Pascalinah Kabi
THE national executive committee (NEC) of the ruling All Basotho Convention (ABC) has rejected its leader and Prime Minister Thomas Thabane’s demand for immunity from prosecution as a precondition for relinquishing power.
ABC spokesperson Montoeli Masoetsa yesterday told the Lesotho Times that the NEC discussed the matter last week and resolved not to support Mr Thabane’s demands. Mr Masoetsa said agreeing to Mr Thabane’s demands would set a dangerous precedent wherein every politician and other high-profile people like opposition leaders Mothetjoa Metsing and Selibe Mochoboroane as well as former army commander, Tlali Kamoli, would also demand immunity.
Authoritative ABC sources told this publication that the NEC’s decision was however, not without its problems as some members sharply differed with their colleagues and insisted that Mr Thabane should be granted immunity.
The sources said that ABC secretary general Lebohang Hlaele, a fierce critic of Mr Thabane, joined self-confessed Thabane loyalist, ABC deputy chairperson Chalane Phori, and women’s league president ‘Maleleka Lehohla in demanding that the premier be given the immunity he requested during last week’s talks over his departure with South African special envoy to Lesotho, Jeff Radebe.
It is said the trio argued that granting the premier immunity would facilitate the latter’s immediate departure after he recently told Mr Radebe that he was only prepared to retire if he was guaranteed immunity from prosecution for the 14 June 2017 murder of his ex-wife, Lipolelo Thabane and the attempted murder of her friend, Thato Sibolla.
But the other seven NEC members stood their ground and insisted that Mr Thabane must face the music.
First Lady ‘Maesaiah Thabane has already been charged with the murder of Lipolelo and the attempted murder of Ms Sibolla who sustained injuries in the shooting incident which claimed Lipolelo’s life. She is currently out on M1000 bail. Mr Thabane has a pending Constitutional Court application to stop the courts from charging him while he remains in office. He is on record saying he wants to step down at the end of July 2020.
Even if he were to win his court case, this would not save him from prosecution after he leaves office. In the aftermath of Mr Thabane’s 18 April 2020 deployment of heavily armed soldiers to the streets of Maseru to deal with rivals, South African President Cyril Ramaphosa dispatched Mr Radebe to diffuse the crisis. Mr Radebe met Mr Thabane, political parties and civic groups including churches. On Monday 21 April 2020, he issued a communique stating that all stakeholders had agreed that parliament should immediately begin processes to ensure that Mr Thabane is allowed to retire with “dignity, grace and security”.
It has since emerged that the “security” component included Mr Thabane’s demands for immunity from prosecution after his retirement.
Zimbabwean Foreign Affairs Minister Sibusiso Moyo last Wednesday told the Zimbabwean media that Mr Thabane had told Mr Radebe that he wanted immunity before agreeing to go.
This week ABC sources said the premier wants the immunity for both himself and his wife.
The sources said the immunity issue split the ABC’s NEC into two camps with Messrs Hlaele and Phori and Ms Lehohla saying Mr Thabane and his wife must be spared prosecution.
“Anyone who knows Phori and Maleleka would not be surprised with their stand,” a source said.
“They wanted immunity for Ntate Thabane. What was surprising was Hlaele’s support for that move. The trio argued that accepting the prime minister’s demands for immunity would go a long way in ensuring that the NEC’s demands for him to step down without further delay are met. They even argued that refusal to grant his wishes would see him stay on until 2022 when his term expires.
“But the majority of us NEC members rejected this. We cannot protect him (Mr Thabane) from prosecution. It will dent our image as a party,” the source said.
Contacted for comment yesterday, Mr Hlaele claimed that the ABC’s NEC had not discussed the matter.
Asked about his views on Mr Thabane’s request for immunity, Mr Hlaele said every Mosotho should be treated equally before the law.
“My position has always been that all of us are equal before the law. There is no Mosotho who is above the law. That is my position,” Mr Hlaele said.
However, the party sources insisted that the issue of Mr Thabane’s demands for immunity had been discussed and rejected by the NEC and that Mr Hlaele had indeed sided with Mr Phori and Ms Lehloka over the issue. Mr Phori and Ms Lehloka were not reachable on their mobile phones for comment yesterday.
ABC spokesperson Masoetsa yesterday confirmed the NEC discussed the matter and agreed that the party should not support Mr Thabane’s demands for immunity.
“Yes, we discussed the matter in the NEC and our position is that we don’t agree with the notion that some people should not be prosecuted on the basis of their status. Every suspect must face the wrath of the law,” Mr Masoetsa said.
He said acceding to Mr Thabane’s demands would also set a bad precedent for the country wherein other high-profile suspects like opposition leaders Mothetjoa Metsing (Lesotho Congress for Democracy) and Selibe Mochoboroane (Movement for Economic Change) as well as Lieutenant General Tlali Kamoli would also demand immunity.
Messrs Metsing, Mochoboroane and Lt-Gen Kamoli are facing treason charges stemming from the 30 August 2014 attempted coup against the first government of Mr Thabane.
“Giving in to his (Thabane) demands would mean we have no respect for the rule of the law and that is not the case. We would be setting a bad precedent. Metsing, Mochoboroane, Kamoli and all other suspects will demand the same.”
He said the ABC was eagerly awaiting the outcome of a SADC meeting to discuss Mr Thabane’s fate. The meeting is slated for this for this week via video teleconferencing.
Mr Masoetsa said the ABC was eager to see the premier depart without further delay because “Thabane has failed this country”.
“Our main focus is the performance of the government. We are not in a position to nurse Thabane. He must just leave now. We are eagerly awaiting the outcomes of the SADC meeting.”
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