majoro first announced in March last year that cabinet had resolved to lease 1400 vehicles from Basotho who include taxi operators, disabled groups, youth, women’s groups and legislators who were not cabinet ministers.

Others who were excluded from tendering are senior government officials such as directors in the ministries, principal secretaries and deputy ministers.

The Finance ministry however, received information that some of these officials could have either sneaked in their bids or used ordinary Basotho as “fronts” when the tender bids were submitted last September.

This week the Lesotho Times learnt that the DCEO was roped in to investigate these allegations and that it discovered that some desperate vehicle owners were made to pay as much as M40 000 to have their vehicles leased to government.

“A large number of vehicles were turned away for failing to meet basic requirements like the limit on mileage, insurance and tax clearances. (Former DCEO boss) Ntate Borotho Matsoso received information that an organised group of senior government officials that included ministers and principal secretaries had solicited bribes from vehicle owners after promising that their cars would be considered for lease by the government,” a source said.

The source alleged that before he was unceremoniously removed from the top DCEO post, Adv Matsoso ordered Mr Thibeli to assign investigators to the case and that the investigations began towards end of last year. In February this year, Dr Thabane sent Adv Matsoso on forced leave pending the expiry of his contract on 30 June 2019. Dr Thabane did not give reasons for the move that Adv Matsoso said “came as a shock” to him.

According to the sources, Mr Thibeli and his team’s investigations uncovered evidence that an organised group that included a well-known businessman and government officials had collected bribes from desperate vehicle owners.

“Monies that were collected from vehicle owners whose cars didn’t meet the minimum requirements ranged from M15 000 to M40 000 per person. Ntate Thibeli’s investigations further revealed that the total collected in bribes was about M300 000. The investigations were recently concluded and the DCEO got the greenlight from the Director of Public Prosecutions (DPP) to prosecute,” a source said.

Another source said the businessman initially refused to honour summons for questioning by the DCEO investigators. The businessman, whose name is known to this publication, only honoured the call for questioning last Friday in the presence of his lawyer.

“He (the businessman) refused to honour the call until a warrant of arrest was issued. Investigators went to his home and didn’t find him. Mr Thibeli then took it upon himself to call the businessman last week and we suspect that’s what landed him (Mr Thibeli) in hot water with his boss.

“Together with his lawyer, the businessman went to see Thibeli on Friday morning and it was agreed that they should all meet at the courts for remand on Tuesday,” the source said.

If the case is not interfered with, the sources said the businessman will be charged together with a principal secretary, a senior government official, an opposition member of parliament and a civilian over the government fleet issue. All the five names are known to this publication but their identities cannot be revealed until they have been formally charged.

On his part, Mr Thibeli confirmed that he had received the letters from Mr Manyokole last week.

“I can confirm that I received the letters and my suspicion is that it is because of the cases that I was investigating,” Mr Thibeli said without elaborating.

He added: “It is unfair for me to be given such a short notice to submit the dockets and files. Some of the dockets and files were compiled many years ago and to expect me to submit them within a short time is really unfair. However, I have responded to the “show cause” letter as I was asked to do.”

Mr Manyokole said he was not yet ready to comment in detail over the Thibeli issue until he finalised it.

“I will not respond to that until I have finalised the matter. I want to finalise it and then I can talk about it because he is now revealing these issues to the media yet it is an internal issue. We cannot deny the authenticity of that (“show cause”) letter. We take full ownership of that letter but we are surprised as to how it was leaked. It was an internal conversation and it was very irresponsible of whoever leaked that information and we are still investigating how the leak occurred.

“This has however, shown us the calibre of people working here (at the DCEO) – how dangerous they can be yet they are supposed to be dealing with sensitive information that shouldn’t be leaked at all. I am therefore conducting investigations on that leakage,” Mr Manyokole said.

He refuted allegations that he wanted to suspend Mr Thibeli for investigating high profile cases including the government fleet tender. He said investigations into the fleet issue commenced before he took over at the DCEO and if the investigations had been completed then the case should have been prosecuted in the courts of law.

“This (government fleet) case has nothing to do with the ‘show cause’ letter to Mr Thibeli. From what I was told, the government fleet case was reported to the DCEO long before I came.

“If the case was ripe for hearing and investigations were complete, it should have seen the light of the day in court. It should have been in court and I don’t know why it waited for me. All that I have requested is for them (Mr Thibeli and other DCEO staffers) to handover and to brief me on all high profile cases for my review,” Mr Manyokole said.

In a separate interview, Adv Borotho said he gave the greenlight for DCEO investigations into the government fleet tender “and at the time I left office, investigations were in the final stages”. If the corruption suspects in the government fleet tender appear in court then it will give credence to Mr Manyokole’s assertions that the “show cause” letter to Mr Thibeli was not motivated by any ulterior motives.

The post DCEO goes after chief investigating officer appeared first on Lesotho Times.

Ntsebeng Motsoeli

THE latest round of talks aimed at reconciling the warring All Basotho Convention (ABC) factions collapsed this week amid claims by the Professor Nqosa Mahao-led camp that ABC leader and Prime Minister Thomas Thabane and his team had negotiated in bad faith.

The ABC has not known peace ever since its February 2019 elective conference where Prof Mahao clinched the deputy leader’s post despite the express opposition from Dr Thabane and other senior party officials. They argued that Prof Mahao was a relative newcomer who should not be parachuted to the party’s second most powerful position ahead of seasoned party stalwarts. Previous talks and court litigation have so far failed to end the impasse which has seen Dr Thabane “expel” Prof Mahao and his fiercest allies, Lebohang Hlaele (secretary general), Samuel Rapapa (chairperson), Montoeli Masoetsa (spokesperson) and his deputy Matebatso Doti.

The quintet, who were “expelled” last month for alleged insubordination after they convened and addressed rallies in apparent defiance of Dr Thabane’s orders for them not to do so, hit back by suspending Dr Thabane and other senior officials from the party. They were only stopped by a High Court order from holding a special party conference on 6 July 2019 which would have expelled Dr Thabane from the party.

Even as the sides have pending court cases against each other, they still agreed to meet for talks on Sunday aimed at resolving their differences. News of the latest round of talks was first revealed by ABC spokesperson Montoeli Masoetsa at a weekend rally in the ‘Makhoroana constituency. Flanked by Mr Rapapa, Mr Masoetsa thanked ABC supporters for rallying behind their faction in the power struggle and informed them that they were due for talks with Dr Thabane and other senior party officials that Sunday evening in Maseru.

He said the talks were aimed at ending the feuding which had effectively split the party and threatened to collapse the two year-old governing coalition.

However, in a subsequent interview with this publication in the aftermath of their meeting, Mr Masoetsa said the Sunday talks, which were chaired Dr Thabane, barely got off the starting blocks and were immediately abandoned.

This after the veteran leader gave in to his team which urged him not to accept Prof Mahao and his allies as the new NEC as per the 12 June 2019 High Court judgement which recognised their election in February. Dr Thabane’s team was made up of senior party members Moeketsi Majoro, Tlali Mohapi, Likhapha Masopha, ‘Malelaka Lehohla, Motlohi Maliehe and Nkaku Kabi.

“They were opposed to the talks because they have already promised to nominate Majoro as the deputy leader and to reinstate Ntsekele as the secretary general. So, they said the talks were not necessary because their minds were made up,” Mr Masoetsa said.

He alleged that there was a looming split within the ranks of Dr Thabane’s backers, commonly referred to as the ‘State House faction’, as some of them wanted the new NEC to be allowed to assume office.

“There are two factions in the State House where one team is rooting for us to be allowed into office. But the other team ordered Ntate Thabane to immediately call off the meeting because they had already agreed among themselves that talks were not necessary. He (Dr Thabane) just sat there and did not say anything further after he was told to call off the meeting,” added Mr Masoetsa.

After the latest collapsed talks, the ABC appears headed for a formal split as Prof Mahao is known to enjoy the backing of at least 19 legislators who have already appended their signatures to a petition calling on Dr Thabane to allow the former National University of Lesotho Vie Chancellor and the rest of the new NEC into office. The same legislators have also thrown their weight behind a no confidence motion in parliament against the Thabane administration. Given the fact that the motion enjoys widespread support with the opposition, it is highly likely that Dr Thabane will not survive a parliamentary vote against him.

At the ‘Makhoroana rally on Sunday, Mr Rapapa accused former secretary general, Samonyane Ntsekele, of offering bribes to induce some of the legislators to dump the Mahao camp and thus save Dr Thabane from a humiliating defeat in parliament.

Mr Rapapa said that Mr Ntsekele’s tactics to weaken the Mahao camp had already cost them the support of one legislator who had since defected to Dr Thabane’s team. He did not reveal the name of the legislator who had abandoned them.

He however, alleged that Mr Ntsekele had promised Ms Doti her former cabinet post as Social Development minister if she jumped ship and joined the Dr Thabane side. Ms Doti was one of the first casualties of the fallout from the elective conference when she was fired along with Dr Thabane’s son-in-law Lebohang Hlaele (former Law and Constitutional Affairs minister). Although Dr Thabane did not give reasons for sacking the duo in February, it was widely believed that they were shown the exit door for their open support for Prof Mahao.

And on Sunday, Mr Rapapa alleged that there were attempts to woo back Ms Doti into the Thabane fold by dangling the prospect of her reinstatement.

“He (Mr Ntsekele) promised one legislator that his truck would be hired for use as part of the government’s fleet. He promised another legislator that he would secure employment for 50 people in that legislator’s constituency if he agreed to leave us. He promised another legislator that he would talk to Ntate Thabane to reinstate her to her former post as the minister of social development (‘Matebatso Doti). He also promised another a ministerial post,” Mr Rapapa said.

The ABC chairperson said they had anticipated the machinations and skulduggery from their party rivals and strategised on how to effectively counter them.

“We had a meeting where we agreed that legislators in our camp had the right to take up the positions that (Mr) Ntsekele promised them but not at the expense of the truth.

“We are also giving the talks with the other side a last chance and if there is no amicable solution to our differences, we will continue our businesses from where we left off. Your patience has empowered us. We appreciate your support throughout this tormenting journey.

“There were unfounded rumours that I too was joining Ntate Thabane’s faction but I am not doing that. I am wearing my regular clothes today only because (Acting Chief Justice ‘Maseforo) Mahase issued an order that I should not wear the party regalia.

“The war is almost over. By the end of today’s (Sunday) meeting, we want to see the leader Thabane working with his deputy Mahao, chairperson Rapapa and his deputy (Chalane) Phori. We expect to see secretary general Lebohang Hlaele working with his deputy Kabi, spokesperson Masoetsa and his deputy ‘Matebatso Doti. We want to see all of them sitting together at one table. This shall be communicated at a press conference in Maseru tomorrow (Monday). But if things pan out differently, the fight continues,” Mr Rapapa said at the Sunday rally.

However, his hopes of a reconciliation were not to be as the talks flopped on Sunday. Even the press conference that had been planned for Monday to announce the outcome of the talks was called off, leaving Mr Masoetsa to communicate the collapse of the talks in an interview with this publication.

Mr Kabi initially promised to comment on the aborted talks yesterday. Later in the day, his mobile phone rang unanswered.

The post ABC talks collapse, again appeared first on Lesotho Times.

• calls premier “incompetent” and “bitter”

Pascalinah Kabi

COURT of Appeal president Justice Kananelo Mosito has come out guns blazing against Prime Minister Thomas Thabane, saying the latter’s “unlawful” moves to try and suspend him stem from the bitterness of seeing his faction of the All Basotho Convention (ABC) lose its case against its party rivals in the appeal court.

This follows Dr Thabane’s 5 July 2019 letter to Justice Mosito demanding that the apex court boss “show cause” why he should not be suspended and impeached for allegedly interfering with the administrative functions ofActing Chief Justice ’Maseforo Mahase.

This after Judge Mahase had written to Justice Mosito over differences that stem from the ongoing litigation by the old and new ABC’s national executive committee (NEC) factions that are vying for control of the party.  Judge Mahase has apparently been ruling in favour of a faction of the ABC supported by Dr Thabane but her judgments have been overturned on appeal. Critics accuse her of being desperate to be confirmed in her position by appeasing the premier.  A power struggle ensured in the ruling ABC in the aftermath of the party’s February 2019 elective conference which ushered in Professor Nqosa Mahao and others into the party’s NEC against the express wishes of Dr Thabane. Prof Mahao’s election was subsequently challenged in the High Court on 11 February 2019 by the trio of ABC legislators, Habofanoe Lehana (Khafung constituency), Keketso Sello (Hlotse) and Mohapi Mohapinyane (Rothe).

The trio approached the High Court seeking the nullification of the election of Prof Mahao and others, claiming the February polls were marred by gross irregularities including “massive vote rigging”.

Exasperated by the frequent postponements of the case by Justice Mahase on the grounds that she was ill, the Mahao camp appealed to the apex court who, on 24 May 2019, ordered that the case be heard by any other High Court judge (s) besides Justice Mahase.

The Mahao faction went on to win the case after the High Court bench comprising of Justices Thamsanqa Nomngcongo (presiding judge), Moroke Mokhesi and Sakoane Sakoane dismissed Messrs Lehana, Sello and Mohapinyane’s application, ruling that the alleged vote rigging would not have changed the outcome of the elections.

Justice Mahase subsequently wrote a scathing letter to Justice Mosito accusing him of interfering with her duties when he ordered that the Lehana case be allocated to different judges.

On 5 July 2019, Dr Thabane seized on Justice Mahase’s letter of complaint and served Justice Mosito with a letter demanding that he “show cause” why he should not be suspended to pave way for investigations to determine whether or not he is suitable to remain in office as president of the apex court.

In his letter, Dr Thabane said that Justice Mahase “indicated that you (Justice Mosito) issued orders which interfere with the administrative powers of the office of the Chief Justice.”

“You (Justice Mosito) made an order in a recent case of the ABC versus Lehana and others that the matter be heard by a different judge despite the same matter being part heard in the High Court…

“On the basis of the afore-going, I found it imperative as the head of government of the Kingdom of Lesotho to come to the rescue and preserve the reputation of the judiciary, which is likely to be eroded if not addressed on time. You are hereby directed to ‘show cause’ why I may not recommend that you be suspended from your office, in terms of Section 125 (7) of the constitution of Lesotho, pending investigations to be made on your competency as the president and the justice of the Court of Appeal,” Dr Thabane wrote.

Dr Thabane has since withdrawn his “show cause” letter meaning that Justice Mosito no longer faces the prospect of being suspended. Justice Mahase has also withdrawn her 27 May 2019 letter of complaint to Justice Mosito. Dr Thabane and Justice Mahase withdrew their letters yesterday after reaching an out of court with the Mahao camp which had filed a Court of Appeal application to block the suspension of Justice Mosito. (See story on page 8).

Before yesterday’s withdrawal of Dr Thabane and Justice Mahase’s letters, Justice Mosito had already replied by accusing the premier of plotting his ouster on the basis of “political expediency”.  Justice Mosito said there was absolutely no legal basis for Dr Thabane to recommend his suspension.

Justice Mosito said it was clear that the premier was “trying to come up with a reason for the invocation of section 125 (7) of the constitution” which allows him to recommend his suspension “simply because he is unhappy with the Court of Appeal’s decision in the ABC vs Lehana and others case which went against his part of the NEC of the ABC”.

“The issues itemised in the (“show cause”) letter and which were gleaned from the acting chief justice (Mahase)’s letter, are exclusively judicial in nature. Those are matters within the judicial remit of the Court of Appeal. Neither the acting chief justice nor the prime minister has a constitutional or statutory authority to deal with such matters. In any event, the matters raised therein were decided by the Court of Appeal as a judicial authority comprising five judges. Those are neither instances of judicial misbehaviour nor inability to perform.

“For that reason, the prime minister has no constitutional authority to initiate the section 125 proceedings on the basis of such issues. It is thus incompetent for the prime minister to recommend my suspension in this regard”.

Justice Mosito said his mooted suspension was unconstitutional in that the removal of a judge could only be done after the issue had first been referred to a tribunal appointed for the purpose.

He said in his case, the question of his suspension had not been referred to a tribunal and it therefore followed that his suspension, could not be carried out in the circumstances.

“There is yet another reason why such a recommendation (to suspend) would be indefensible in law. Section 125 (7) provides that the King, acting in accordance with the advice of the prime minister, in the case of the president (of the Court of Appeal), may suspend the appointed judge from the exercise of the functions of this office. This can only be in a case where a tribunal has been appointed and is in existence.

“The question of whether judicial misbehaviour or inability to perform has to be investigated must have been referred to the King. No such situation exists in the present situation. For the above reasons, it is in law inappropriate and unacceptable for the prime minister to resort to the contemplated action.”

Justice Mosito said given the patent illegality of Dr Thabane’s contemplated moves to suspend him, he was  convinced that the premier was acting out of political expediency- out of sour grapes after the apex court ruled against the ABC faction that he supported.

“In essence, the prime minister is trying to come up with a reason for the invocation of the terms of section 125 (7) of the constitution simply because he is unhappy with the court of appeal’s decision in ABC v Lehana and Others, which went against his part of the NEC of the ABC. This violates section 118 (2) of the constitution of Lesotho.

“It is on the basis of above reasons that I strongly urge the prime minister against continuing with his contemplated action of recommending to the King that the President (of the Court of Appeal) be suspended,” Justice Mosito concludes in his letter to Dr Thabane dated 11 July 2019.

The premier’s move to try and suspend Judge Mosito had attracted local and international condemnation. International organisations like the International Commission of Jurists (ICJ) had condemned the move saying the suspension would both undermine and erode the independence of the judiciary.

The post Mosito blasts Thabane appeared first on Lesotho Times.

I JOIN the nation in wishing His Majesty King Letsie 111 a very happy and prosperous 56^th birthday, albeit slightly belatedly. Most of you stampeded in buying newspaper space to convey your good wishes to His Majesty last week.  I prefer to do it my own way after you have all had your say.  Being the last to wish His Majesty all the happy innings makes me stand out.

The King’s birthday is the most auspicious event on the Basotho calender. The actual celebrations convened in different provinces every 17 July are mostly exhilarating. I have never missed an occasion. Even when I am not invited, I find a way of gatecrashing the important event.

This year, we were in Quthing. It is always exhilarating to see Basotho come out in their thousands to join the King in marking this important day. King Letsie is the ultimate symbol of the Basotho nation. He brings the best in all of us. I cannot think of any event that unites Basotho than the King’s birthday.

They were all there. Ntate Motsoahae was present to lead the event. His adversary, the main opposition leader Ntate Mokhothu, was there. Other opposition leaders were there. I did not see Ntate Metsing though. I am sure he was there in spirit.  Wealthy businessmen like bontate Matekane and Ntane were there. Most government ministers were there.  So were principal secretaries. But above all, yours truly was there. I never miss the King’s big day.

The commemorative activities were fabulous. The Lesotho Defence Force is always fantastic on the King’s birthday. I cannot think of anything else it does better. King Letsie is our ultimate symbol. I am proud of him.

Which is why I dedicate this column this week to wishing him a happy birthday. I truly give reverence to our King.

However, I also take this opportunity to express my utter disgust and disappointment with whoever was awarded the contract to organize the main luncheon in Quthing last Wednesday.  Can the DCEO immediately start probing that caterer and please ensure he is bundled into the same cell with Tlali Kamoli.

Most of those who attended last year and this year’s celebrations will agree with me that the 2018 catering arrangements in Buthe-Buthe were much better than what we saw in Quthing. Our King does not deserve what was done in Quthing.  The food was particularly bad.  Even Oliver Twist would have rejected it, particularly the beef goulash. The red wine tested like brake fluid. It was probably bought at a wine sale (buy one and get five bottles for free). The salads were made from veggies that appeared to have been harvested in 2013.  I am not going to keep quite while an event to honour our King is degraded like this. The sitting arrangements were particularly appalling.  The tables were arranged in rows which made guests sit like cows being led into the dip. The carpet laid to cover the dust was more dusty than the dusty floor it was meant to have covered. There were no ablution facilities put in the vicinity of the main tent.  So bad were the sitting arrangements that His Majesty could not have space to visit tables and mingle with guests as he normally does.

Can someone from the Ministry of Home Affairs stand up to explain why. Why mistreat our King like this? Where did all the money budgeted for this event go?   Who is this caterer who convened such a creepy event? Can you please name and shame him or her?  Can he be castrated if he is a man? Can she be subjected to involuntary FGM is she is a woman? And can Yahya Jammeh be imported to perform that task? Can the Ministry of Home Affairs promise that this should never happen again? Our King’s birthday is important. It needs to be well organized and catered for. It should not be an opportunity for people to steal money. Lets please have a better luncheon next year.

Be that as it may, I congratulate his Majesty on reaching 56. I thank God for keeping our majesty strong and fit and increasingly handsome. Anyone out there, who is not jealousy of our Majesty,  will agree with me that he looks way younger than his age. He looks 28. His Majesty has good genes. The month of his Majesty’s should be a month of joy for all Basotho. But alas, this is not the case this year; thanks to our ever bickering political class.

As we were celebrating His Majesty’s birthday, it emerged that 700 000 Basotho will be going hungry by the time of the next harvest in 2020.

But what is most distressing about this issue is the warning from the  United Nations  Resident Coordinator in Lesotho, Salvator Niyonzima, that our government is essentially doing nothing to deal with this problem.

Consider these words from Ntate Niyonzima; “We (the UN) are busy mobilising funding to address the situation in the coming months,” Mr Niyonzima says, adding, “However, what we haven’t seen yet is what the government is bringing to the table from its own budget”.

“It is important for the government to think about that (budgeting funds) and send out a message because that also opens the doors for more resources (from international development partners). In resource mobilisation, most of the donors will want to know what the government is doing (before they contribute).”

This surely is scary. Week in week out, we have politicians addressing rallies. None has mentioned this problem. None is saying anything about how to arrest the country’s unacceptably high levels of unemployment. None is telling us about how they intend to empower Basotho to manufacture drones, cars, aeroplanes and any other items for export so that we earn money to feed ourselves. None is telling us how they intend to diversify our economy from the car wash industry into viable sectors. None is telling us what and how we should push our nation away from the brink. All we here is political banter and hotchpotch. Elections, elections and more elections. Surely, we Basotho deserve better. Why should we even be hungry in the first place. Israeli, an arid strip of land, with little to no rainfall, is a net exporter of agricultural produce. We in Lesotho harness and export water. Yet we can’t irrigate our fields to ensure our food own security? Why? How long shall we continue being eaten by our politicians, with our eyes wide open, like Zimbabwe’s kapenta fish? When are we going to stand up and say enough is enough?

When are we going to hold politicians accountable? When are we going to demand that some executive power be handed over to King Letsie so he can lead us to the promised land? When are we going to demand that the ABC halt their never ending circus and allow us some space to deal with real issues?   Basotho, we are on our own in the wilderness. Our politicians don’t care about us. But in King Letsie, we must continuously trust.  Once again, Happy Birthday Your Majesty. Americans love saying, in God they trust. I adapt that phrase and declare –  In you, Your Majesty, we trust. Long live Your Majesty.

Ache!!!

The post Happy birthday Your Majesty…You look so good and fresh appeared first on Lesotho Times.

Bereng Mpaki

WORKERS hired for advance infrastructure developments ahead of the construction of the multi-billion maloti Polihali Dam have threatened legal action against their employers whom they accuse of unfair labour practices.

The workers, who have coalesced under the banner of the Construction, Mining, Quarrying and Allied Workers’ Union (CMQ), accuse their employers of underpaying them, failing to provide adequate protective clothing, among other discriminatory labour practices.

Their ire is particularly directed at two local firms, Nthane Brothers and LSP Construction, who won major tenders at Polihali in joint ventures with international companies.

CMQ secretary general, Robert Mokhahlane, outlined the workers’ grievances at a press conference in Maseru this week. He issued an ominous threat that the workers would derail the bi-national project if their grievances were not speedily addressed by the Lesotho Highlands Development Authority (LHDA).

The LHDA is the implementing authority of the second phase of the Lesotho Highlands Water Project (LHWP II) which consists of the construction of the

Polihali dam and all advance infrastructure (roads, accommodation, power lines and telecommunications), among other things.

Construction of the advance infrastructure works commenced in February this year.

The workers accuse local companies, Nthane Brothers Pty (Ltd) and LSP Construction, of conniving with their international partners to underpay them. Nthane Brothers, along with their partner, Sinohydro SA, were awarded a lucrative M235 million tender to build a 16-kilometre road which stretches from Mapholaneng to the Khubelu River where the Polihali dam is going to be constructed next year.  Nthane Brothers has a majority 60 percent stake in the joint venture with Sinohydro SA.

The LSP Construction/WBHO joint venture was awarded a housing and infrastructure works contract worth M394 million. The scope of the work includes earthworks and the creation of platforms for buildings, water and wastewater systems, landfill, roads, drainage, electrical and telecommunications networks..

Mr Mokhahlane said the workers were appalled by their unfair treatment by the local companies and their international partners.

“These companies are grossly violating the country’s minimum wage laws,” Mr Mokhahlane said.

“The skilled workers’ pay slips indicate that the workers are paid at a daily rate of M207 although the gazetted minimum wage per day is M280. This is an indication that these companies are paying below the legal threshold.

“On unskilled labour, the minimum wage gazette is clear that such people are to be paid at a rate of M122 per day. However, the contractors are only paying them M98 per day, which shows that these companies are operating outside this country’s labour laws.

“It seems the local companies such as LSP Construction and Nthane Brothers are hell bent on underpaying workers. But workers from outside the country are paid at way higher rates than what their local counterparts are being paid.”

There was no immediate responds to Mr Mokhahlane’s public comments from both Nthane Brothers and LSP construction.

Mr Mokhahlane also accused South African labour brokers, Setlobox, of illegally deducting money from their salaries. He alleged the company was not legally registered to operate in Lesotho.

“The problem with unregistered companies is that they tend to leave without notice and without paying their workers. Again, when you look at the workers’ pay slips, there is what is called the Unemployment Insurance Fund (UIF). This is a tax deduction in South Africa but local workers also have UIF deductions on their salaries.

“We have tried to engage the LHDA on this matter…but up to now no action has been taken to address the issue. We also informed the Employment Services Department of the Ministry of Labour and Employment about this company (Crossmoor) but nothing has changed.”

Mr Mokhahlane warned that the workers would take legal action to stop work in Polihali if their grievances were not addressed.

“We therefore appeal to the authorities to take appropriate action now because failure to do will force us to take legal action to block operations at the dam site,” Mr Mokhahlane said. In a response to the allegations last night, the LHDA said it was yet to verify the allegations of underpayment of the workers.

“The LHDA is making arrangements to verify the findings of the inspection and will also to investigate the allegations that the remuneration of workers is not aligned to the minimum wages gazette,” the LHDA said in a statement to Lesotho Times.

On the engagement of a company called Setlobox, the LHDA indicated that the company does not operate as a labour broker but as a sub-contractor under the WHBO/LSP Construction joint venture for the purposes of haulage.

“The company (Setlobox) has also supplied the joint venture with earthworks equipment for civil works construction, water and sewerage pipe networks, and electricity installation at Masakong in Polihali where accommodation and administration facilities are to be erected.”

“Setlobox does not operate as labour broker. What happened is that of the 19 workers who brought the earthworks equipment with the assumption they would operate it, their positions were instead advertised and 17 locals and two workers from outside the country were hired.”

“A mistake that seems to have happened is that when the payroll for Setlobox was prepared, deductions for the Unemployment Insurance Fund was applied to both the local workers and expatriates. That mistake has since been rectified and the deducted monies returned to their owners,” the LHDA said.

The post Polihali Dam workers cry foul appeared first on Lesotho Times.

’Marafaele Mohloboli

THE government has drafted the National Reforms Authority Bill aimed at creating an independent body to oversee the implementation of the multi-sector reforms that were recommended by the Southern African Development Community (SADC) in 2016.

Acting Law Constitutional Affairs and Human Rights minister Mokhele Moletsane this week presented the draft bill to government and opposition leaders who together comprise the National Leaders Forum in Maseru.

Among other things the bill seeks to establish the National Reforms Authority to “facilitate the national transformation of Lesotho to just, prosperous and stable society …by building a national consensus for the implementation of constitutional reforms, parliamentary reforms, security sector reforms, judicial sector reforms, economic and media reforms”.

The bill proposes that the National Reforms Authority will have a secretariat headed by the chief executive officer (CEO). The CEO will also be the chief accounting officer responsible for day to day administration of the authority.

The authority will operate independently of any person or authority to ensure transparency, rule of law and involvement of the entire nation in the reforms process.

It is envisaged that the authority’s tenure will be for a year and during that time its secretariat will prepare quarterly progress reports and ultimately a final report for submission to the government, the official leader of opposition parties in parliament and the SADC facilitator (South African President Cyril Ramaphosa).

The lifespan of the authority may be extended by the minister (of Law Constitutional Affairs and Human Rights) for a further six months “or until such time the last (reforms) bill receives the Royal Assent, the rational being to enable the authority to complete its mandate”.

Yesterday, the National Leaders Forum released a statement saying that bill will be presented to cabinet for approval before being submitted to parliament when the August house re-opens “on or before 9 August 2019”.

The forum also said the second multi stakeholder national dialogue will be held from 16 to 18 September 2019.

Foreign Affairs and International Relations minister, Lesego Makgothi, has previously stated that the purpose of the national dialogue which brings together leaders of the governing and opposition parties and other stakeholders, will culminate in the formulation of the draft reform agenda.

The first national dialogue was held from 26 to 28 November 2018 and it was agreed that the next stage in the reforms process would be the inter-district consultations to ensure that Basotho of all backgrounds were afforded the opportunity to be part of the dialogue processes leading to the implementation of the reforms.

The month-long district consultations ended in April this year. Ahead of the second national dialogue, the National Leaders Forum this week said the National Dialogue Planning Committee should work with the government to ensure that experts are appointed on or before 2 August 2019 to draft reports “which would contain succinct options in the parliamentary, security sector, judicial, public sector, economic and media reforms”.

The leaders expect the experts to have completed their work by 23 August 2019 and by 3 September 2019, the draft reports will be presented to the NDPC, the SADC facilitation team and the government.

Thereafter the National Leaders Forum will reconvene on 3 to 4 September 2019 to discuss the experts’ draft reports ahead of the second national dialogue from 16 to 18 September 2019.

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Ntsebeng Motsoeli

ALL Basotho Convention (ABC) deputy leader Professor Nqosa Mahao and his allies have ruled out forming a splinter party as his faction’s battle for control with the party’s former national executive committee (NEC) shows no signs of ending.

Prof Mahao clinched the deputy leader’s post at the party’s February 2019 elective conference. His allies, Lebohang Hlaele (secretary general), Samuel Rapapa (chairperson), Montoeli Masoetsa (spokesperson) and Matebatso Doti (deputy spokesperson) also clinched powerful posts in the party’s NEC. But the five have not been able to discharge their new roles after party leader and Prime Minister Thomas Thabane opposed their election. Dr Thabane subsequently “expelled” them from the party last month. The five have since challenged the expulsions and should their application succeed in the High Court, they plan to hold a special conference to expel Dr Thabane from the party.

On Sunday, Prof Mahao addressed ABC supporters at a rally in Matsieng and ruled out forming a new party.

He said he was aware that some supporters had grown weary of the ABC power struggles and even wanted him and his allies to form a new party. He however, urged his supporters to be patient, saying the battle was almost over and they were confident of winning their case against Dr Thabane.

“We have heard and we know that the patience is wearing off for some of you,” Prof Mahao said.

“But I should remind you that we want to build a strong party with good leadership,” he said adding they were optimistic that they will win the case against their “expulsion” from the party. He said that if the court rules in their favour, they would convene the special conference to decide Dr Thabane’s fate.

“The special conference will also help the ABC members to take control of their party,” he said.

Prof Mahao said they would also hold a policy conference to come up with strategies to enable the ABC to lead the nation to prosperity.

The special conference was initially planned for 6 July 2019 but it had to be aborted after Acting Chief Justice ‘Maseforo Mahase on 5 July 2019 granted Dr Thabane an interim order barring Prof Mahao and his allies from holding it.

Speaking at the Matsieng rally, Mr Hlaele also ruled forming a new party, saying a lot of time and resources had already been invested in the fight for the control of the ABC and it would not be right to give up now.

“It is too late to form a new party. We have fought for far too long using our resources. We cannot despair now when victory is in sight. Let us not form a new party out of anger. We have faith that we will cross over to the promised land. This party is ours. We have a right to it,” Mr Hlaele said.

His sentiments were echoed by the ABC’s Pela-Tšoeu constituency legislator Mphosi Nkhasi who said it was a bad idea to form a new party when the new NEC had been legitimately elected into office in February this year.

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Mohalenyane Phakela

Acting Chief Justice ‘Maseforo Mahase has once again come under heavy criticism from the Court of Appeal over her conduct increasingly seen as severely compromising the integrity of the judiciary.

The Justice Kananelo Mosito led Court of Appeal lambasted Judge Mahase over her “shocking” refusal to hear – in an open court- cases brought before her by the feuding All Basotho Convention (ABC) factions.

One of the apex court judges, Namibian Justice Petrus Damaseb, said Justice Mahase’s refusal to convene an open court contravened Section 11 of the High Court Act which requires that all proceedings be held in an open court.

Justice Damaseb’s sentiments were echoed by fellow appeal court judge, Zimbabwean Justice Moses Chinhengo, who said it was “clear that the Chief Justice was wrong in refusing to go into open court” when she presided over a 5 July 2019 application by ABC deputy leader Professor Nqosa Mahao.

Prof Mahao and his colleagues had in that application asked Justice Mahase to recuse herself from presiding over their petition to stop ABC leader and Prime Minister Thomas Thabane from expelling them from the party.

The judges made their remarks while hearing an appeal from the Prof Mahao faction against Justice Mahase’s ruling interdicting them from proceeding with a special conference slated for 6 July 2019 to discuss and decide on the expulsion of party leader Thomas Thabane.  The application to interdict the conference had been brought by Dr Thabane and ABC deputy secretary general Nkaku Kabi.

Justice Mahase issued the interim order, effectively by default, on 5 July 2019 barring Prof Mahao and his allies from holding the special conference the next day after the latter’s lawyers had refused to proceed in her chambers. Dr Thabane and Mr Kabi had argued in their papers that Prof Mahao and his allies could not proceed with the conference as they had been “expelled” from the party and had no authority to convene one.  They also sought a permanent order confirming these expulsions which had been done despite a separate 12 June 2019 High Court ruling confirming the legitimacy of their election into the party’s new NEC.

Justice Mahase then set 29 July 2019 as the date for hearing Dr Thabane and Mr Kabi’s application for a final order confirming the expulsions of Prof Mahao,  Samuel Rapapa (chairperson), Lebohang Hlaele (secretary general), Montoeli Masoetsa (spokesperson) and his deputy ‘Matebatso Doti. The matter did not proceed on that day and was again postponed to 5 august 2019. However, Prof Mahao’s faction had already appealed the interim order after it was aggrieved by Justice Mahase’s refusal to both recuse herself and hear the case in an open court. The Court of Appeal judges vehemently slammed Justice Mahase while hearing the appeal last week.

Justices Damaseb and Chinhengo were the first to let rip at Justice Mahase accusing her of “shocking” conduct and violating the High Court Act by refusing to hear the case in an open court.

This was after the Mahao faction lawyer, Advocate Mabatṧoeneng Hlaele, told the court that Justice Mahase had flatly refused to entertain their application for her recusal and subsequently issued the interim order barring the applicants from holding the special conference without them participating in the proceedings.

Adv Hlaele said Justice Mahase had effectively refused to afford his clients a hearing because of her refusal to conduct the proceedings in an open court.

“The Acting Chief Justice asked us, through her clerk, to meet her in her chambers and I remained in open court while my instructing attorneys, Koili Ndebele and Khotso Nthontho, went to the chambers together with the then applicants’ (Dr Thabane and Mr Kabi) lawyers, Advocates (Rethabile) Setlojoane and (Rapapa) Sepiriti,” Adv Hlaele told the court.

“When they got into her chambers, she (Justice Mahase) asked them to address her but Adv Ndebele and Nthontho replied by asking her to come into the open court because they had left their files there and I was the one to argue the matter. I was ready to proceed in the open court.

“Justice Mahase then played an audio clip on her mobile phone which she said was from a WhatsApp group of ABC members. She said they were threatening her in that clip. Adv Ndebele asked her if she did not see that (the threats) as a sign that she should recuse herself but she insisted that they continue addressing her (in her chambers). Adv Ndebele and Nthontho then left her chambers for they were not ready or willing to argue in chambers as per the instructions of their clients. However, Adv Setlojoane and Sepiriti remained (in Justice Mahase’s chambers) and they were granted an order blocking the special conference without us being heard,” Adv Hlaele added.

It was then that Justice Damaseb accused Justice Mahase of contravening Section 11 of the High Court Act by refusing to come to an open court.

“If a High Court judge refuses to entertain litigants in an open court, it is a huge problem. Section 11 of the High Court Act says all proceedings must be in an open court. I am greatly shocked because this is the first time I learn of a judge who refuses to hear a matter in an open court,” Justice Damaseb said.

Adv Sepiriti nonetheless replied to Justice Damaseb’s by arguing that it was a common practice in Lesotho for interim reliefs to be sought in judges’ chambers.  Adv Sepiriti also argued that the issue of recusal was never argued by the applicants since they had “abandoned” proceedings.

“I will not comment on whether it was right or wrong for Justice Mahase to refuse to come to open court but in this jurisdiction, interim reliefs are always argued in chambers and the issue of recusal was not entertained because the applicants abandoned the matter” argued Adv Sepiriti.

Justice Damaseb insisted Justice Mahase should have dealt with the issue of her recusal first before entertaining the main application for an order barring the special conference.

He was supported by Justice Chinhengo who insisted that Justice Mahase was wrong to refuse to come into open court.

“It was impossible for them (the Mahao camp’s lawyers) to move their application for recusal because the judge (Justice Mahase) refused to come to open court. How can we say they were not denied a right to be heard? It is clear that the Chief Justice was wrong in refusing to go into open court,” Justice Chinhengo said.

In a separate case on Friday involving the ABC feuds, Court of Appeal President Justice Mosito also laid into Justice Mahase for her failure to provide written reasons for her judgements.

Justice Mosito said court orders which were not accompanied with the reasons for the decisions presented problems because it was difficult to say what the basis for those judgements were.

“That is the problem we have with judges who do not write reasons,” Justice Mosito said of Justice Mahase’s 31 January 2019 judgement in which she had barred Prof Mahao from contesting for the party’s deputy leader post.

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