Nat Molomo

A 2013 case of alleged police brutality has come back to haunt the Lesotho Mounted Police Service (LMPS) after the High Court on Tuesday opened a hearing in which a Mafeteng man is claiming M270 000 from the police for “emotional pain and suffering” and “loss of earnings” stemming from the death of his son in police custody.

The death of Moepa Monare, at the hands of Tšakholo (Mafeteng district) police, is one of many examples of police brutality which has attracted widespread condemnation. Prime Minister Thomas Thabane has however promised his government would act to ensure that rogue police officers are brought to book.

In this latest case, 70 year old Motsoena Monare is suing the Commissioner of Police (first respondent) and the Attorney General (second respondent), for the death of his son, Moepa, in 2013.

The damages claim is broken down as follows: M100 000 for emotional pain and suffering, M100 000 for loss of earnings, M50 000 for burial expenses and M20 000 for legal fees.

The lawsuit dates back to 2013 and it was heard on Tuesday by High Court judge, Justice Tšeliso Monapathi.

Mr Monare told Justice Monapathi that his son Moepa Monare died after he was arrested by the Tšakholo police in January 2013.

He said his son was arrested by the Tšakholo police on charges of committing an unspecified sexual offence.

“The 1^st defendant (Commissioner of Police), through his subordinates, negligently caused the death of my son and despite demand failed to compensate the plaintiff,” Mr Motsoena Monare states in his court papers.

“On or around 4 January 2013, plaintiff’s son, Moepa Monare, was unlawfully arrested by the 1^st defendant’s subordinate officers, whose particulars are unknown to the plaintiff.

“Prior to Moepa’s arrest he was in good health. However, after his arrest, the said unknown police officers demanded his health booklet from the plaintiff. When the plaintiff inquired why his son needed to see a doctor all of a sudden, he was totally ignored.”

Mr Monare states that on 5 January 2013, he sent his other son, Matšelahanye Monare, to the Mafeteng police station to inquire about his detained brother.

He said Matšelahanye was told by one Senior Inspector Nthako that he was investigating the matter and he would update the family afterwards.

Mr Monare states that he waited in vain for the promised update only to be informed of the death of his son on 8 January 2013 by another police officer only identified as Phamotse.

He said the police officers however, refused to tell him what had caused his son’s death or where his body was.

“Instead the plaintiff was informed that he would be notified of the date a postmortem would be performed.

“On the 21^st of January 2013, the said officer Phamotse together with other unidentified officers went to the plaintiff’s house and dumped the deceased’s clothes still refusing to disclose the location of the corpse.”

Mr Monare said it was only after he lodged a court application that the police officers informed him to come to Maseru for the post mortem.

He states that “the whole ordeal was frustrating and stressful since the deceased was the only breadwinner in his family.”

The case was postponed to 5 August 2019 for the submission of more evidence.

The police are also facing other lawsuits including that of opposition Movement for Economic Change (MEC) legislator Thabo Ramatla. Mr Ramatla is suing for M2 million in damages for torture that he was allegedly subjected to by the police in May this year.

A Maseru widow, ‘Makeabetsoe Selete, is  suing the police for M1 million damages for “brutally killing” her husband, Lekhetho, in 2011.

The cases are among many that have put the spotlight on the police for brutality against civilians. There have been numerous other cases of torture and deaths of suspects at the hands of the police.

A recent African Commission on Human and Peoples’ Rights (ACHPR) report seen by the Lesotho Times expresses concern over the “persistent allegations of police brutality” in Lesotho and call on the government to capacitate the relevant institutions to enable them to investigate allegations of human rights violations.

“The government should incorporate the promotion and protection of human and peoples’ rights in all its actions as well as in the legal, policy and institutional reforms which would be initiated as a result of the ongoing national dialogue,” the ACHPR report states.

Early last year, the then Police and Public Safety minister, ’Mampho Mokhele, torched a storm when she publicly admitted that the police used illegal methods including torture to extract confessions from suspects.

Ms Mokhele, who served as a police officer for 37 years, made the revelation at a ceremony where the LMPS was presented with forensic equipment donated by the Algerian government.

She said she hoped the equipment would go a long way in removing the need for torture as the police could now use it to determine whether or not a suspect had been involved in the commission of a crime.

“We, as the police, are often forced to use violence to get information out of people because at times we would be sure that the suspect committed the crime but due to lack of tangible evidence we have to use force,” Ms Mokhele said.

Prime Minister, Thomas Thabane, has condemned police brutality and ordered the Ministry of Police and Public Safety to furnish him with a report of how the ministry has dealt with cases of police officers suspected of human rights violations.

The United States ambassador to Lesotho, Rebecca Gonzales, has also warned that Lesotho risks losing out on the multi-million-dollar second compact under the Millennium Challenge Corporation (MCC) due to concerns about “unacceptable” corruption and police brutality against citizens.

The post Police slapped with M270 000 lawsuit appeared first on Lesotho Times.

Ntsebeng Motsoeli

BARELY a week on from her horrific knife attack in her Lithabaneng home, All Basotho Convention (ABC) deputy spokesperson, ‘Matebatso Doti, is praying for a quick recovery and itching to return to the cutthroat arena of the faction-ridden politics of the ABC.

The former Social Development minister also wants her assailants to be swiftly brought to justice for the brutal “assassination attempt” which almost ended her life in the early hours of last Friday.

Ms Doti said this from her hospital bed at the Makoanyane Military Hospital in Maseru and her remarks were beamed live through giant speakers to ABC supporters at the rally held by the Professor Nqosa Mahao led faction in Matsieng early this week.

Speaker after speaker at the rally, including Prof Mahao, condemned the brutal attack and called for decisive government and police action to protect women from the cases of violence which are on the rise in the country.

“I am still alive and recovering well,” Ms Doti said to loud cheers from the hundreds of ABC supporters who graced the Matsieng rally.

“I am very thankful that I’m recovering and I hope to be with you soon. Justice has to be served in connection with this attack,” added Ms Doti.

The Lithabaneng legislator is lucky to be alive after being stabbed five times by eight unknown assailants in what she said was an assassination attempt at her Lithabaneng, Maseru home in the early hours of Friday.

The assailants told Ms Doti that they had been sent to kill her for siding with Prof Mahao in the ABC power struggle. They also robbed her of M4000 that was deposited in her bank account and two guns that belonged to her late husband who had retired from the army by the time of his death in 2017.

Two separate statements released last Friday by the government and the police suggested that the attack on Ms Doti was purely a criminal act of assault, theft and robbery by criminals who made off with her valuables.

“The government is relieved that attackers spared Honourable Doti’s life even though she was injured and the suspects ran away with some valuables and money.

“Unfortunately, this incident is one of the many attacks that have become common where perpetrators murder and steal people’s property and deprive them of their freedom. These barbaric acts are done by groups of people who have declared war against the rule of law.

“The government will capacitate all the security agencies to protect citizens against these law breakers who seem hell-bent to humiliate, destabilise and destroy Basotho’s lives by attacking their leaders,” the government said in its statement.

On its part, the Lesotho Mounted Police Service said, “Honourable Doti was stabbed several times with a seemingly sharp object”.

“These men (assailants) stole two firearms, Automated Teller Machine (ATM) cards, a wallet that had about M400 and car keys. They sped off with one of her (Ms Doti’s) vehicles but they later abandoned it on the roadside,” the police statement said.   The police also appealed to the public to report any information that may lead to the arrest of the suspects.

While the government and police statements suggest that Ms Doti was the victim of a robbery, the legislator and her ABC allies are convinced that the attack, which left her in a pool of blood, was a politically motivated bid to eliminate her for siding with Prof Mahao in his struggle for control of the ruling party with former members of the party’s national executive committee (NEC). The former NEC’s mandate expired just before the ABC’s February 2019 elective conference where Prof Mahao, Ms Doti and others were elected into the NEC. Prof Mahao was elected deputy leader and Ms Doti deputy spokesperson. Three other Mahao allies, Samuel Rapapa (chairperson), Lebohang Hlaele (secretary general) and Montoeli Masoetsa (spokesperson) also clinched the powerful posts in the new NEC.

But the ABC has not known peace and stability after Prof Mahao’s election was rejected by the old NEC and by party leader and Prime Minister, Thomas Thabane.

The alleged assassination attempt on Ms Doti comes against the background of warnings of the ABC conflict spiraling into bloodshed. The warnings were delivered in February this year by senior politicians such as Habofanoe Lehana (Trade and Industry minister), Keketso Sello (Mining minister) and the party’s Rothe constituency legislator, Mohapi Mohapinyane. Prof Mahao, Mr Rapapa and Mr Hlaele subsequently beefed up their security after alleging that they had received reports of plots by their party rivals to assassinate them.

At the Matsieng rally, Prof Mahao led the way in praising Ms Doti and condemning the brutal attack on her. He said the legislator became the “latest in the long list of ABC women whose lives have been threatened in the past six months since the (party’s February 2019) elections”. He however, did not say who had threatened the female ABC members as the power struggle continues between the old and new NEC factions.

“’Mé Doti. What a gentle soul. She has a heart of gold. She calls me twice every day always consulting with me to check if we (the Mahao faction) are still on track. Her attack adds to a long list of ABC women whose lives have been threatened in the past six months since the election. Some have received threats over the phone,” Prof Mahao said.

He said that it was disheartening that Ms Doti was attacked just a few days before women’s month in August.

Women’s month was originally aimed at commemorating South African women’s spirited fight against repressive apartheid laws in the 1950s. On 9 August 1956, more than 20 000 women from different sections of society united in a mass demonstration to the Union Buildings in Pretoria. They protested against the unjust pass laws enforced on women in South Africa. Now women’s month commemorates women in general, including Basotho women’s fight for emancipation form socio-cultural and economic ills.

Prof Mahao said local women should take the cue from their South African counterparts and stage protests against gender-based violence.

“If you are able to, ladies please go out there and call all women across the country to join you in telling the government that enough is enough. We can no longer stand and watch these heinous crimes that our mothers, daughters and sisters endure. Some have been murdered mercilessly. This has been going on for far too long and there are no signs of it coming to an end.

“I know that you are great worshipers but God helps those who help themselves. It is now time to confront the government and remind them that their one of the major mandates is to ensure the wellbeing of the citizens so that a Mosotho woman like ‘Mé Doti can sleep soundlessly in her home.

“Police should tell us how many criminals have been arrested since the beginning of this year. They should tell us how many have appeared in the courts of law and how many have been incarcerated. You (women) must stop talking and take action. You have our support as men,” Prof Mahao said.

On his part, ABC secretary general, Lebohang Hlaele said whoever attacked Ms Doti and all other women were cowards for targeting the most vulnerable members of the society.

“When I had of ‘M’e’ Doti’s ordeal I prayed that God ends the lives of her attackers. I prayed that they burn in hell. I know that God has heard my prayers and he will eventually answer me,” Mr Hlaele said.

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Mohalenyane Phakela

EMBATTLED All Basotho Convention (ABC) deputy leader Professor Nqosa Mahao and four others’ High Court application challenging their “expulsion” from the ABC once again failed to take off on Tuesday, this time due to the ill-health of Dr Thabane’s lawyer, Advocate Rethabile Setlojoane.

One of the applicants’ lawyers, Advocate ‘Mabatšoeneng Hlaele, told the Lesotho Times that as a result of Adv Setlojoane’s illness, the applicants and respondents’ lawyers will no longer argue their clients’ case and the judges will make a decision on the basis of both sides’ heads of argument that have already been filed in court.

“Adv Setlojoane is not feeling well so we reached an agreement that the judges should make their judgement on the basis of our heads of argument and they will call us back when the judgement is ready,” Adv Hlaele said.

Prof Mahao was “expelled” on 17 June 2019 from the ABC by Dr Thabane along with fellow national executive committee (NEC) members, Lebohang Hlaele (secretary general), Samuel Rapapa (chairperson), Montoeli Masoetsa (spokesperson) and his deputy Matebatso Doti.

The quintet were “expelled” for alleged insubordination after they convened and addressed rallies in apparent defiance of Dr Thabane’s orders for them not to do so.

They subsequently launched a High Court bid to have their “expulsion” nullified as well as to have Dr Thabane interdicted from making any major party decisions on his own without the involvement of the NEC.

The application was initially supposed to be heard on 26 June 2019 by the High Court bench comprising of presiding judge Thamsanqa Nomngcongo and Justices Sakoane Sakoane and Moroke Mokhesi.

The case did not proceed after Justice Sakoane stated that the presiding judge Nomngcongo had been taken ill.

Again on 22 July the case failed to proceed as Justice Nomngcongo was still unwell. Justice Nomngcongo made an appearance in court that day and looked visibly ill with a swollen face.

“I am not feeling well and as you can see, this is not the face that I normally carry,” Justice Nomngcongo said. He then directed Justice Sakoane to give the instructions pertaining to Prof Mahao and others’ application.

Justice Sakoane then postponed the case to 30 July 2019 in the hope that by that date, Justice Nomngcongo would have recovered to preside.

However, on Tuesday, Prof Mahao, Mr Rapapa and other ABC members waited in vain for the case to be heard in open court. They eventually left after their lawyers told them that an agreement had been reached for the judges to deliver a verdict after going through both sides’ heads of arguments.

The applicants also want Dr Thabane to be held in contempt of court for his failure to recognise them as the legitimate NEC as per the High Court Judgement of 12 June 2019.

“The decision of the first respondent (Dr Thabane) taken on 17 June 2019 expelling the applicants as members of the ABC (must) be set aside as null and void. The first respondent (Dr Thabane) as the leader of the second respondent (the ABC) does not have the power to expel any member of the ABC without ratification by third respondent (ABC’s NEC).

“The first respondent (Dr Thabane) be interdicted from making unilateral decisions and interfering with the affairs of the second respondent (ABC) without involvement of the full contingent of the third respondent (ABC’s NEC).

“The first respondent (should) be found guilty of contempt of an order of court dated 12 June 2019. In the event the court finds the first respondent guilty of contempt, he shall be ordered to purge his contempt, failing which he be committed to jail for a period determined by the court,” the applicants state in their court papers.

Meanwhile, another ABC case where Dr Thabane and Ms Kabi are seeking an order confirming the expulsion of Prof Mahao, Ms Doti, Messrs Rapapa, Hlaele and Masoetsa from the ABC, also failed to take off on Monday before Acting Chief Justice ‘Maseforo Mahase.

One of the Mahao faction’s lawyers, Advocate Khotso Nthontho, the matter was postponed to 5 August to allow Dr Thabane’s lawyer, Adv Setlojoane, to file the replying affidavit on behalf of his client.

The post Lawyer’s illness delays ABC case appeared first on Lesotho Times.

Mohalenyane Phakela

A former minister accused of raping a 17 year old orphan  is now free after negotiating an out of court deal to build a house for the victim and pay her M1000 in monthly maintenance in a seemingly corrupt judicial settlement condemned by  top legal experts.

The former minister in question is Mootsi Lehata, who served in the Law and Constitutional Affairs portfolio, under the previous seven parties’ coalition of then Prime Minister Pakalitha Mosisili which reigned between March 2015 and June 2017. He stands accused of raping and impregnating the 17 year old in Matsieng in January 2018.

But instead of standing trial for the alleged offence, Mr Lehata has negotiated the controversial deal to evade trial. The deal was endorsed by southern region Chief Magistrate Manyathela Kolobe when Mr Lehata appeared before him last week.

The deal to withdraw the rape charges against Mr Lehata has attracted the ire of legal experts who describe it as improper and irregular. University of Limpopo public law professor, Hoolo Nyane, has strongly condemned the deal.

Human rights lawyer and women’s rights activist, Lineo Tsikoane, has also lambasted   the state for allowing Mr Lehata to go unpunished for the alleged offence. Advocate Tsikoane said “Lesotho was gradually becoming the rape capital of the world” as the state was allowing those with money to get away with crimes while failing vulnerable women in the process.

Mr Lehata, who was a Democratic Congress (DC) minister in the Dr Mosisili led coalition, was arrested on 29 June 2018 on allegations of raping the then 17-year-old orphan girl in Matsieng. The girl reportedly fell pregnant as a result of the January 2018 rape.

After numerous postponements, the case was finally heard on 10 July 2018 by Chief Magistrate ‘Matankiso Nthunya.  Chief magistrate Nthunya read the charge to the Mr Lehata and released him on M500 bail on condition that he did not interfere with witnesses and police investigations.

“The said accused is charged with the crime of sexual offence…Upon or about 19 January 2018 at or near Ha Moima Sehlabeng sa Matsieng in the district of Maseru, the said accused did unlawfully and intentionally have sexual intercourse with the minor – a Mosotho female aged 17 without her consent,” Chief Magistrate Nthunya read then.

After more postponements from July last year, Chief Magistrate Nthunya eventually recused herself from the case in February 2019 and southern region Chief Magistrate Kolobe took over. No reason was proffered as to why Mrs Nthunya had recused herself.

Controversy continued to dog the case with sources close to the developments telling the Lesotho Times that some family members, who had initially attempted to sweep the matter under the carpet, relocated the girl to a secret location in South Africa late last year. The relocation was allegedly done against the alleged victim’s will and this negatively affected efforts by officials in the Ministry of Social Development to assist her after her ordeal. The sources said the ministry had been assisting the girl through counselling sessions to help her get over her ordeal.

The girl eventually gave birth in October 2018 in South Africa. She has now agreed to drop the case in an out of court deal that will see Mr Lehata build a house for her and her baby. Mr Lehata will also pay her a monthly fee of M1000 as maintenance for the minor child.

Magistrate Kolobe endorsed the controversial deal when Mr Lehata and the complainant appeared before him on 25 July 2019. This after Maseru district prosecutor, Gcinimusi Tshabalala, told the court that the victim was withdrawing the case. Back in January this year when the Lesotho Times first learnt that the victim had been shipped to South Africa by some family members who did not want her to testify, Mr Tshabalala insisted that she would be available to testify when the trial got underway.

“The hearing is set for 21 February (2019) and I am expecting the girl to be present in court. I am not aware that she is not in the country but she will have to be here.

“If need be, I will subpoena her and ask the police to track her down,” Mr Tshabalala told the Lesotho Times at the time.

However, the prosecutor sang a different tune last week.

“It is the complaint’s decision to abandon this case on condition that the accused maintains the child (born as a result of the alleged rape) to the tune of M1000 and that the complaint builds a house where she (alleged victim) will live together with her child,” Mr Tshabalala told the court on 25 July 2019.

Mr Tshabalala also told chief magistrate Kolobe that he had no objection to the deal and the dropping of the charges.

On her part, the complaint told the court she was in agreement “with what Mr Tshabalala had said”. Mr Lehata’s lawyer, Advocate Qhalehang Letsika, concurred.

But the deal is being condemned as a corrupt settlement as the State is obliged to prosecute all criminal cases without deferring to the whims of witnesses.

Adv Tsikoane and Professor Nyane are particularly disappointed by the withdrawal of the charges.

By allowing Mr Lehata to go unpunished, Adv Tsikoane said the state was essentially allowing rich people to buy their freedom and get away with crime.

“Our biggest problem is having crimes sedated with money. The girl was probably cornered because she has no one to provide for her. In light of widespread poverty in Lesotho, it means the rich can always buy their way and take advantage of the poor.

“This is very painful for us as a nation. We trust the state to protect us from all criminal activity not to aid and abet criminals.  In this case the state has betrayed the rights of women.

“Lesotho is gradually becoming the rape capital of the world and we do not see the state doing anything to ensure that rape crimes do not occur. It can of course be said that the girl was within her rights to abandon the case if she so wished but the state still has a responsibility to ensure that justice is served. What did the state do to ensure that justice is served from when this matter was reported?

“As a human rights lawyer, I was part of a programme to rehabilitate the girl.  Does the state even consider the trauma the girl suffered while this matter dragged before the court,” Adv Tsikoane asked rhetorically.

On his part, Prof Nyane said the withdrawal of the case was “an improper and irregular act by the prosecution”.

“It is not for the complainant or the accused to tell the prosecutor what to do in criminal cases. The prosecution can only withdraw the case when the trial can no longer be sustained, for instance if the witnesses have died.

“From what I learn of this case, it was a straight-forward one and it was improper and irregular for the prosecution to withdraw it under such circumstances in which the accused makes an offer,” Prof Nyane told the Lesotho Times.

Mr Tshabalala and the Director of Public Prosecutions, Advocate Hlalefang Motinyane, refused to comment on the matter. Adv Motinyane advised this publication to “please contact someone else” for comment. Mr Tshabalala advised this publication to “rely on what was said in court” in connection with the case.

Crimes against women and children have become commonplace in Lesotho with perpetrators in most cases going scot free.

The post Rape charges against former minister withdrawn appeared first on Lesotho Times.

Ntsebeng Motsoeli

MASERU mayor Mpho Moloi and fellow Maseru City Council (MCC) councillors have strongly denied corruption allegations levelled against them by Local Government and Chieftainship Affairs minister Litšoane Litšoane.

Ms Moloi and 20 Maseru City Council (MCC) councillors this week said Mr Litšoane “must have been totally misinformed and there was absolutely no truth” to his claims that senior managers and councillors had helped themselves to M3, 5 million meant for development projects in the capital.

They also expressed shock at the minister’s “unilateral” decision to dissolve the council’s tender board on the grounds that councillors were not supposed to sit on it. Mr Litšoane this week announced the dissolution of the tender board, saying the move was necessary to rid the board of councillors who sat on it in contravention of the Local Government Act of 1997.

Ms Moloi hit back at the minister saying there was nothing amiss with the councillors sitting on the tender board. She vowed they would disregard its “purported” dissolution and continue with the business of awarding tenders, among them, the tender for the construction of new Mpilo highway.

“We were shocked to hear that the minister has decided to dissolve the tender board. There are so many other committees in the MCC and it is strange that of all these, he chooses to dissolve the tender board when it is in the middle of processes to award tenders for the construction of the new Mpilo highway. By so doing he invites us to believe rumours doing the rounds of interests to torpedo the proper adjudication of this tender and corruptly sway it to certain favoured people.

“I would like to make him (Mr Litšoane) aware that his decision to dissolve the tender board is just a joke. Just like him, we are all here with a mandate from the people who elected us. For him to decide to dissolve the tender board is just a huge joke.”

On his part, the chairperson of the MCC tender board, Metsing Mothetsi, said its “purported” dissolution was a unilateral decision taken without their input. It was still to be formally communicated to them, he claimed.

“We just heard over the radio that the MCC tender board has been dissolved. We do not have a problem with the honourable minister’s (Mr Litšoane) powers (to take action) but he should have engaged us on a formal level. He still has not informed us that the board has been dissolved.”

Mr Mothetsi said they found it puzzling that Mr Litšoane was only acting against them now when they were in the middle of awarding tenders for the Mpilo road. He said this was despite the fact that the same minister had never questioned them for awarding tenders in the past.

“We have awarded tenders for road constructions before and the minister has never complained. Now we wonder why he views the tender processes for the Mpilo road differently from other roads. We wonder why he has to hijack them (Mpilo road tenders) just after the same panel has opened the tender applications. With all due respect, the Honourable Minister is being unfair on us,” Mr Mothetsi said.

MCC councillor Lebohang Karala accused Mr Litšoane and his principal secretary, Khothatso Tšooana, of tarnishing the councillors’ image by spreading “false” claims that they illegally took money from the MCC as loans and salary advances.

Mr Karala said it was also wrong of Messrs Litšoane and Tšooana to say the current council had crafted the policies to illegally help themselves to council funds when the same policies were approved by previous governments.

He said it was not true that councillors had taken M3, 5 million from the council coffers, adding that only M77, 900 had been given out as loans or salary advances.

“I will not say that the honourable minister is lying but it is clear that he was given wrong information about the operations of the MCC. It is a pity that all this information is ruining our images and it is going to affect us politically. The best he could have done was to engage us before going to the press with his unfounded accusations,” Mr Karala said.

Deputy Mayor Tholang Sefojane said it was not the councillors but the “the- powers- that- be” that caused the MCC to be broke by taking money from the council’s account.

Mr Sefojane said the council was so broke that they could soon be forced to vacate their rented offices at the Moonstar Shopping Complex in the capital.

“They take money from us,” Mr Sefojane said without naming the government officials. “They want to give the Mpilo tender to their friends.” He said Mr Litšoane should have got his facts right before attacking them. He also said Mr Tšooana had no business interfering in the affairs of the MCC.

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Pascalinah Kabi/Ntsebeng Motsoeli

LOCAL Government and Chieftainship minister Litšoane Litšoane has accused councillors and officials of the Maseru City Council (MCC) of effectively stealing M3, 5 million meant for development projects to pay themselves loans and salary advances.

Mr Litšoane said the illegal diversion of funds had badly affected the council’s cash flows to the extent that the MCC was unable to pay its employees their July 2019 salaries. As a result, the ministry had to divert M500 000 meant for an electrification project to help pay those salaries.

But the MCC has vehemently denied the minister’s allegations in what has now become a ferocious war of words.

The minister and his principal secretary, Khothatso Tšooana, said they were now probing corruption in the MCC. Mr Litšoane said they were also investigating how councilors ended up sitting on the council’s tender panel and awarding tenders in contravention of the Local Government Act of 1997 which specifically prohibits councilors from being part of the tender panel.

Maseru mayor, Mpho Moloi, and some of her fellow city councillors have now gone on a war path against the minister and her principal secretary, accusing the duo of trying to tarnish their images by spreading “false claims” that they had helped themselves to council money to pay themselves loans and salary advances. She also accuses them of having an underhand agenda of trying to influence tenders in the MCC in favour of their acolytes.

Councillor Lebohang Karala said it was also wrong of Messrs Litšoane and Tšooana to say the current council had crafted policies to illegally help themselves to council funds when the same policies had been given the green light by the previous governments.

He said it was not true that councillors had taken M3, 5 million from the council coffers, but only M77, 900 had been given out as loans or salary advances.

Addressing the media this week, Mr Litšoane said he had  discovered that the councilors had drafted and implemented another policy to give senior MCC officials allowances for international trips without his knowledge and approval.

Mr Litšoane said his ministry had commenced investigations to discover the culprits behind the alleged corruption. He also ordered councillors and officials who had benefitted from the “illegal” loans and salary advances to immediately repay the money. He said councillors and officials should have approached the banks for loans instead of raiding the council’s coffers.

“M3, 5 million is missing and it is embarrassing that this month (July), the MCC had trouble paying employees their salaries because some members of the senior management had taken the money to eat it (sic),” Mr Litšoane said.

“This policy (of diverting council funds to loans, travel allowances and salary advances) is against the local government regulations.

“It was never stated in our motivations for the budget allocation to the Maseru City Council that the money was for personal purposes. That money was given by the government to finance development projects. People who want money should go to the banks for loans.

“These policies (of diverting council funds) are illegal and I have ordered that they be stopped immediately. Only the minister of local government has the powers to approve policies and to approve the flow of funds in the councils’ accounts.

“The granting of travel allowances is against local government regulations and therefore I have ordered that it is stopped immediately. From now on, the principal secretary will authorise trips for the town clerk and senior officers. I have also ordered the town clerk to ensure that all the money (illegally taken by the councilors and officials) is paid back into the MCC account.”

Mr Litšoane said they were also investigating another case of MCC councilors illegally sitting on the council’s tender panel in contravention of the Local Government Act of 1997.

“(Maseru) councillors award tenders. This is against the Local Government Act of 1997 which clearly stipulates that the awarding of tenders shall be done by officers who have been trained to do so. Councillors are specifically prohibited from being part of the panel that awards tenders. I have decided to dissolve the MCC tender board. The town clerk will form a new tender panel based on the Public Procurement Regulations of 2007 as amended in 2018.”

Mr Litšoane said internal investigations were underway to discover the extent of the corruption in the council and all those found guilty will be named and shamed in addition to being prosecuted.

On his part, Local Government principal secretary, Khothatso Tšooana, said, the investigations had just begun.

“We cannot divulge the details for now lest we jeopardise the investigations. We are doing our part now and the police will take care of the criminal cases should there be a need for such action,” Mr Tšooana said.

This week’s press briefings by Messrs Litšoane and Tšooana came barely three days after the duo and Local Government deputy minister, Kotiti Diholo, held a crisis meeting with senior MCC officials in Maseru.

The Lesotho Times subsequently obtained an audio recording of the Friday closed door meeting where Messrs Litšoane, Diholo and Tšooana aired their concerns with regards to the alleged misappropriation of MCC funds.

In the audio clip, the trio are heard quizzing some MCC officials who admit that some councilors and officials were loaned money and others had not paid back money they were given as salary advances. Mr Tšooana is heard saying that they discovered that the practice of MCC officials awarding themselves salary advances and loans had been going on since 2004. He said that if the practice was not stopped, the MCC would completely run out of funds.

He added that the council’s July 2019 salaries would have been paid without any problems had it not been for the councillors and officials’ policy of awarding themselves loans and salary advances.

“I must say that this month (July) we scratched our heads not knowing where we were going to get the money for staff salaries from. There was a M500 000 shortfall on the money for salaries and we ended up taking money from the electricity project to add to the salaries and ensure that staffers are paid,” Mr Tšooana said.

In the same audio clip, Mr Litšoane is also heard saying that he was disappointed that the alleged malfeasance at the MCC had been going on even though the council had legal experts to give guidance on how things should be done.

“We have experts in the MCC but it gives me a headache that they didn’t pick this up (alleged malpractices) on time. They failed to advise us on time (about the malpractices). Could it be that they are also benefitting from the malpractices hence their failure to advise us?”

Mr Litšoane said that it was a “huge blunder” that M3, 5 million in MCC funds went straight to loans for senior officials and councilors, adding that no government department was authorised to give out loans to its officers and travel allowances for international trips without the requisite approvals.

“I am only hearing in the corridors that the town clerk and others have left the country on official trips yet there has never been approval for such trips from the principal secretary or the Minister’s Office. Money is being spent on international trips but there is no law that stipulates that you can make your own decisions without my approval,” the minister continues in the audio.

“I know for sure that no department is allowed to loan out money within itself. This practice at the MCC has never happened anywhere else.

“The issuance of loans must stop immediately. I am also giving you a deadline to ensure that all the monies illegally loaned out to civil servants in the MCC must be paid back by 31 July 2019.

“The principal secretary, as the chief accounting officer, should give me a report that everyone who took out loans has repaid them,” Mr Litšoane says in the audio.

He said the local government ministry had inspected the MCC’s procurement department and established that councillors sat in the tender panel, a practice he said was illegal.

He said the MCC’s senior management had failed to explain the councillors’ presence on the tender board when the law was specific that they should not be there.

The post Minister, MCC clash over graft claims appeared first on Lesotho Times.

Ntsebeng Motsoeli

THE Minister of Local Government and Chieftainship, Litšoane Litšoane has summoned Maseru Mayor, Mpho Moloi to a disciplinary hearing to answer to insubordination charges.

The hearing has been set for Monday and Tuesday next week.

Ms Moloi is accused of contravening the Maseru Municipal Council (MMC) code of conduct by residing in a staff house at the expense of council staff.

Ms Moloi is also accused of compromising the integrity of the council by encouraging or participating in a conduct that caused maladministration at the council.

This comes on the back of Mr Litšoane’s accusations that councillors and officials of the MCC stole M3, 5 million meant for development projects to pay themselves loans and salary advances. Mr Litšoane made the accusations last week and announced that he had also dissolved the MCC’s tender panel for contravening the Local Government Act of 1997.

Mr Litšoane said the tender panel was composed of councillors in contravention of the Local Government Act.

Mr Litšoane said the illegal diversion of funds had badly affected the council’s cash flows to the extent that the MCC was unable to pay its employees their July 2019 salaries. As a result, the ministry had to divert M500 000 meant for an electrification project to help pay those salaries.

But the MCC has vehemently denied the minister’s allegations in what has now become a ferocious war of words.

Ms Moloi and her colleagues said Mr Litšoane was misinformed. The councillors have in turn levelled corruption allegations against Mr Litšoane. They also called his move of dissolving the tender panel suspicious considering that it had already started processes for the tendering of the Mpilo highway extension.

According to the letter signed by the Advocate Tumelo Mokoena, who has been appointed secretary to a committee tasked to investigate the allegations by Mr Litšoane, Ms Moloi is also accused of publicly disobeying Mr Litšoane’s directives, walking out of a meeting with him and staging an attack on him at a rally in Mafeteng.

“On 30 July 2019, you, Ms Moloi, held a press conference where you publicly declared an abolition of Minister of Local Government and Chieftainship’s lawful directive on administration and management of Maseru Municipal Council,” the letter addressed to Ms Moloi reads.

“On 1 August 2019, the Minister of Local Government and Chieftainship held a meeting with Councillors of Maseru Municipal Council. In that meeting, you, Ms Moloi, without reasonable excuse, walked out of the meeting showing no respect to the lawful authority.

“On or about 4 August 2019, you, Ms Moloi, addressed a political rally in Mafeteng No. 55 where you made vicious attacks to the Minister of Local Government and Chieftainship.”

The letter said Mr Litšoane acted in accordance with Regulation 23 of the Local Government Regulations 2005 read with Clause 11(7) of the Code of Conduct for Councillors, to investigate the alleged acts levelled against Ms Moloi.

The letter said that Ms Moloi has acted contrary to the MMC code of conduct.

“You reside in one of the staff houses at Maseru West belonging to the Maseru Municipal Council contrary to the provisions of clause 9 of the Code of Conduct…” the letter reads.

The hearing is scheduled for 12 and 13 August 2019 at the Ministry of Local Government and Chieftainship Boardroom at Moposo House in Maseru.

Ms Moloi has been afforded the right to have a representative who shall be a colleague. She will also be allowed to call witnesses will also be allowed to cross examine any witness. She has also been warned that the hearing would proceed in even if she absconds.

In a letter to appoint Adv Mokoena, Mr Litšoane ordered the committee to conclude the investigations and submit a report to his office by 16 August 2019.

“…In my capacity as the Minister of Local Government and Chieftainship, appoint you, the secretary to a committee which will be investigating acts allegedly committed by Ms Mpho Moloi in her capacity as a Councillor and the Mayor of Maseru Municipal Council.

“After conclusion of investigations, the committee is expected to submit a report to my office on or before 16 August 2019,” Mr Litšoane’s letter said.

Meanwhile, Ms Moloi on Sunday told an All Basotho Convention (ABC) rally for the Professor Nqosa Mahao faction in Mafeteng that she was not worried that she could be fired and evicted from her Maseru West home for speaking against Mr Litšoane.

Ms Moloi said she was unfazed although she had been informed that she could be fired.

“My responses to the minister (Mr Litšoane) have followed me and I have heard that I could soon be served with a letter of eviction from the MCC house and that I could also be fired as mayor.

“But I can swear that I am not deterred by any of that. I was elected to be a councillor not a mayor of Maseru. But what is most important is that I am still the elected councillor for the Maseru Central constituency,” Ms Moloi said.

Ms Moloi said she stood by her words adding that she was compelled to respond to Mr Litšoane’s statements the way she did to set the record straight.

“I am the face of MCC, so I felt compelled to respond to him in the media that he was not telling the truth. I still maintain even now that he was not telling the truth. We appeal to our lawyers to go through the MCC laws and regulations to help us determine who is telling the truth or determine who the thief is between ntate Litšoane and I,” she said.

Ms Moloi said legislators had no business interfering with the offices of the councillors, making them look like they were just getting paid for now work.

“If we let the MPs run the show and interfere with our work, we will not get any job done and the electorate will curse us.”

In an interview with this publication this week, Ms Moloi said she had still not been served with any letters although she was awaiting them.

She said they were called for a meeting on Thursday where Mr Litšoane said they should not have responded to his statement in the press but should have instead gone to him.

“I said that likewise, he should have called us to discuss his concerns instead of addressing them at a press conference. We had to use the same platform to clear our soiled names.”

She said she and six other councillors walked out of the meeting which had turned into an interrogation room, leaving some of their colleagues who seemed to have backtracked.

“I called a meeting the following day to deliberate on the meeting we had with the minister and only me and the six councillors who walked out on the minister came.

“I am standing by the truth. I am calling a spade a spade. I don’t want to shoulder any blames because we had been scared to confront our superiors.

“It is odd how they suddenly dissolved the tender board when it has already advanced in the tendering processes of the Mpilo Road. The new tender board would have to start the whole tender processes all over again,” Ms Moloi said.

The post Minister drags MCC Mayor to a hearing appeared first on Lesotho Times.

Mohalenyane Phakela

TWO more foreign judges have arrived in Lesotho to preside over the politically sensitive criminal cases involving politicians, serving and former members of the security agencies including the trials of double murder-accused former army commander Lieutenant General Tlali Kamoli.

Botswana judges, Justices Onkemetse Bashi Tshosa and Kabelo Kenneth Lebotse, were sworn in on Monday in Maseru by the Acting Chief Justice, ‘Maseforo Mahase, as government moved to ensure that the much-delayed high-profile criminal trials get underway.

This brought to three the number of foreign judges that have been recruited to try the high-profile cases.

Zimbabwean judge Justice Charles Hungwe was the first to be sworn in January before the recruitment exercise was suspended in February in the wake of a Constitutional Court challenge by Lt-Gen Kamoli, former Defence and National Security minister, Tšeliso Mokhosi, and 14 others, against the recruitment of foreign judges.

Lt-Gen Kamoli and his co-applicants argued that the recruitment of foreign judges was unconstitutional allegedly because it “usurped” the role of the Judicial Service Commission (JSC). But the Court of Appeal’s dismissal of Lt-Gen Kamoli’s case last week cleared the way for the resumption of the recruitment of the foreign judges. The dismissal of the appeal also cleared the way for the pre-trial conferences of the politically sensitive cases to begin this week. The first of these pre-trial conferences on Monday was that of Lt-Gen Kamoli and nine others who are charged with murdering former army commander, Lt-Gen Maaparankoe Mahao on 25 June 2015.

Speaking in the aftermath of Justices Tshosa and Lebotse’s arrival and swearing-in ceremony, the Acting Registrar of the High Court, Pontšo Phafoli, said the two judges were sourced by the judiciary from Southern African Development Community (SADC) member-states to preside over the high-profile criminal trials.

“We took this step (of recruiting foreign judges) to ensure that the (high profile) cases are heard to finality. After noting the huge backlog of cases before the courts, we asked for support in the form of additional judges from our development partners and we were able to get the three (Justices Hungwe, Tshosa and Lebotse),” Ms Phafoli said.

“The expectation is that the criminal trials will run for 18 months but if the cases are not finalised by then, the (foreign) judges’ contracts will be extended to enable them to hear the cases to finality.

“There are nine high profile cases in all but they (foreign judges) will also hear other criminal cases besides these high-profile ones.”

Justice Tshosa attained his doctorate in law (PhD) at the University of Edinburgh (Scotland) in 1999. He also holds a Masters of Laws (LLM) from the University of Lund (Sweden- obtained in 1992) as well as a Bachelor of Laws from the University of Botswana (obtained in 1990). In addition to his vast experience as a magistrate and a high court judge in his home country, Justice Tshosa was also a judge of the SADC Tribunal in Namibia from 2005 to 2010. He is currently a law lecturer at the University of Botswana.

Justice Lebotse has a Master of Laws from the University of London (obtained in 1996). He also holds Bachelor of Laws (LLB) from the University of Botswana (obtained in 1994) and a Certificate in Human Rights from the Raoul Wallenberg Institute of Human Rights and Humanitarian Law in Sweden (1999). He has previously worked as an acting judge at the High Court of Botswana until 2017. He also worked as a senior lecturer at the University of Botswana.

The Minister of Justice and Correctional Services, Mokhele Moletsane, is on record saying that the decision to engage foreign judges was taken to protect local judges from possible victimisation and backlash from trying the “politically sensitive cases”.

Mr Moletsane said while the local judges were competent enough to try the cases, the government and the Southern African Development Community (SADC) still felt it necessary to engage foreign judges because the cases in question were politically sensitive. He further said that the verdicts of the foreign judges were less likely to be viewed as biased.

“It has never been about the incompetency of local judges as the government believes they are capable enough to preside over the cases.

“However, the government and SADC agreed that due to the nature of the cases which are said to be politically sensitive, it would be best to source foreign judges because local judges are at risk of being victimised for the verdicts they would give for the cases,” Mr Moletsane said.

The post More foreign judges sworn in appeared first on Lesotho Times.

Mohalenyane Phakela

EMBATTLED Lieutenant General Tlali Kamoli and fellow detained soldiers are pleading poverty and face a huge battle to retain the services of highly qualified, prominent lawyers to defend them in their upcoming murder and attempted murder trials.

So dire is their financial predicament that Lt-Gen Kamoli and the other soldiers’ lawyers are threatening to withdraw their services if the state does not take over the responsibility of paying their legal fees.

As first reported by the Lesotho Times last month, Lt-Gen Kamoli joined nine other detained soldiers in pleading with the state to pay their legal costs.

The 10, who have been detained at the Maseru Maximum Prison wrote to the Acting Registrar of the High Court, Pontšo Phafoli, demanding that the state pays their lawyers because they would not afford to pay for themselves after incurring hefty costs in an ultimately fruitless attempt to stave off prosecution.

Their situation is aggravated by the anticipated lengthy trials they would have to undergo after losing their bid to be freed on the grounds that the cases have taken too long to commence. They also lost their prolonged bid to stop the recruitment of foreign judges to try them last Friday in the Court of Appeal.

After the pre-trial conferences that got underway this week, it is anticipated that the full trials will go on for at least 18 months and consequently they will be saddled with huge legal fees for the services of high profile lawyers that include King’s Counsels, attorneys and advocates.

Some of the prominent lawyers representing Lt-Gen Kamoli and other soldiers are King’s Counsels Zwelakhe Mda, Motiea Teele and Karabo Mohau. They have also been calling on the services of Attorney Qhalehang Letsika and Advocates Letuka Molati and Napo Mafaesa among others.

But they may be forced to turn to pro deo lawyers (supplied and paid for by the state) if their request to have the state assume responsibility for paying for the services of their preferred high profile lawyers is rejected.

Crown Counsel, Advocate Naki Nku, this week told the Lesotho Times that Lt-Gen Kamoli and others’ lawyers once again raised the issue of the state taking over their legal costs on Monday when they appeared before Zimbabwean judge Justice Charles Hungwe for the pre-trial conference on the 25 June 2015 murder of former army commander, Lt-Gen Maaparankoe Mahao.

Adv Nku said the lawyers pleaded with Justice Hungwe to ensure that their clients’ legal fees were incurred by the state because their trials would be costly.

“We however, counter-argued that that the state only incurs legal fees on behalf of the accused when the state has provided the lawyers,” Adv Nku said.

“The state provides lawyers for suspects who would have indicated their inability to pay their own fees from the start and not when suspects have already chosen their own lawyers and later say they cannot pay.”

Adv Nku said after hearing the arguments, Justice Hungwe reserved the matter to 21 August 2019 to allow for research on various jurisdictions to ascertain whether or not there were known cases of suspects seeking financial assistance from the state after having chosen their own lawyers to represent them.

When the issue of the state taking over the payment of Lt-Gen Kamoli and others’ legal costs was first brought before him two months ago, Justice Hungwe said the request was unusual. To the best of his knowledge, the judge remarked, the state only paid legal fees for suspects who had state-appointed lawyers. But in this case, Kamoli wanted the state to pay for his private lawyers.

“When one cannot afford a lawyer, he or she informs the registrar who will then provide legal representation under pro deo representation. The registrar will then choose a lawyer who the state will pay on the accused’s behalf,” Justice Hungwe said in June this year.

This week, Adv Nku explained that under the pro deo arrangement in Lesotho, the state paid lawyers M400 a day for representing suspects and prominent lawyers such as King’s Counsels, attorneys and advocates found this amount too little for their liking as they command much higher fees.

The Lesotho Times observed the suspects’ lawyers huddled together in a caucus meeting in the corridors of the High Court soon after their pre-trial conference with Justice Hungwe. This publication overhead some of them threatening to abandon the cases if the state did not assume responsibility for paying their fees.

In a subsequent interview with the Lesotho Times, Attorney Letsika said they would decide whether or not to continue representing Lt-Gen Kamoli and others after Justice Hungwe rules on their request on 21 August.

“We will have to wait for the matter to be heard on 21 August 2019. Only then we will be able to say whether we will continue representing our clients or not.

“It is true that pro deo lawyers are paid very low fees and we cannot be expected to leave our other jobs to focus on these trials for such (low) amounts,” Attorney Letsika said.

Another lawyer, Adv Napo Mafaesa, also told the Lesotho Times that their clients faced serious charges and the protracted legal battles attracted huge costs.

“Even the government has sought financial support from development partners for the payment of foreign judges. The trials will run for a long period and these people (suspects) need help,” Adv Mafaesa said.

Lt-Gen Kamoli retired from the army on 1 December 2016 under immense pressure from Lesotho’s regional and international development partners who demanded an end to the impunity and human rights abuses that occurred during his tenure at the helm of the Lesotho Defence Force (LDF).

He was subsequently arrested in September 2017 on murder and attempted murder charges which include the June 2015 assassination of former army commander, Lt-Gen Mahao.

At the time of his forced retirement, Lt-Gen Kamoli is said to have received a multi-million maloti golden handshake.

But he is now pleading poverty, apparently over his mounting legal woes.

The post Broke’ Kamoli’s lawyers threaten to dump him appeared first on Lesotho Times.

’Marafaele Mohloboli

FORMER Deputy Prime Minister Mothetjoa Metsing’s Lesotho Congress for Democracy (LCD) has been rocked by yet another high profile departure after prominent businessman, Bothata Mahlala, dumped the party for the rival Democratic Congress (DC).

Mr Mahlala is said to be one of the biggest funders of the LCD. He is the Managing Director of Big Bravo (Pty) Ltd- a company that was controversially awarded a M120 million tender to refurbish roads in Matala Phase 1 and Ha-Leqele in 2013. Big Bravo was awarded the tender allegedly at the instigation of Mr Metsing who was Local Government minister and Deputy Prime Minister in the tripartite coalition government led by current Prime Minister Thomas Thabane at the time. Mr Mahlala has always maintained that the awarding of the tender was above board and had nothing to do with his links to political heavyweights.

His departure is the second high profile resignation from the former ruling party after that of former Mining Minister Lebohang Thotanyana who left to join the ruling All Basotho Convention  (ABC) just over a month ago.

Just like Mr Thotanyana, Mr Mahlala cited the LCD’s failure to uphold its founding democratic principles as his reason for dumping the party. He also revealed his frustrations with Mr Metsing for blocking Mr Thotanyana from throwing his hat into the ring against former Defence and National Security minister Tšeliso Mokhosi in the battle for the LCD deputy leader’s post. He said Mr Metsing dissuaded from Mr Thotanyana from contesting the position in violation of democratic principles that provide for fair contest for any position.

His departure for the DC comes at a time when the two opposition parties, that have been strong allies in and outside government, are at loggerheads over various issues including the LCD’s overtures to ABC leader and Prime Minister Thomas Thabane for an alliance that should lead to the establishment of a government of national unity (GNU).

His departure could severely affect the LCD’s capacity to mobilise funds for its activities. Sources close to him say that each time there are elections, he mobilises at least M4 million to help the party with its campaigns.

Yesterday, Mr Mahlala told the Lesotho Times that he quit the LCD in protest over the party’s failure to hold long overdue national executive committee (NEC) elections in line with its founding democratic principles. The NEC elections were due in February 2019 and recently, Mr Metsing told this publication that they would be held in October this year.

“After a lengthy deliberation on this matter, I have decided to leave LCD,” Mr Mahlala said.

“The LCD has shifted from its ideology where it used to respect the decisions of its members. Ntate Metsing should be protecting the party’s constitution because as leader, he is its custodian. Instead he is violating the constitution.

“There was a time when Ntate Thotanyana wanted to contest the deputy leader’s position but he was called and dissuaded by Ntate Metsing who said the post was reserved for (the incumbent) Ntate Mokhosi and the latter should not be challenged. Mr Metsing then suggested that they would rather place Ntate Thotanyana in the post of secretary general or treasurer. This shocked me because Ntate Metsing has no business in determining who is elected to party posts.

“I have seen that the LCD will never grow. It has become stagnant and it had become too much for me to watch it go to waste.  Certain individuals are gaining from this. I have sweated blood over the years trying to contribute to the growth of that party especially during times of elections. But now that the party has shifted from its founding ideology, I am convinced that it shall never progress and therefore I am leaving.”

He said he had resolved to join the DC as it was a congress party “that still had life in it”.

“Of the many political parties registered with the Independent Electoral Commission (IEC), I chose the DC because it is a congress movement that still adheres to democratic principles.”

He however, said he still had respect for Mr Metsing.

“My decision to dump LCD has not be an easy one and it will leave them in limbo from which they will never recover as people in my Mount Moorosi constituency know my worth. They (LCD) will lose a lot of support and things will never be the same for them.

“I have nothing against Ntate Metsing as a person. However, I have a problem with the leadership of LCD and he (Mr Metsing) happens to be at its helm.”

Meanwhile, LCD spokesperson Teboho Sekata said he knew nothing about Mr Mahlala’s departure and he would “rather not comment on issues that did not exist”.

“I know nothing about what you are asking me and it would really be funny (that Mr Mahlala has dumped the LCD) because we have been in some meetings with him and he has never hinted at leaving. Since he has confirmed it with you, I suggest you ask my leader (Mr Metsing) about it and not me,” Mr Sekata said.

Mr Metsing’s rang unanswered yesterday when the Lesotho Times contacted him for comment.

The post Mahlala quits LCD in yet another high profile resignation appeared first on Lesotho Times.

’Marafaele Mohloboli

All Basotho Convention (ABC) leader and Prime Minister Thomas Thabane has condemned the recent brutal attack on his estranged party’s deputy spokesperson ’Matebatso Doti.

Dr Thabane also demanded retributive justice be meted out on the eight male assailants for the attack that has been described by Ms Doti and her faction of the ABC as a politically motivated “assassination attempt”. Ms Doti is part of the ABC faction backing the party’s deputy leader, Professor Nqosa Mahao, in his vicious battle with Dr Thabane for control of the party.

She was fired from her post as Social Development minister in February 2019 together with Law, Constitutional Affairs and Human Rights minister, Lebohang Hlaele. Although Dr Thabane did not give reasons for the move, it is widely believed that this was punishment for her siding with Prof Mahao in the ABC power struggle.

Ms Doti, who is also the ABC’s legislator for the Lithabaneng constituency, is lucky to be alive after being stabbed five times by eight unknown assailants in what she said was an assassination attempt at her Lithabaneng, Maseru, home in the early hours of Friday 26 July 2019.

The assailants told Ms Doti that they had been sent to kill her for siding with Prof Mahao in the ABC power struggle. They also robbed her of M4000 and two guns owned by her late husband who had retired from the army by the time of his death in 2017.

Two separate statements released by the government and the police on the day of the assault suggested that the attack on Ms Doti was purely a criminal act of assault, theft and robbery by criminals who made off with her valuables.

Dr Thabane broke his silence on the issue early this week at a rally in the Stadium Area in Maseru. He appeared to take the government and police line that the attack on Ms Doti was purely a criminal act by ordinary criminals.

He however, condemned the attack and demanded the retributive style of justice reminiscent of the eye-for-an-eye, tooth-for-a-tooth concept of the Biblical Old Testament.

The premier was magnanimous in his praise for his party rival, describing Ms Doti as a “respectable person”.

He called on the police to expedite investigations so that the culprits could be brought to book.

“Honorable Doti is an elderly and respectable person and this issue of her being disrespected by small boys should be dealt with. “And if any part of their bodies is the problem, then that part should be removed by using a knife,” Dr Thabane said without elaborating. A senior party official who spoke to this publication said the premier’s comments were “merely a figurative way of saying the assailants should be severely punished for their actions”.

Ms Doti has since left the Makoanyane Military Hospital in Maseru where she had been detained after the attack. She is now back at her Lithabaneng home. (See story on page 6).

Last week, she addressed ABC supporters who attended the Mahao faction’s Matsieng rally by telephone and spoke of her fervent wish for a quick recovery that would enable her to return to the cutthroat arena of the faction-ridden politics of the ABC.

She also demanded that her assailants be swiftly brought to justice for the brutal “assassination attempt” which almost ended her life.

Just like Dr Thabane, Prof Mahao described Ms Doti as “a gentle soul (with) a heart of gold”.

Prof Mahao said her attack “adds to a long list of ABC women whose lives have been threatened in the past six months since the election. Some have received threats over the phone”.

On his part, ABC secretary general, Lebohang Hlaele said whoever attacked Ms Doti and all other women were cowards for targeting the most vulnerable members of the society.

“When I had of ‘M’e’ Doti’s ordeal I prayed that God ends the lives of her attackers. I prayed that they burn in hell. I know that God has heard my prayers and he will eventually answer me,” Mr Hlaele said.

The post Thabane condemns attack on “respectable” Doti appeared first on Lesotho Times.

Mohalenyane Phakela

THE Court of Appeal has issued an interim interdict barring Prime Minister Thomas Thabane from suspending Court of Appeal president Kananelo Mosito pending the finalisation of the Law Society of Lesotho’s Constitutional Court application on the same case.

The appeal court issued the interim order after the Law Society approached to stop Dr Thabane from acting against Justice Mosito until the Constitutional Court has ruled on its application to stop the premier from ever suspending the apex court boss on the basis the premier’s 5 July 2019 “show cause” letter which he subsequently withdrew on 24 July.

Dr Thabane had written to Justice Mosito demanding that the latter “show cause” why he should not be why he should not be suspended and impeached for allegedly interfering with the administrative functions of Acting Chief Justice ’Maseforo Mahase.

This after Judge Mahase had written to Justice Mosito over differences that stem from ongoing litigation by the old and new ABC’s national executive committee (NEC) factions that are vying for control of the 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.

Dr Thabane eventually agreed last week to abandon his plans to suspend and impeach the top judge in an out of court settlement with the Professor Nqosa Mahao-led faction of the ABC. The Mahao faction had initially approached the apex court seeking an order barring Dr Thabane from suspending Justice Mosito.

Despite the endorsement of the out of court settlement by Court of Appeal judges, Petrus Damaseb (presiding judge), Moses Chinhengo and Tafuma Mtshiya, the Law Society pursued its own application or interim order interdicting Dr Thabane from suspending Justice Mosito.

And yesterday, the apex court granted the Law Society’s application. The judgement was prepared by Justice Mtshiya and read out by Justice Semapo Peete.

“It is ordered that pending the hearing of the constitutional case (against Dr Thabane and others), the first respondent (Dr Thabane) is interdicted from advising or recommending to His Majesty the King (Letsie III), the suspension of the president of the Court of Appeal, Dr Kananelo Mosito, pursuant to the first respondent’s letter dated 5 July 2019,” Justice Peete said yesterday.

Addressing the apex court on 26 July 2019, the Law Society’s lawyer, Advocate Monaheng Rasekoai, said despite the out of court settlement with the Mahao camp, there was nothing blocking Dr Thabane from writing Justice Mosito another letter based on similar contents therefore he (Dr Thabane) should be interdicted to ensure he does not do it in future.

However, the defendants’ lawyer, Advocate Ranale Thoahlane, argued that the withdrawal of the “show cause” letter rendered the Law Society’ s application irrelevant  as there was no longer any suspension being challenged.

“The suspension is no longer alive but academic because the (“show cause”) letter has been withdrawn and that was done through a court order which is binding. All issues that are being challenged through this application collapsed when the letter was withdrawn.

“The tribunal or inquiry into the suspension cannot be held without the letter therefore there will be no basis for an investigation of the Court of Appeal president. Withdrawing the letter automatically withdraws its contents,” Adv Thoahlane told the apex court.

While delivering the judgement yesterday, Justice Peete said the defendants’ argument lacked merit and was therefore dismissed.

“The respondents seem to be clutching at straws by throwing poorly formulated defences without any real consideration of the facts and this was indeed shown in their heads of arguments which were poorly drafted and hardly formulated a cohesive argument.

“The host of points of law raised by the respondents all fall away for lack of merit and are thus dismissed accordingly,” Justice Peete said on behalf of Justice Mtshiya.

The post Thabane barred from suspending Mosito appeared first on Lesotho Times.

’Marafaele Mohloboli

MIND games are normally associated with football teams in elite professional leagues attempting to psychologically unsettle each other and gain an advantage over their rivals ahead of an important match.

But the phenomenon appears to have gripped senior officials in the fractious All Basotho Convention (ABC) ahead of the anticipated re-opening of parliament (on 9 August 2019) and the no confidence vote that will determine whether ABC leader Thomas Thabane remains prime minister or not.

This follows this week’s revelations by two ABC legislators that they are having second thoughts about backing the ABC’s deputy leader Professor Nqosa Mahao in his fight against Dr Thabane who has fiercely resisted his (Prof Mahao’s) election to the party’s national executive committee (NEC).

Messrs Sello Mooki (Bobatsi constituency) and Khoboelo Mokoma (Mantšonyane) were among 21 ABC legislators who appended their signatures to the February 2019 petition calling on Dr Thabane to allow Prof Mahao and the rest of the NEC to be allowed into office.

The ABC’s legislators’ petition is widely seen as a clear demonstration of their support for Prof Mahao and it is believed that they will vote in favour of the no confidence motion against Dr Thabane filed in parliament two months ago by the party’s Koro-koro legislator, Motebang Koma.

While the majority of the legislators have said they remained resolutely behind Prof Mahao, Messrs Mooki and Mokoma are now singing a different tune.

Mr Mooki this week told the Lesotho Times that he had “nothing against Ntate Thabane” and he was “prepared to part ways with whoever disowns Thabane as leader of ABC”.

“I have always rallied behind Ntate Thabane as my leader and I have nothing against him at all. I would therefore part ways with whoever disowns Thabane as leader of ABC.

“However, I am against his decision of preventing the elected committee from assuming office,” Mr Mooki said.

Mr Mokoma, said he had become completely confused by the power struggle pitting Dr Thabane against Prof Mahao.

“I am in a dilemma. I’m in complete quandary. All I know is that I have no allegiance to the warring factions within the ABC. I am a member of the ABC and I won’t pick sides at all.

“If at all I am forced to choose, I am afraid I will go back home and focus on my personal business. I followed Ntate Thabane as a person and as leader of ABC but I think that his decision not to embrace the new committee is wrong. The fighting is just too much for me and my energy is depleted,” Mr Mokoma said.

The two legislators’ apparent about-turn comes against the background of the weekend statements by Dr Thabane who boasted that some ABC legislators who had been backing Prof Mahao had reconsidered their stance and assured him that they would not support any moves to bring down his government.

Addressing a weekend rally in the Stadium Area in Maseru, Dr Thabane thanked “all ABC MPs who have heard and heeded my call for reconciliation and efforts to stabilise our government”.  Dr Thabane even boasted that the legislators who had dumped Prof Mahao would attend his next rally whose date and venue are yet to be confirmed.

“They (ABC MPs) have assured me that they will not take part in toppling the government which they are a part of; a government they worked so hard to establish,” Dr Thabane said on Sunday.

A fortnight ago, ABC chairperson, Samuel Rapapa, who is one of Prof Mahao’s fiercest backers, 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.

Addressing ABC supporters in the ‘Makhoroana constituency, 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 however, did not reveal the name of the legislator who had abandoned them.

Mr Rapapa also 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.

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

Apart from Messrs Mooki and Mokoma, the other ABC legislators who signed the February 2019 petition in support of Prof Mahao and the rest of the new NEC are: Samuel Rapapa, Sentje Lebona, Mphosi Nkhasi, Nyapane Kaya, Selemo Mangobe, Nto Moakhi, Fako Moshoeshoe, Motebang Koma, Tello Kibane, Phamotse Molefi Oele, Libe Motšoane, Thabo Sophonea, Motlatsi Maqelepo, ‘Mamoipone Senauoane, ’Matebatso Doti, Lefu Hlomelang, Sotlehang Sekhamane, Mankoe Maime and Lebohang Hlaele.

While Messrs Mooki and Mokoma appear to have had a change of heart, other ABC legislators who spoke to the Lesotho Times this week, said they remained solidly behind Prof Mahao.

Mr Rapapa said he believed in democracy “and I remain unshaken in my stand that the elected NEC should assume office”.

He warned the nation against reading anything into Dr Thabane’s pronouncements especially on ABC issues.

“Whatever Ntate Thabane says is nothing to write home about. He is very inconsistent, unpredictable and should not be trusted. Today he says this and tomorrow he says something completely different. It’s sad because he doesn’t write his speeches so he doesn’t even know what he is saying,” Mr Rapapa said.

Mr Rapapa’s sentiments were echoed by another legislator, Mr Kibane who said he would not be swayed into joining Dr Thabane’s camp as he still maintained that the new NEC should be allowed into office.

“There are signs that some of us are now confused and don’t know which side to pick but I am not one of those confused ones. I know exactly what I want and I remain unshaken.

“Ntate Thabane has been fed false information that we will soon be attending his rallies but I will not be attending the rallies,” Mr Kibane said.

Thaba-Bosiu legislator, Thabo Sofonia, said he would continue supporting Prof Mahao because he believed in democracy and “therefore the committee which was elected in February 2019 has a right to be in office”.

“Attending the leader (Dr Thabane)’s rallies will be contrary to my principles and that would make me an untrustworthy person. I am not against Ntate Thabane as a person, but I am against his refusal to work with the elected committee,” Mr Sofonia said.

ABC spokesperson, Montoeli Masoetsa, said, “We shall not stop fighting for what is right just because one or two people have been enticed with promises of ministerial positions. We remain unshaken and the people’s wishes (for a new NEC) should be granted period”.

The post Mind games in ABC power struggle appeared first on Lesotho Times.

• as investors threaten to quit Lesotho over safety concerns
• spate of carjackings, armed robberies cited

Mohalenyane Phakela

AT least 12 000 jobs are on the line in the country’s textile industry with exasperated investors threatening to quit the country over the police’s repeated failure to address their safety concerns.

The 12 000 workers are employed at two of the leading textile companies in Maseru and the figure represents about 30 percent of the 40 000 people estimated to be employed by the entire textile industry in the country. However, the potential job losses could be much higher than that after fellow textile companies threatened to follow their colleagues out of the country if long-standing security concerns are not addressed to ensure their personal safety in the country.

In the latest incident pointing to the unstable security situation, senior executives at one of the leading companies are lucky to be alive after being shot at by unknown   gunmen in Maseru on Friday at about 6.30 pm on the stretch of road between the Pioneer Mall circle and the golf club.

In an interview with the Lesotho Times this week, the company executives, all of them of Asian origin, said they were ambushed and carjacked by the gunmen who forcibly drove them to automated teller machines (ATMs) in the industrial area  and withdrew money from their accounts.

They said this was not the first time they had been subjected to violent crimes and despite reporting the previous cases to the police, none of the perpetrators had been brought to book. They said the deteriorating security situation had forced them to weigh their options and despite their affinity for the country, built over more than two decades of investment, they were considering moving to more stable countries. Mauritius, Tanzania and Angola are being considered as alternatives. These countries are said to be cheaper and closer to the export markets with ports of their own as opposed to landlocked Lesotho. More importantly they offer better security against violent crimes such as shootings and armed robberies.

The investors said the only thing keeping them in Lesotho at a time of political uncertainty and escalating production costs were the relations they had established with workers and other industries in more than 20 years since they first set up shop. They said while they valued these relationships, this could not however, be at the expense of their safety.

Narrating their ordeal to the Lesotho Times on condition of anonymity this week, two factory executives said they were still traumatised by their Friday ordeal at the hands of two unknown gunmen.

“We closed for the day and left the factory in Thetsane just after 6pm and drove in the direction of the border to Ladybrand where we stay,” one of the executives told this publication.

“Somewhere between the Pioneer Mall traffic circle and the golf course, a small vehicle pulled up in front of us and blocked our way. Two men got out of the vehicle and one of them immediately opened fire on the passenger side of our vehicle where I was sitting. The bullets shattered the window and narrowly missed me.

“They got into our vehicle and asked my colleague who was driving to move to the back seat. One of them got into the driver’s seat and drove off in the direction of the industrial area while the other jumped in beside me in the passenger’s seat. The one sitting next to me hit me on the forehead with the butt of his pistol and demanded money.

“I gave them M500 which was in my wallet while my colleague gave them about M1500. The passenger gunman searched and took two bank cards from me and they drove to some ATMs where they demanded the passwords and withdrew money from my Lesotho bank account.

“Initially I gave them the wrong password but I had to change and give them the correct one after they threatened to kill me. After withdrawing about M6000 they gave me back the Lesotho and  South African bank cards. They also gave us back our mobile phones, drove to some place where they later gave us back our car and abandoned us.

“We were in a daze and when we used google maps, we discovered that we were somewhere near Moshoeshoe I Airport. We then drove back to the factory to contact our families and plot our next course of action. We only held discussions over the incident with the Thetsane police the next day. They had been informed about our ordeal by the Lesotho Textile Exporters Association (LTEA). One of the senior police officers told us to report the crime at the Maseru Central Police Station and that is something we will do this week.”

Yesterday, Police Spokesperson Superintendent Mpiti Mopeli said they still had not received a report of the alleged crime from the LTEA “which normally reports such crimes” to them. Supt Mopeli however, said the police were ready to assist the investors.

“We normally get complaints through the textile association or the Asian association against crime but to date we have not received any reports. However, the police stand ready to assist at all times,” Supt Mopeli said yesterday.

Meanwhile, the LTEA secretary, ‘Malikhabiso Tlalane Majara, was not reachable for comment with the association’s president, David Chen, saying she was out of the country. Mr Chen said he could not comment on the matter as Ms Majara was the only person mandated to do so.

Lesotho has developed into one of Africa’s largest exporters of textile products because of the competitive edge offered by African Growth and Opportunities Act (AGOA), first passed by the United States government in 2004.

AGOA allows a select group of African countries, including Lesotho, to export goods including textile products duty free into the US.

As a result, the textile industry has become the lifeblood of the economy with more than 40 000 people directly employed in the sector and thousands more employed in downstream industries.  Most of the investors are drawn from Asian countries such as China and Taiwan.

However, the safety concerns and in particular, Friday’s incident, threaten the long-term viability of the industry. Shaken investors are considering quitting the country if their safety is not guaranteed.

So serious is the issue that one of the company’s investors even flew into the country in the aftermath of the incident. The investor told this publication that they were a market leader in the textile industry with more than 26 years of experience in Lesotho as well as operations in countries such as Mexico, Bangladesh and Taiwan. He said their business spanned five companies in Lesotho with the first having been established in 1991.

He said despite the emergence of new, cheaper and stable alternative investment destinations such as Angola, Mozambique and Ethiopia which had previously been blighted by civil wars, they had stuck to their guns and committed to Lesotho because of the strong bond they share with workers, government and related industries. He said it was only now they were considering quitting the country because the safety of their senior management and entire staff could not be sacrificed for any other consideration.

“We are not only speaking for ourselves but for all the Asian investors who have been subjected to carjackings and robberies. Previously the robbers would only take our mobile phones and cash in hand but this time it was far more serious.

“There are new investment destinations that have sprung up in recent times including Mauritius, Tanzania, Angola Mozambique and Ethiopia. Most of these have their own ports and they are much closer to our source and export markets. The labour costs are cheaper and the turnaround time for production and delivery is much faster than it is in Lesotho. This means that it makes economic sense to move to such places.

“But we have been here for close to three decades and we are still here because of the good relations we have with Basotho and the government. We want to stay for as long as possible but we cannot do so when our safety can no longer be guaranteed. The criminals have never been apprehended in previous cases and we no longer feel safe.

“The government should do more to ensure a secure environment or else we will leave and other potential investors will also be scared of coming to Lesotho. We are not experts in crime control but we believe the police should have more patrols to ensure our safety.

“Our textile association has made temporary arrangements with the police to enhance our security by giving them (police) a vehicle to use for patrols. But the government and the police should do more to ensure our safety,” the investor said.

The post 12 000 textile jobs on the line appeared first on Lesotho Times.

• says Acting Chief Justice is incompetent, orders her off ABC case

Mohalenyane Phakela

THE Court of Appeal has barred Acting Chief Justice, ‘Maseforo Mahase, from presiding over All Basotho Convention (ABC) leader and Prime Minister Thomas Thabane’s High Court application seeking to interdict ABC deputy leader Professor Nqosa Mahao and others from holding a special conference to expel the premier from the party.

In a hard-hitting judgement delivered yesterday, the apex court bench comprising of Justices Moses Chinhengo, Tafuma Mtshiya (both from Zimbabwe) and Petrus Damaseb (Namibia), nullified the interim order that Justice Mahase issued on 5 July 2019 barring Prof Mahao and his allies from holding the special conference. They also ordered that Dr Thabane and ABC deputy secretary general Nkaku Kabi’s application against Prof Mahao and his allies be heard by any other High Court judge besides Justice Mahase. The appeal court judges said that Justice Mahase “lacked competency to proceed with the case that she first heard on 5 July 2019”.

On that day, the acting chief justice rejected Prof Mahao and his co-respondents’ application for her to recuse herself from the case. She proceeded to issue an interim interdict in Dr Thabane and Mr Kabi’s favour barring Prof Mahao and others from holding a special conference to expel the premier from the party.

Justice Mahase issued the interim order, effectively by default, after Prof Mahao and his allies’ 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 Prof Mahao and others’ election into the party’s new national executive committee (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. Last week the apex court judges vehemently slammed Justice Mahase while hearing the appeal.

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 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.

And the judges continued with their criticism of Justice Mahase in their verdict which was read out on their behalf by Justice Semapo Peete yesterday.

“The appeal against the recusal of the Acting Chief Justice from presiding over the matter is allowed and it is therefore ordered that the matter be placed before other judge (s) of the High Court for determination,” Justice Peete read on behalf of the appeal court judges who had already left the country.

“Once the issue of recusal is raised by a litigant, or the circumstances of the case require the judge to consider if he or she ought to preside in view of a potential disqualification perception of bias, that issue must be dealt with before any judicial decision in the matter can be taken.

“A judge who presides in a case when he or she should not have, renders the proceedings a nullity every minute he or she continues to sit. In those circumstances, Justice Mahase should have recused herself, now that she did not, the law is clear as to the effect of the refusal on the order that she granted.

“It stands to reason that she lacked competency to proceed with the case before her and accordingly the proceedings are a nullity and must be set aside.”

Prof Mahao and others had demanded Justice Mahase’s recusal fearing that she would display the same “questionable” behaviour and bias that she allegedly displayed during previous ABC cases brought before her.

“The applicants seek to appeal against the presiding judge (Justice Mahase) to recuse herself from the proceedings because the litigants are of the view that the judge’s partiality is compromised. I am of the view and entertaining a serious suspicion that there is a reasonable apprehension for bias on the part of the judge,” Prof Mahao stated in his appeal court papers.

Yesterday’s appeal court ruling was not the first barring Justice Mahase from an ABC case. In May this year, she was also ordered off an application that had been brought by three ABC legislators challenging Prof Mahao and others’ February 2019 election to the party’s national executive committee. The May 2019 order was issued after Prof Mahao and others appealed against Justice Mahase’s lengthy delays in hearing the case that had been brought against their election by ABC legislators, Habofanoe Lehana (Khafung constituency), Keketso Sello (Hlotse) and Mohapi Mohapinyane (Rothe).

The post Appeal Court savages Mahase again appeared first on Lesotho Times.

• Phoofolo’s legal opinion clears way for no confidence motion against PM

Mohalenyane Phakela

THE Nqosa Mahao-led faction of the All Basotho Convention (ABC) and their opposition allies have received a massive boost from the Attorney General, Advocate Haae Phoofolo, in their quest to topple ABC leader and Prime Minister Thomas Thabane. This after Adv Phoofolo issued a legal opinion saying they were within their rights to file a no confidence motion against the embattled premier who has only been at the helm of government for two years following the ABC’s victory in the 3 June 2017 snap elections.

The ABC’s Koro-koro legislator, Motebang Koma, filed the no confidence motion in parliament on 5 June 2019. The motion was immediately seconded by the Democratic Congress (DC)’s deputy leader Motlalentoa Letsosa.

Mr Koma proposed that the ABC’s Mosalemane constituency Member of Parliament (MP), Samuel Rapapa, takes over as caretaker prime minister presumably pending processes that would lead Prof Mahao to assume the reins of power.

The no confidence motion is the culmination of the protracted war of attrition between the newly elected national executive committee (NEC) of the ABC fronted by Prof Mahao and the old NEC which has steadfastly refused to vacate office. Prof Mahao is not a legislator and could therefore not be nominated to replace Dr Thabane despite his election as the latter’s deputy at the party’s contentious February 2019 elective conference.

Much to the chagrin of the pro-Mahao legislators and their opposition allies, parliament was indefinitely adjourned in June this year, without a vote on the motion. This after the Speaker of the National Assembly, Sephiri Motanyane, ruled that the motion did not meet “procedural and constitutional requirements” for it to be accepted. He said the motion ought to have been filed by the opposition and not by Mr Koma, an ABC legislator. He also said the motion was flawed in that it proposed ABC MP Mr Rapapa as the caretaker prime minister instead of an opposition leader.

“In terms of parliamentary procedure, it is the opposition that files a motion expressing lack of confidence in the government.

“I am not being naughty in saying that Ntate Koma, the proposer of the motion, is part of the government. Even the nominee for the caretaker prime minister’s post, Honourable Rapapa is part of the government. I have not seen that in my long years in parliament,” Mr Motanyane said in June in remarks that have now been trashed by Adv Phoofolo.

The speaker had told the national assembly that he would seek Adv Phoofolo’s legal opinion before ruling on the admissibility of the motion.

And in the latest turn of events, Adv Phoofolo has given the motion the thumbs up. Last night Mr Motanyane acknowledged receiving Adv Phoofolo’s legal opinion on the issue and said Mr Koma was free to proceed with his motion if he so wished.

“It is necessary to seek the Attorney General’s legal advice whenever there are disagreements concerning the interpretation of the law and we have received his (Adv Phoofolo’s) advice regarding the looming motion of no confidence against the government.

“I had a problem with the manner in which the motion was filed but now that Adv Phoofolo has given his opinion, the owners of the motion can proceed if they so wish. They are within their rights to do so,” Mr Motanyane said.

In the opinion prepared for Mr Motanyane this week, Adv Phoofolo said denying any legislator the right to file a motion against the executive was “undemocratic and inimical to the right to participate in the public affairs of the country and the function of parliament to exercise control over the executive”.

“I have been requested by the office of the clerk of the national assembly to give an opinion on the tabling of a no confidence motion in the government by the member of parliament for Koro-koro constituency (Mr Koma) and the speaker (Mr Motanyane)’s reaction to that motion.

“The two questions I have been asked to answer are whether a member (of parliament) who is not in opposition can put forward a motion of no confidence in the government and whether a person who is not a leader of a political party can be appointed as prime minister on a motion of no confidence in the government.

“It is my considered view that both questions should be answered in the affirmative. A member of parliament who is not in opposition can put forward a motion of no confidence in the government.

“To contend otherwise is inconsistent with the idea that a member of parliament should always be guided by his conscience and the best interests of his constituents. It is undemocratic and inimical to the right to participate in the public affairs of the country as enshrined in Section 20 of the constitution and the function of parliament to exercise control over the executive,” Adv Phoofolo states in the opinion dated 6 August 2019.

He said Mr Motanyane’s rejection of Mr Koma’s motion stemmed from a literal interpretation of Section 87 (2) of the national constitution which states that “the King shall appoint as prime minister, the member of the national assembly who appears to the Council of State to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the national assembly”.

Adv Phoofolo said a literal interpretation of the constitution was wrong as it ignored the textual and historical context of the phrase “a leader of a political party or coalition of political parties”. He said the adherence to a literal interpretation “can give rise to the absurdity that a sitting prime minister may be immune from removal from office if none of the other members of parliament is a leader of a political party”.

Adv Phoofolo also said parliament was empowered by the constitution to establish and remove governments.  In line with that, anyone who was appointed prime minister may be removed from office if a no confidence motion against his or her government is moved in the National Assembly.

He said although Section 87(4) provided for the removal of a prime minister, it did not however say who should propose a motion of no confidence.

“Section 87(4) provides for the removal of the Prime Minister if he or she fails to resign from office or advise a dissolution of parliament within three days of the passing of a resolution of no confidence in government. Section 87(8) of the Constitution, 1993, requires a motion of no confidence to be accompanied by the name of a member of the National Assembly who is proposed for appointment in the place of the Prime Minister in office, otherwise, the motion becomes defective.

“Both sections 87(4) and 87(8) clearly envisage the passing of a motion of no confidence in the government but the precise manner of doing so are not provided for and it is to the Standing Orders of the National Assembly that we have to look for an answer as to who may propose a motion of no confidence. Standing Order 111 provides that ‘a member may move a motion… that this house has no confidence in the government of Lesotho’.

“If the motion of no confidence was intended to be proposed only by members of the opposition in the national assembly, it would have been easy to make a provision to that effect either in the constitution itself or in the parliamentary standing orders and there is nothing in Standing Order 111 to suggest that…

“In my opinion, a member of the government back benches may propose a motion of no confidence in the government and any member of the national assembly may be proposed to assume the office of prime minster even if he or she does not hold a position of leadership of a political party. Honourable Koma’s motion of no confidence is therefore constitutionally valid in all respects,” Adv Phoofolo states.

Adv Phoofolo’s opinion clears the way for the motion to be tabled and subsequently voted upon when parliament re-opens on Friday. Although the primary reason for re-opening parliament is to enable the tabling of the National Reforms Authority Bill to establish an independent body to oversee the implementation of the multi-sector reforms, the pro-Mahao ABC faction and opposition leaders had vowed to ensure the no confidence motion is tabled and brought to vote.

ABC spokesperson ‘Montoeli Masoetsa said the ABC legislators would meet today to map the way forward.

“The ABC MPs will meet tomorrow (today) and decide whether or not to continue with the motion of no confidence,” Mr Masoetsa said, adding the ideal scenario would have been one where they were able to find an amicable solution with Dr Thabane.

However, such a solution has remained elusive as meetings between the two factions have not bore any fruit.  At one of his rallies, Prof Mahao had hinted that if there was no progress in talks to break the impasse between the two factions then his faction would “collapse this thing (the coalition government)”.

If the no confidence vote is tabled, it will essentially become a numbers game.

About 20 ABC MPs are backing Prof Mahao though two – Messrs Sello Mooki and Khoboelo Mokoma, this week said they are not in support of ousting Dr Thabane.  However if the remaining 18 and the rest of the opposition vote in favour of the no confidence motion, then it will succeed with 68 votes in the 120 member parliament.

Mr Rapapa, the new NEC chairman, recently accused Dr Thabane of resorting to divide and rule tactics by allegedly offering inducements to get those MPs backing Prof Mahao to dump him and get back into Dr Thabane’s own fold.

Dr Thabane said at the weekend some MPs backing Pro Mahao had reconsidered their stance and told him they would not oust him. The premier said the MPs had heeded his call for reconciliation, implying that they had not been bribed to change positions.

The post Thabane can be ousted: Attorney General appeared first on Lesotho Times.

Moorosi Tsiane

LDF goalminder Likano Mphuthi has been recalled into the senior national soccer team which is preparing for the World Cup qualifier against Ethiopia next month.

Mphuthi has been out of action since early this year after suffering a knee injury.

He last played for Likuena last October during the AFCON qualifiers against Uganda at Setsoto Stadium.

However, he was this week named among the players who will face Ethiopia next month.

Interim coach Leslie Notši has not made serious changes to the team that recently beat Bafana Bafana in the CHAN qualifiers as only Linare winger Rethabile Sethuntsa and Matlama goalkeeper Monaheng Ramalefane are only players left out of the team.

Other players who are back in the set up are strikers Nkoto Masoabi, Motebang Sera, midfielders Tumelo Khutlang and Tshwarelo Bereng who were all ineligible for CHAN since they are based outside the country.

Notši told the Lesotho Times yesterday that the LDF goalkeeper is in a good condition.

“I have been talking to his coaches and they confirmed that he is in a good shape and as we speak, he is in Zimbabwe with his club for a friendly,” Notši said.

“He has massive experience and has been our number one before the injury, so we need him.”

He said the reason for which they didn’t make wholesale changes on the team was that they intend to maintain continuity.

“It is more about continuity. We have seen the light with the current squad, so we don’t want to make unnecessary changes that will destabilise us in the end.

“The new faces would be players who are based in our foreign based players whom I believe will add value to the team since we want to assemble a formidable side,” he said.

Commenting on their opponents, Notši said Ethiopia was a good side but said they would focus on their strengths.

“They are a good side but lately haven’t been consistent.

“However, we cannot focus on that; we just need to work on our strengths and build from there. We also identified our shortfalls in the past two matches, so we will be working hard to rectify them in preparation for the game against Ethiopia,” Notši said.

The post Mphuthi returns to Likuena appeared first on Lesotho Times.

Moorosi Tsiane

HIGH-Altitude Summer Marathon reigning champion Teboho Noosi clocked 2:37:09 to finish ninth at the Sierre-Zinal Mountain trial run in Switzerland on Sunday.

The Sierre-Zinal is one of the oldest, most prestigious and most competitive mountain races in Europe.

It always brings a competitive field of runners from worldwide. It is part of the Golden Trail World Series and the World Mountain Running World Cup.

Noosi, who was running under the First National Bank banner and running his debut trail, said he was impressed with his performance as he managed to finish in the gold category of the prestigious event.

He said although the race was tough, he could still have done better had he prepared well.

“The competition was really stiff because the race had athletes from different parts of the world and I am proud of my performance,” Noosi said.

“The course was very challenging and I think I did well. I also think I specifically needed to train for such a race.”

On his part, Lesotho Amateur Athletics Association (LAAA) spokesperson Sejanamane Maphathe said Noosi did well considering that this was his debut participation at the stage.

“He did well for himself. I think he was the first Mosotho to compete in that competition and his performance showed that if he had prepared well, then he would have done even better.

“However, there are lot of positives which I think he can build on from the race.

“It is good that now we see more Basotho athletes taking part in international competitions especially in Europe. We need to see them in even bigger numbers so that they can improve their chances to win,” Maphathe said.

The post Noosi impresses in Switzerland appeared first on Lesotho Times.

Moorosi Tsiane

THE Lesotho Football Association (LeFA) is holding a five-day FIFA elite referees’ course in Maseru in preparation for the new Econet Premier League season which starts next month.

The course, which has 30 officials from both the A Division and premier league, started on Monday and is expected to end tomorrow.

LeFA’s head of refereeing Mohau Sentso told the Lesotho Times that the course is meant to sharpen the local referees.

“This course forms part of the training series that we normally hold for our officials before our leagues start,” Sentso said.

The course is being facilitated by the duo of Felix Tangawarima (technical instructor) from Zimbabwe and Italian physical instructor Giuseppe Galvano.

“We normally start with courses that are facilitated by our local instructors and finish off with those conducted by foreign experts,” Sentso said.

“This training is for both A Division and premier league referees and the reason for which we convene them just before the commencement of the season is that we want the participants to be ready by the time the leagues kick-off.”

He said the trainings are necessitated by their need to eliminate mistakes by officials in matches.

“This is the right time for courses like this one because the leagues commence when the official would still; be fresh. That helps us minimise the mistakes made by officials during matches,” he said.

In June this year, LeFA also conducted another course that was facilitated by Rethusitsoe Lebaka and Moeti Mpopo. The June edition also trained the officials on the latest FIFA laws.

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Moorosi Tsiane

OUTSPOKEN Golden Arrows coach Steve Komphela has heaped praises on Bantu for its efforts to improve local football.

The former Kaizer Chiefs and Bloemfontein Celtic coach said this during Bantu’s ninth annual gala dinner in Maseru on Saturday.

The event was attended by among others Sports Minister Mahali Phamotse, Labour minister Keketso Rantšo and Minister of Finance Moeketsi Majoro among others.

Komphela said platforms like the dinner afforded the team’s leaders to prove the value of their brand to potential sponsors.

“I commend Bantu for coming up with such a great idea because for me, this is very beautiful coming from a growing team,” Komphela said.

“This kind of platform gives those in power and potential investors a taste of the value they can add to sport and an idea of how best they can help. I am thankful to companies that bought tables in support of this initiative.”

He said Lesotho needs to keep developing football and looking at how to export it as it can add great value to the country’s economy.

“As a country, you have to find ways to develop this product (football) and export it.

“Countries like Brazil are making a lot of money from football as their players’ earnings have a bearing on the country’s gross domestic product (GDP). England is also making a lot of money through football so we need to see the same for Lesotho.

“Basotho need to increase their numbers in the South African premier league as that will also benefit the country.”

He said just like education football can play a major role in improving the country’s economy.

“We need to improve the quality and if you persist then you will achieve it. I equate sport to education in that it can also make money and helps in building youth leaders in character, respect and honesty,” Komphela said.

Komphela said the players should use sport to change people’s perceptions and develop people’s lives.

“Use sport to change society and make statements that will elevate people. Don’t undermine yourself because you have the potential to do this. Let us strive for greater heights.

“Ntate Leuta (Bantu president John Leuta) talked about the Bantu village and I like that idea; never give up on it. It might sound like it’s a far-fetched dream for now but some people see a seed as a seed while others see a seed as a forest. Sometimes when they don’t believe in it, they will say, “it cannot happen but dont get discouraged”. There will be a time when investors will take pride in Lesotho football and we just need to go beyond mental understanding,” Komphela said.

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