Tefo Tefo

Five army officers who shot and nearly killed Lesotho Times Editor, Lloyd Mutungamiri, in a volley of bullets in July 2016 have failed in their bid for freedom after Maseru Resident Magistrate, Polo Banyane, ruled that they must now stand trial before a senior resident magistrate.

The five are charged with attempted murder.

Brigadier Rapele Mphaki (47), Khutlang Mochesane (57), Mahanyane Phusumane (37), Nyatso Tšoeunyane (41) and Maribe Nathane (35) conspired to shot Mr Mutungamiri at his Upper Thamae home in the late hours of 9 July 2016. It is understood that they confessed to committing the dastardly act during their interrogations by the police but argued that as soldiers – they were merely carrying orders from their superiors.

The burly and athletic suspects were back in a packed courtroom yesterday. All the five sat largely expressionless as their lawyer tried to bid for their freedom with only one managing a wry smile at the end of proceedings.

The suspects first appeared before the Magistrate’s Court in December 2017 and yesterday their lawyer, Advocate Letuka Molati, attempted to argue for their release from detention in terms of the Speedy Trial Act which provides that an accused person should not be kept in detention for more than 60 days before their trial date is set.

However, his efforts came to naught after Senior Crown Counsel, Lehlohonolo Phooko, told the court that police investigations into the matter were now complete and the case was ready to be set for hearing.

He added that “the directive from the Director of Public Prosecutions (DPP) stipulates that the trial should be presided over by a senior resident magistrate”.

Ms Banyane then postponed the case to next Wednesday for trial by a yet to be appointed senior resident magistrate.

She said the defence and prosecution could then advance “whatever arguments before the judicial officer who will be seized with the matter”.

Advocate Molati immediately told the court that he and his clients were only hearing it for the first time that the case was ready to be set down for hearing.

“We haven’t seen the directive and we don’t have a docket in our possession. We are not aware that the case is ready to be set down for hearing.

“If at all the position is that the matter is ready to be set down for hearing then I would argue that it would not be proper to do so when we haven’t seen the docket.

“Every accused person has a right be given the docket for him to prepare his defence,” Advocate Molati said.

His arguments were however, not enough to sway Magistrate Banyane who had already made her ruling.

Asked by Ms Banyane if he would press ahead and argue for the release of his clients in terms of the Speedy Trial Act during next Wednesday’s appearance before the senior resident magistrate, Advocate Molati said, “We will cross that bridge when we come to it”.

The five army officers were then remanded in custody until their next court appearance next Wednesday.

One of the accused, Brigadier Mphaki, faces a separate murder charge along with seven other seven army officers for the deaths of three Maseru men in May 2017.

Brigadier Mphaki is charged alongside Sergeant Lekhooa Moepi (43), Captain Mahlehle Moeletsi (50), Lance Corporal Mahlomola Makhoali (32); Private Nthatakane Motanyane (24), Motšoane Machai (39), Liphapang Sefako (48) and Nemase Faso (28).

The soldiers allegedly strangled Lekhoele Noko, Molise Pakela and Khothatso Makibinyane at Setibing in rural Maseru on 16 May 2017 and dumped their bodies in the Mohale Dam.

The deceased trio had just been released from custody after being initially implicated in the killing of an army officer and a street vendor at Maseru Border Post in May last year.

Subsequent police investigations revealed that they were not linked to the killings.

However, the soldiers decided to take the law into their own hands and allegedly kidnapped them before strangling them.

Pascalinah Kabi

AN African Union Technical Assessment Mission has hailed the efforts of the two-month old Southern African Development Community (SADC) Standby Force in the restoration of peace and stability to Lesotho.

The five-man AU Mission led by Mr Simon Baza was recently in the country from 5 to 9 February to assess the progress made by the SADC Standby Force, also known as the SADC Preventive Mission in Lesotho (SAPMIL), since it was officially unveiled in Lesotho on 2 December 2017.

The AU mission visited Lesotho for the fact-finding mission after being tasked to do so by the 748th meeting of the Peace and Security Council of the African Union in Addis Ababa, Ethiopia on 24 January.

The deployment of the standby force– made of 207 soldiers, 15 intelligence personnel, 24 police officers and 12 civilian experts- was endorsed by SADC leaders to assist the Lesotho Defence Force (LDF) in managing the security crisis in the country in the aftermath of the 5 September, 2017 assassination of army commander, Lieutenant General Khoantle Motšomotšo by his subordinates, Brigadier Bulane Sechele and Colonel Tefo Hashatsi.

According to SADC, one of the main objectives of the SADC deployment is to “assist in isolating renegade elements within the Lesotho Defence Force (LDF)”.

The standby force will also support Lesotho in retraining its army personnel, especially in the area of civil-military relations while working towards security sector and other institutional reforms.

In the aftermath of its recent fact-finding mission in Lesotho, the AU commended the SADC Force for “discharging its mandate in a professional manner”, adding that there was a “general consensus among stakeholders that the force’s deployment to Lesotho had contributed to relative calm and acted as a deterrent” to rogue elements who could foment chaos and instability.

“The security situation in Lesotho has been relatively calm and there is an improved working relation between and among the various security agencies,” the AU Mission noted in its report.

The report will be tabled for adoption at the next sitting of the AU’s Peace and Security Council (PSC) later this month in Ethiopia.

The government was also singled out for the support it had rendered to the SADC force and it was further urged to ensure that the current momentum towards the implementation of the reforms is maintained in order to bring lasting peace and stability to Lesotho.

Lesotho has committed itself to the implementation of constitutional, security sector, public service, media and governance reforms in line with the recommendations of the regional body.

It is hoped that the reforms will bring the peace and stability which will lay the foundation for sustainable socio-economic development.

During its tour of duty, the mission held consultations with various stakeholders namely, the leadership of the SADC Standby Force, government officials, opposition parties, civil and non-government organisations, the Christian Council of Lesotho and the Law Society of Lesotho.

The mission also carried out field visits to areas where the SADC forces are deployed.

The mission further appealed to AU member states, the United Nations and development partners to offer technical and financial support to the SAPMIL to enable it to meet its budget shortfall of US$1, 6 million (approximately M20 million).

“It was observed that there is an urgent need for the AU and other partners to provide technical and financial assistance to enable the SAPMIL to effectively discharge its mandate.

“The Mission assured the SADC Secretariat of the AU’s readiness to support the SAPMIL and that the support to the Kingdom of Lesotho is based on the ideals of the AU Agenda 2063 that has an overall aspiration of “Silencing the Guns by 2020,” the mission noted in its report.

Pascalinah Kabi

A SOMBRE atmosphere gripped Ratjomose Barracks when government officials, army officers, clergymen, the media and other stakeholders converged for a cleansing ceremony in the wake of last September’s assassination of former commander, Lieutenant General, Khoantle Motšomotšo.

Army commander, Lt-Gen Mojalefa Letsoela, Retired Major General Lineo Poopa, Defence and National Security Minister, Sentje Lebona were among those who witnessed the emotional ceremony that was conducted by Archbishop Tlali Lerotholi OMI and other clergymen.

The ceremony was conducted ahead of tomorrow’s official handover of the reins of command to Lt-Gen Letsoela who was appointed army commander on 23 January 2018.

Archbishop Tlali Lerotholi OMI leads an emotional cleaning ceremony at the Ratjomose Barracks

Those present were treated to emotional accounts of the 5 September 2017 events when army officers, Brigadier Bulane Sechele and Colonel Tefo Hashatsi stormed Lt-Gen Motšomotšo’s offices, interrupting his meeting with Lesotho Defence Force (LDF) Public Relations Officer, Lt-Col, Mashili Mashili before gunning down the army commander in cold blood.

“Lt-Gen Motšomotšo was sitting there while Lt Colonel Mashili sat on that other chair,” Brigadier Khomo Mohobo recalled while pointing to the slain army chief’s office chair.

“Brigadier Sechele stood there (pointing to the right corner of Lt-Gen’s desk) when he uttered the words, ‘Motšomotšo u oa re rekisa’ asking why the army commander had decided to sell them out.”

This was in reference to the fact that Lt-Gen Motšomotšo had agreed to the investigation of Brigadier Sechele and Col Hashatsi and other army officers implicated in crimes that furthered instability during the tenure of former army commander, Lt-Gen Tlali Kamoli.

Lt-Gen Kamoli is currently in remand prison awaiting trial for murder and attempted murder.

“The commander (Lt-Gen Motšomotšo) told them to go outside and wait for him to call them and that is when Brigadier Sechele pulled out a gun and shot him. He died while still on his chair.”

Soon after Brig Mohobo’s narration, Archbishop Lerotholi and clergymen stretched their hands in the direction of the spot where Lt-Gen Motšomotšo was killed and prayed to God to cleanse the barracks off the blood spilled on 5 September 2017. The archbishop also sprinkled holy water on the spot as a sign that the place had been cleansed.

They repeated the same ritual in the direction of the spots where Brig Sechele met in his untimely demise at the hands of Lt-Gen Motšomotšo’s bodyguards.

Brig Mohobo said Sechele died on the door leading out of the office block.  He said Col Hashatsi was found lying down few meters away from the command office block’s entrance and he had hand grenades. Col Hashatsi later died in hospital after also being shot by Lt-Gen Motšomotšo’s bodyguards.

Archbishop Lerotholi and the other clergymen then laid hands on Lt-Gen Letsoela, his deputies and 10 army officers who working directly with Lt-Gen Motšomotšo.

Rtd Major Gen Lineo Poopa, who acted as commander after Lt-Gen Motšomotšo’s assassination until Lt-Gen Letsoela’s appointment on 23 January this year, also narrated his experiences on the fateful day of Lt-Gen Motšomotšo’s assassination.

“I was the first to enter his office, followed by Brigadier Mohobo. I found the commander on his seat, dead and the events of that day are etched on my mind. I can’t shake them off.

“Immediately after informing government of what had happened, I addressed a parade here and I didn’t know what I was saying. I am told I repeatedly said “the commander has been shot and he is dead on his chair.”

For his part, Lt-Gen Letsoela vowed to restore the good image of the army.

He said Lesotho’s security forces comprising of the LDF, the Lesotho Mounted Police Service, the National Security Service and Lesotho Correctional Service should closely work together for the betterment of the country.

He also called on the army to desist from involving themselves in criminal activities. He also said the soldiers were not above the law and they would be punished for engaging in violence, murders and other criminal acts.

“Just because we are holding guns and are able to shoot doesn’t make us better people than others. We must pray to God to be the centre of our command and help us achieve what is expected of us,” Lt-Gen Letsoela said.

“If we as soldiers that don’t live by the oath we have taken, Police Commissioner, Holomo Molibeli, and his officers will investigate and prosecute us. I will not stand in their way,” Lt-Gen Letsoela said, adding that no one except King Letsie III was above the law.

Speaking at the same event, Defence and National Security Principal Secretary, Rtd Col Mothae, expressed optimism that the cleansing ceremony would usher in a new era for the army which was peaceful and free of bloodshed.

“We don’t want the repeat of the bloodshed and I plead with everyone to take this cleansing ceremony as a fresh start and self-introspect. Your loyalties must always lie with the LDF command and the country, not anyone else,” Rtd Col Mothae said.

Minister Lebona echoed Rtd Col Mothae’s sentiments, saying the ritual represented a fresh start for the LDF as “the evil spirit will never be seen or experienced in this place again”.

Mr Lebona pleaded with the soldiers not to involve themselves in party politics.

“It is better for you to retire from the army with a clean record than to involve yourselves in party politics. Stop taking politically motivated orders as you will be left to deal with the consequences by yourselves,” Mr Lebona said.

He also urged Lt-Gen Letsoela to consider erecting a statue in honour of Lt-Gen Motšomotšo, saying this would remind soldiers to be loyal to their commander.

Tefo Tefo

LESOTHO Revenue Authority (LRA) Commissioner-General, Thabo Khasipe, was this week handed a massive boost in his quest to clear his name of tax evasion charges after the Constitutional Court ruled that the Director of Public Prosecutions (DPP) did not have the powers to charge him for violating tax laws.

Mr Khasipe was appointed to the top LRA job in December 2016 but he was suspended shortly thereafter on 6 February 2017, over misconduct charges in connection with his tax affairs.

He subsequently appeared before the Magistrates’ Court in Maseru on 10 February 2017 to face eight counts of failing to file tax returns to the LRA from the fiscal year 2006/2007 to 2012/13.

It was during that court appearance that his lawyer, King’s Counsel (KC) Motiea Teele, objected to his case being placed on remand, saying he intended to file a constitutional case before the High Court challenging the charges levelled against him.

KC Teele duly filed the application before the Constitutional Court to determine whether or not the DPP had powers to charge him, arguing that the LRA was the only body vested with powers to institute criminal charges on charges arising from the violation of income tax laws.

And on Tuesday, the Constitutional Court, which was composed of Chief Justice Nthomeng Majara, and Justices Sakoane Peter Sakoane and Keketso Moahloli, ruled in Mr Khasipe’s favour.

The three judges ruled that the DPP could only institute criminal proceedings on charges initiated by the police.

“The DPP’s power to institute criminal proceedings…cannot be invoked in respect of proceedings under the enforcement powers of the Lesotho Revenue Authority.

“The answer on the issues which are the subject matter of this referral is that the DPP cannot prefer the charges in the counts on the charge sheet.”

The judgement comes as a relief to Mr Khasipe as the case led to his suspension only two months after his appointment in December 2016.

THE new board of the LRA which was appointed in November 2017, moved to reinstate him to his position in December last year pending the outcome of his constitutional application.

LRA board chairperson, Robert Likhang, said at the time they had arrived at the decision to reinstate Mr Khasipe on the basis that he remained innocent until proven guilty in the court case that was brought against him.

Mr Khasipe- a chartered financial analyst- previously worked for the LRA as deputy commissioner-general from 2004 to 2007 before being appointed Lesotho’s ambassador to Kuwait.

His reinstatement was made at a time when there was internal turmoil in the LRA characterised by low staff morale and internal squabbles, partly blamed on the revenue collection authority’s failure to meet its revenue collection target for the April 2016 to March 2017 fiscal year.

The authority missed its M6.4 billion target by M430.8 million and since his reinstatement, Mr Khasipe has overseen the implementation of various strategies aimed at improving revenue collection.

Last week, the LRA launched the Voluntary Disclosure Programme (VDP) that opened a window of opportunity for all errant businesses and individuals to visit the authority’s offices and amicably address their tax obligations. Those who comply voluntarily will be spared the 200 percent penalty charges.

The LRA will also introduce other initiatives aimed at improving clients’ compliance such as the E-Taxation system, which is funded to the tune of M85 million by the African Development Bank (AfDB), to ensure quicker, convenient and faster processes.

It will also implement the Small Business Taxation regime, which will come with a number of flexible payment models, among other benefits.

Keiso Mohloboli

THE Constitutional Court yesterday ordered the Lesotho Defence Force (LDF) to reinstate three female soldiers who were fired after they fell pregnant before spending five years in service as required by the LDF regulations.

In 2014, the LDF introduced a standing order barring its graduates from falling pregnant during their first five years of service because of what former army commander, Lieutenant General Tlali Kamoli, said was a demanding schedule at the time.

The standing order immediately applied to 50 females out of the 299 new soldiers that graduated in 2014, with Lt Gen Tlali saying there was no room for child-bearing because of the heavy artillery the soldiers would be using over the next five years.

“This group will not be expected to have children for the next five years because we have very big things planned for them,” Lt-Gen Kamoli said at the time.

“They are going to be using very heavy weapons which require people who are strong and healthy.”

Three female soldiers who subsequently fell pregnant were expelled from the force early last year and they dragged the army to the High Court demanding reinstatement.

The three are Privates, Lieketso Mokhele, ‘Masaule Letima and ‘Masine Ntsoha.

However, in a landmark ruling yesterday, the Constitutional Court declared the standing order illegal and invalid.

Justices Ts’eliso Monaphathi, Semapo Peete and Sakoane Sakoane said the standing order failed the test of legality, rationality and “reasonableness” and was thus invalid.

“This court therefore, with immediate effect, orders that the decision of the Commander of the Lesotho Defence Force in discharging the applicants is reviewed and set aside. The Standing Order No.2 of 2014 issued by the Commander of the LDF is declared illegal and invalid; the applicants are reinstated back to their positions and ranks in the LDF without any loss of benefits arising therefrom; and applicants to be paid costs of the suit,” Justice Sakoane said.

The Federation of Women Lawyers immediately welcomed the ruling with its Programmes Coordinator, Thusoana Ntlama, saying women had nothing to apologise for as they were within their rights to fall pregnant.

“Women’s reproductive health is a right and it must be respected. By that we are saying reproductive health implies that women have a right to a healthy and safe sex life. They have a right to reproduce and the freedom to decide if when and how often to do so,” Ms Ntlama said.

She emphasised the importance of reproductive health, as a crucial part of general health and a central feature of human development.

“We are therefore happy that the courts acknowledged and respected these sexual and reproductive rights; and that the women who were structurally victimized will soon go back to their respective positions.”

“The LDF was discriminatory, oppressive and unfair to have denied their families children during their reproductive years,” she said.

In their legal battle, the women were represented by Attorney Monaheng Rasekoai and supported by Transformation Resource Centre (TRC), FIDA and Southern African Litigation Centre (SALC).

The three women enlisted in the LDF in 2013, at the time when private Mokhele was already married while private Letima was granted permission by the LDF to get married on 17 June 2015.

They fell pregnant at different periods before they were fired by the former army commander, Tlali Kamoli. The former commander, is currently detained at the Maseru Maximum Security prison for various charges including murder and attempted murder.

According to the court papers, Kamoli said the three women should have abstained from sex for five consecutive years, adding that they should have used 100 percent safe contraceptives, if at all they really wanted to remain in the LDF.

In her affidavit, Private Mokhele indicated that she was already pregnant when the order was passed on 3 March 2014, arguing that no explanation was given for the new order.

“I immediately informed my superiors about my condition and also expressed my shock and dismay at the order,” she said.

She stated that a few days later, she was issued with ‘a show cause notice’ for having disobeyed the order, “which expressly prohibited pregnancy of female soldiers.”

Private Mokhele argues despite her reply to the letter, the former army commander dismissed her from the LDF.

Meanwhile, in her affidavit, Private Letima also indicated that she was on contraceptives but was shocked when she found out that she was pregnant.

“It scared me when I discovered that I was pregnant because I knew I was in trouble at work.

“Desperate, I even considered abortion, but my conscience would not allow me to commit such a sin. I took a risk and decided to keep the baby because I knew that abortion is illegal in Lesotho and that I could end up in jail,” she said.

Herbert Moyo

LESOTHO’S quest for a second multi-million dollar second compact grant from the United States Millennium Challenge Corporation (MCC) has received a major boost after the arrival in the country of a high-powered MCC delegation to begin consultations for the release of the sizeable aid package.

The MCC delegation led by, Kyeh Kim, the MCC’s Principal Deputy Vice President, Africa Region, this week told the Lesotho Times that although discussions for the release of the funds were still in the early stages, the second compact would be focused on the removal of constraints to economic growth and poverty reduction.

The delegation nevertheless emphasised that Lesotho’s eligibility for the compact funding was premised on satisfactory progress by the government in restoring the rule of law and implementing multi-sector reforms. The project could be suspended if the government reneges on its commitment to implementing the reforms.

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

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

In 2015, the MCC stalled in renewing the compact programme over rampant human rights abuses perpetrated under former Prime Minister Pakalitha Mosisili’s ruthless regime.

Lesotho’s eligibility for the second compact was however confirmed by the MCC Board in December 2017 after the ouster of the Mosisili regime in the June elections and the return to power of Prime Minister Thomas Thabane whose coalition set out to dismantle the edifice of rights violations erected during the Mosisili era.  The MCC delegation jetted into Maseru this week for discussions that will most probably culminate in a concrete funding agreement.

Ms Kim told the Lesotho Times that their visit came in the aftermath of concrete measures taken thus far by the new Thabane government to hold those responsible for past abuses accountable and foster the rule of law.

She however, warned that the eligibility that Lesotho had been granted was “not just a onetime stamp of approval” and the government had to stay the course to continue to be eligible.

“The purpose of our visit is to re-welcome Lesotho back into the MCC compact family,” Ms Kim said in an exclusive interview with this publication at the US embassy in Maseru.

“We will discuss our expectations of moving forward in terms of the continued progress on the governance reforms as well as the process of developing a second compact for the country.”

“The MCC Board of Directors determined that there was sufficient progress toward the implementation of the reforms but this is a journey that the government must stay on to make sure that they maintain eligibility.”

The US Ambassador to Lesotho, Rebecca Gonzales, echoed Ms Kim on the need to stay the course on reforms, saying, the US remained “committed to supporting Lesotho as it undertakes an inclusive, transparent, and comprehensive national reform process, which is essential in achieving sustainable economic growth and long term stability”.

Ms Kim also said that dialogue with both the government and the opposition leaders was “absolutely necessary to ensuring that meaningful reforms take place”.

She further said that in addition to meeting the governance and reforms criteria, Lesotho still had to meet other criteria which included effectively dealing with the scourge of corruption.

“We have what we call the ‘hard hurdle’ which is on the government’s performance on the control of corruption. It is very important to our board of directors that we invest in countries that are very serious about the control of corruption and transparency.”

For his part, Mr Guyslain Ngeleza, the MCC’s country representative to Lesotho, said while the negotiations process that culminated in a concrete funding agreement typically lasted three years, the MCC and the government would “proceed very fast” so that the second compact agreement could be signed as early as June 2019.

“Our hope is that after this mission, we will be able to come to some sort of agreement with the country on what are the major constraints to economic growth by the beginning of April next year. Overall, we want to ensure that between June and December next year we will have the compact signed but all that depends on the government’s commitment,” Mr Ngeleza said.

The MCC delegation also hailed the success of the first US$362.6 million compact, saying it had improved the quality of life notably in the health sector where 138 health clinics were either built or rehabilitated across the country.

The first compact also provided for the construction of the Metolong Dam which provides water to Maseru and its environs.

“There were also notable accomplishments in terms of the married persons’ laws which now allow females to have ownership of land in the country,” Ms Kim said.

She said the government nevertheless had a huge responsibility to maintain the infrastructure and investments that were funded by the first compact.

The government’s ability to maintain the first compact’s investments would play a factor in deciding the value of the second compact.

“We are investing a great amount of money and it is really up to the government to maintain the investments we make.

“We can build a health clinic but it is really up to the government to hire the nurses and personnel as well as provide the actual infrastructure and maintain it. As we look at the second compact, our board of directors will look very closely at whether the government has been effective in sustaining the investment in the first programme,” Ms Kim said.

The reforms now being driven by the Thabane coalition were recommended by the regional Southern African Development Community (SADC) after it established a commission of inquiry into perennial instability in Lesotho in the wake of the shooting of former Lesotho Defence Force (LDF) commander Maaparankoe Mahao.

The previous coalition of Dr Mosisili had largely dragged its feet on implementing the reforms with the former Prime Minister at one stage boasting that the reforms would never see the light of day.  But after the ouster of Dr Mosisili his successor, Dr Thabane, has aggressively sought to implement the reforms and restore the rule of law. Several soldiers who were used by the previous government to commit various atrocities, including the attempted murder of the editor of this newspaper Lloyd Mutungamiri, are now in police custody.  The Lesotho Times suffered heavily under the previous regime as the newspaper steadfastly condemned all its human rights abuses.

Even though the MCC says dialogue between the government and the opposition is essential for the success of the reforms, it remains to be seen whether this is achievable as the opposition appears hell bent on sabotaging the reforms process, stacking what critics say are incredible pre-conditions for participating. For instance, Dr Mosisili has demanded that all SADC troops deployed in Lesotho to maintain peace and stability, during the implementation of the reforms, should leave as one of the opposition’s pre-conditions for participating in the reforms process. The government has nonetheless dismissed the demand as untenable.

…as Concourt rules Mosito reappointment unconstitutional

Tefo Tefo

THE government has been dealt a massive blow after the Constitutional Court ruled that Justice Kananelo Mosito cannot be appointed to head the country’s top court, the Court of Appeal, because he “is not a fit and proper person” for the sumptuous job.

Unless the government begins the process of finding an alternative candidate for the job, the judgement is likely to inflict further adverse impact on the administration of justice in the country. The top court has not been sitting after a group of lawyers opted to challenge Prime Minister Thomas Thabane’s August 2017 decision to appoint Mr Mosito as President of the Court of Appeal.  Dozens of appeals are now pending before it.

The Constitutional Court bench comprising of Namibian judges, Ezer Hosea Angula and Shafiname Fikameni Immanuel Ueitele and South African judge, Mojalefa Rampai, this week ruled that Justice Mosito’s appointment was in breach of the provisions of the national constitution because he was not a fit and proper person to hold judicial office as required by the constitution. This because a lawful tribunal comprising of eminent  jurists had previously recommended his impeachment over  tax evasion issues.  The findings of that tribunal were never challenged successfully in a competent court of law.

The Constitutional Court judgment, which effectively ends Justice Mosito’s career prospects on the bench,  follows a court challenge filed by four lawyers who approached the court seeking the nullification of the 1 August 2017 re-appointment of Justice Mosito as president of the apex court.

Justice Mosito was initially appointed by Dr Thabane during his first tenure as Prime Minister in January 2015. When Democratic Congress leader, Pakalitha Mosisili, took over from Dr Thabane after the February 2015 snap elections, he began a process of removing Justice Mosito.

Justice Mosito subsequently resigned in the wake of the establishment of a tribunal to determine his fitness to hold office over allegations that he had evaded paying taxes.  The tribunal had recommended his impeachment, finding that he had indeed failed to honour his tax obligations and he had acted unlawfully in investigating his fellow judges to establish if they had also paid their taxes as he sought information to advance his cause.

When Dr Thabane returned to power after winning the 3 June 2017 elections, he re-appointed Justice Mosito in place of Justice Robert Nugent who had been appointed to head the apex court by Dr Mosisili.

But the re-appointment of Justice Mosito on 1 August 2017 immediately torched a storm with four lawyers going to court to stop him from assuming office.

The quartet of King’s Counsel Zwelakhe Mda, Karabo Mohau, Motiea Teele and attorney Qhalehang Letsika argued that Justice Mosito was unfit to hold that office because of the previous tax charges that he faced.

High Court judge, Justice Semapo Peete, had cleared Justice Mosito of 19 counts of tax-related criminal charges in October 2017.

However, the quartet argued that Justice Mosito was not fit for the office because an impeachment tribunal established by Dr Mosisili found him guilty of violating tax laws and recommended that he be removed from the presidency of the highest court in the land.  The findings of the tribunal had not been successfully challenged in a court of law, they argued.

The three constitutional court judges had subsequently reserved judgment in December 2017 after lengthy arguments between the lawyers representing the applicants and the respondents. The respondents were Justice Mosito and Dr Thabane, King Letsie III, the attorney-general and the Law Society of Lesotho.

And on Tuesday, the three judges delivered two separate judgments, a majority and a minority judgment. Both judgments agreed that Justice  Justice Mosito was not “a fit and proper person” to hold the office of President of the Court of Appeal and that he had been unlawfully appointed.  The judgments nonetheless advanced slightly different reasons for the similar verdict.

High Court judge, Justice Tšeliso Monaphathi, who read the verdict on behalf of the three judges said the two judgments only differed on the ratio decidendi (a legal term which means the reason(s) for the verdict) by the judges who presided over the case.

The majority judgment was made by Justices Angula and Rampai, while the minority judgment was made by Justice Ueitele.

In the majority judgment, the judges found that Justice Mosito was not fit to hold office because his predecessor, Justice Robert Nugent, was not removed in compliance with the law and also because of the findings of the tribunal that was set by Dr Pakalitha Mosisili’s government to impeach him.

They “declared that the removal of Mr Justice Robert Nugent from office as President of the Court of Appeal is null and void and of no force and effect to the extent that the provisions of section 125 of the constitution were not met”.

“The decisions of the second respondent (PM Thabane) to recommend the appointment of the first respondent (Justice Mosito) to His Majesty and the subsequent appointment are reviewed and set aside as irregular and unconstitutional.

“It is declared that the appointment of the first respondent is unconstitutional in that he is not a fit and proper person to hold judicial office by virtue of the findings of misbehaviour(s) which rendered him unfit for such office which findings were made by a tribunal duly appointed in terms of sections 125 of the constitution.”

The orders were made after the two judges concluded that the removal of Justice Mosito from the seat in December 2016 was lawful while the removal of Justice Nugent to pave way for re-appointment of Justice Mosito in August last year was unlawful.

“It must, therefore be appreciated that each of the preceding removals, one lawful the other unlawful, posed insurmountable obstacles for re-appointment of the first respondent (Justice Mosito).

“His continuing unfitness for the office was not his one and only impediment to the throne. He had another mountain or two to climb,” reads the judgment.

The judgment further states that “The indications are clear that the second respondent (Dr Thabane) did not openly apply his mind to the legal consequences of the two earlier removals”.

“It appeared to us that if he did, which we doubt, he did not properly consider the constitutional weight, impact and consequences of the findings of the tribunal.

“Had he done so, then  he would probably have realised that the first respondent had been found unfit for the office; that he was discredited or disqualified by a constitutionally appointed tribunal; that the tribunal consisted of three eminent foreign judges and that he, as the Prime Minister, had virtually no power in law to undo such findings by simply re-appointing the first respondent to the same office from which he was lawfully removed earlier on and that such office was still occupied by a lawfully appointed and esteemed judge.”

The two judges also strongly criticised the decision by Dr Thabane to recommend re-appointment of Justice Mosito as president of the Court of Appeal.

“Given all the peculiar circumstances of this particular case, we have come to the unanimous final conclusion that the second respondent indeed acted unreasonably, arbitrarily and irrationally in re-appointing the first respondent.”

The judges were also scathing in their assessment of Justice Mosito’s motives in resigning ahead of the presentation of the impeachment tribunal’s findings in 2016.

“On his own say-so, the first respondent (Justice Mosito) resigned because he pre-empted the adverse findings by the tribunal. His was not a genuine resignation of an employee who voluntarily and honestly wanted to relinquish his post.

“Quite contrary to that, his conduct had all the hallmarks of a deliberate ploy to frustrate a due process of law. There is every reason to believe that the first respondent was, shortly before he wrote his purported resignation, advised by his attorneys about the unfavourable decision of the tribunal.”

Justice Ueitele, in his minority judgment, found that it was not necessary to pronounce himself on the removal of Justice Nugent in order to reach the verdict that Justice Mosito was not a fit and proper person for the top judicial job.

“Having arrived at the conclusion that the second respondent has acted unconstitutionally when he recommended the appointment of first respondent as president of the Lesotho Court of Appeal I find it unnecessary to deal with the question of the removal of Judge Nugent.

“I therefore, make the following order: The decisions of the second respondent to recommend the appointment of the first respondent to His Majesty and his subsequent appointment as president of the Court of Appeal of Lesotho are reviewed and set aside as irregular and unconstitutional.”

The net effect of the latest judgement is to further delay the sitting of the Court of Appeal with a direct impact on the administration of justice in Lesotho since it is the highest court in the land.

According to well-placed sources, dozens of cases from the High Court and the Commercial Division of the High Court await hearing in the Court of Appeal. The adverse impact can only be averted if the government moves quickly to find a replacement for Justice Mosito.

Inmate recalls dark days as ‘Bad Man’ and how delays in the justice system to grind contributed to the death of three people

Tsitsi Matope

FOR eight years, he crafted and coordinated a series of armed robberies that earned him respect as a ‘don’ in the dark world of crime in Maseru.

At the height of his criminal activities, Khosi Nathane, now aged 38, felt invincible.

Nathane is currently serving a 28-year sentence for armed robbery and the murder of a police officer, at the Maseru Maximum Prison.

During his reign of terror, he had managed to convince himself that he was untouchable and the best at his game of reaping where he never sowed.

His ‘success’ did not only come with massive celebrations after a big score but was also the cause of so much pain and trauma that haunted many of his victims.

Unexpectedly, his full-blown ego was deflated one day in 2002, when a seemingly meticulous plan by his gang of seven, to rob a wholesale in Masianokeng, went terribly bad.

The self-assured gang stormed the wholesale in broad daylight, with five members waving their guns threateningly and ready to shoot if anyone dared resist their demands for all the cash in the shop.

In an interview at the Maseru Maximum Prison where he has spent 13 years locked-up, Nathane explained the gang’s mission was to get in, get the money and quickly make a getaway. However, things took a wrong turn and unexpectedly turned deadly when some police officers suddenly showed up as the gang walked out of the wholesale holding two bags full of over M300,000.

“We saw the police car and knew they had come for us. We started shooting at the car, killing one officer. They returned fire and killed two of our members,” Nathane said.

After realising the police were determined to take them down, the remaining five members took to their heels and managed to escape the hail of bullets, leaving their getaway car parked outside the wholesale.

“A colleague holding the other bag which had around M165,000 dropped it when he was shot dead. We ran towards Masianokeng Primary School, found a safe place and contacted a friend who picked us up from there,” he said.

Nathane described the death of his two gang members and a policeman in the Masianokeng heist as a curse that triggered a bad spell, which led to their arrest two weeks later.

“After informing the relatives of two of our members who had died, we shared the money and agreed to lie low as per our custom after a big heist,” he said.

Lying low, he explained, meant the gang would stay away from places where they might be identified by the victims and also avoid spending huge amounts of money that could attract suspicion until they were sure they were safe.

However, the love for a bit of fun got the better of one of the members who decided to release his stress at a nearby tavern, only to end up in trouble.

“What he was doing there it beats me because he ended up in a fight, firing some shots and getting arrested,” Nathane said.

During subsequent police investigations, the man spilled the beans about his involvement in the Masianokeng robbery, leading to the arrest of the other four members, among them Nathane.

However, after spending 13 years in prison, Nathane has had much time to introspect until he came to the painful conclusion that he deceived himself by thinking crime pays.

He now sees the time he spent buying guns, plotting to rob supermarkets and wholesales as wasted years.

That once he was a fearless armed robber who operated three gangs no longer appeals to him and only wishes that ugly chapter to be blotted from his life history.

As a man who has now sobered up, Nathane said his past embarrasses him and shows remorse for the pain he caused so many people.

Prior to his conviction, Nathane had been arrested twice for armed robbery and was granted bail, only to resume his criminal acts as he was convinced the justice system had no teeth to bite.

While out on bail, Nathane said he felt the justice system understood his nature and went on the rampage, flouting some of his own rules about being cautious in some of his heists.

He believes the justice system’s delay to grind, to a certain extent, also let him down by not stopping him and his gang before they could do much harm that led to the death of three people.

The fact that they seemed to get away with their criminal acts made them bolder and greedier, he added.

“When we started, we were happy to get away with M40,000, but as time went on, we went for the big jobs that offered us more money. We improved our strategies and started working with people close to places we targeted to rob.”

Sometimes, a girlfriend or a neighbour working at a supermarket or wholesale came in handy and would provide information in return for part of the spoils.

“I remember we once hit one shop and got away with M200,000 after we were tipped about the money by our member’s girlfriend,” Nathane said.

The same strategy was improved from time to time and applied in executing other “big-paying jobs”.

It, however, took spending time in prison for Nathane to realise when his life took a dangerous turn onto a dark path of crime. At the age of 16 years, he dropped out of school in Maseru, after getting into a fight that left him with stab wounds.

“My parents had planned that I should transfer to another school, but this did not happen because I got mixed-up with bad boys and started stealing. I refused to go back to school and that really broke my parents’ hearts.”

Nathane said his family did not understand what had motivated him to choose crime as he had lacked nothing in his life. In the end, tired of explaining himself, he decided to move out of his family home and rented his own apartment.

“I thought by staying alone, I would be free and become a master of my destiny. I thought one day, I would get so rich from my criminal activities. How wrong I was and stupid.  I never realised that my imprisonment started when I refused to go to school. By rejecting education, I turned down decency, freedom and empowerment to live with a clear conscience. I denied myself true happiness and chose dagga, which provided false security.”

Nathane said he has now turned a new leaf, and thanks to life in prison, he can now see clearly.

And after a five-year battle with himself in prison, he decided to do the right thing – going back to school.

He passed his Cambridge Overseas School Certificate (COSC) examinations in 2012 and has been waiting for an opportunity to train as an electrical engineer at the Lerotholi Polytechnic.

“I have expressed my interest to further my studies but have not been successful. I would like to be a free man indeed, by doing an honest job when I finally get out of prison. I would also want to start a family and make sure none of my children will fall into the same trap as I did,” he said.

In an interview recently, the Lesotho Correctional Service Acting Commissioner, Thabang Mothephu, said while a good number of inmates serving long sentences, such as Nathane, had completed and passed their secondary school education while in jail, they could not get assistance to proceed to tertiary education.

“We need to help the inmates through various empowerment programmes so that when they are released from our facilities, they will be able to start income-generating projects or get employed,” Act Commissioner Mothepu said.

He called upon development partners to support the establishment of capacity building institutions within the correctional facilities, to make it easy for the inmates to continue studying beyond COSC.

Currently, the LCS has partnered with a Non-Governmental Organisation, GROWER, which has helped in providing some teachers working at the Juvenile Training Centre.

Tokelo Rasephei

THE Basotho National Party this week welcomed 52 new members who defected from various parties including the All Basotho Convention (ABC), Alliance for Democrats (AD), Democratic Congress (DC) and Movement for Economic Change (MEC) in the Qaqatu No. 60 and Mpharane No.61 constituencies in the district of Mohale’s Hoek.

BNP leader, Thesele Maseribane, welcomed the new members, saying this was evidence of the growth of the party which was one of the oldest in the country.

“Today marks a big day for the party as we welcome new members,” Mr Maseribane said, adding, “Our mandate is to serve every Mosotho with respect and dignity”.

He thanked the new members for joining the party and promised that the party and its coalition partners would work to transform their lives for the better.

The BNP is one of four parties in the governing coalition along with the ABC, AD and the Reformed Congress of Lesotho.

For his part, the BNP youth league chairperson in the Qaqatu No. 60 constituency, Thabo Lethoko, expressed his gratitude to the Maphutseng community for inviting the BNP leader to their constituency.

He also said the youth league had a mandate to pursue a development agenda that would in turn attract more followers into the party fold.

The BNP Women’s League Deputy Secretary General, Mametsing Nkhatla, said that women should work hard to attract more members to the party.

“We have a responsibility to recruit more people to our party. We have a further duty as the women’s league to help to overcome any flaws in the party, Ms Nkhatla said.

 Tefo Tefo

THE Chief Magistrate, ‘Matankiso Nthunya yesterday further remanded in custody five Lesotho Defence Force (LDF) officers charged with the attempted murder of the Lesotho Times Editor, Lloyd Mutungamiri, in July 2016.

Magistrate Nthunya told the five accused, who are Military Intelligence Commander, Brigadier Rapele Mphaki (47); Colonel Khutlang Mochesane (57), Mahanyane Phusumane (37), Nyatso Tšoeunyane (41) and Maribe Nathane (35), that the case will proceed before Senior Resident Magistrate Phenethi Motanyane, who was not available yesterday.

The five accused, who looked relaxed in the dock, are expected to appear before Mr Motanyane on Thursday 1 March, during when the court is expected to set a date when the trial will kick-start.

According to court papers, the LDF soldiers allegedly conspired to shoot Mr Mutungamiri, as he drove into his Upper Thamae home in the late hours of 9 July 2016.

It is understood that they confessed to committing the dastardly act during police investigations but argued that as soldiers, they were merely carrying orders from their superiors.

The suspects first appeared before the Magistrate’s Court in December 2017.

One of their lawyers, Advocate Letuka Molati, had argued for their release from detention in terms of the Speedy Trial Act but his efforts came to naught after Senior Crown Counsel, Lehlohonolo Phooko, on Wednesday last week, told the court that police investigations into the matter were now complete and that the case was ready to be set for hearing.

He added that “the directive from the Director of Public Prosecutions (DPP) stipulates that the trial should be presided over by a senior resident magistrate”. Ms Banyane – who was presiding over the matter last week – then postponed the case to yesterday, for a senior resident magistrate to set a trial date.

She said the defense and prosecution could then advance “whatever arguments before the judicial officer who will be seized with the matter”.

One of the accused, the Military Intelligence Commander, Brigadier Mphaki, faces a separate charge of murder, along with seven army officers, for the deaths of three men in May 2017.

Brigadier Mphaki is charged alongside Sergeant Lekhooa Moepi (43), Captain Mahlehle Moeletsi (50), Lance Corporal Mahlomola Makhoali (32); Private Nthatakane Motanyane (24), Motšoane Machai (39), Liphapang Sefako (48) and Nemase Faso (28).

The soldiers allegedly strangled Lekhoele Noko, Molise Pakela and Khothatso Makibinyane at Setibing in rural Maseru on 16 May 2017 and dumped their bodies in the Mohale Dam.

This was despite the fact that police investigations had revealed that they were not linked to the killing of an army officer and a street vendor at Maseru Border Post in May last year.

Pascalinah Kabi

THE Ministry of Education and Training has for several years failed to maintain human resource records, proper accounting and reconciliation systems resulting in a situation where millions out of its M1.7 billion annual wage bill for teachers are spent paying ghost teachers.

In addition, the Primary School Feeding Programme is in shambles amid revelations that M1500 per month payments are being advanced to individuals who are not contracted to cater for learners’ feeding requirements under the programme.

This came to light during a recent Public Accounts Committee (PAC) hearing in which officials from the ministry’s Teaching Service Department (TSD) appeared before parliament to explain their activities.

The TSD is a department within the Ministry of Education and Training which serves as the secretariat of the Teaching Service Commission and it has the mandate of implementing all the decisions the commission.

Among other things, the TSD is mandated to hire teachers on the recommendations of the commission, pay their salaries as well as maintain teachers’ records.

It however, emerged during this week’s appearance of TSD officials before the Selibe Mochoboroane-led PAC that the department has been spending millions of maloti over several payments to ghost workers chiefly because of the failure to maintain proper staff records and accounting procedures.

The Education and Training ministry’s Deputy Principal Secretary, Ratšiu Majara, and other TSD officials who initially sought to deny any wrong-doing were forced to perform an embarrassing about-turn when they were confronted with incriminating evidence of their shortcomings in the form of a leaked audio clip as well research from one of the constituencies.

“We have systems in place to check whether we are paying ghost teachers or not and there are no ghosts on our payroll as far as I know,” Mr Majara said in his rebuttal of accusations that they were paying ghost teachers and mismanaging their affairs. His story would change a few minutes later in the face of seemingly incontrovertible evidence from Mr Mochoboroane and other PAC members.

Peeved with denials of any wrong-doing, Mr Mochoboroane played a recording which was allegedly made by one of the Ministry of Education and Training officials warning TSD officials of the impending appearance before the PAC.

In the recording, a woman said to be ‘Manyakallo Phothane is heard warning one of her colleagues of the need to prepare convincing responses to explain to the PAC why ghost teachers have continued to be paid from government coffers. She also warns them to brace themselves for tough questions pertaining to the Primary School Feeding Programme.

“Listen here Jonny, we all know the number of individuals engaged under the school feeding programme per each district and an estimated total of their payments for each month,” Ms Phothane can be heard saying.

“We are however, in trouble with the issue of M1500 payments we have been making to individuals without school feeding programme contracts.

“The issue of ghost teachers is also at its highest peak in the TSD and we need to pray really hard to ensure that we come out of the PAC interrogation unscathed because our investigations show that these are some of the issues Mochoboroane and others are going to grill us on,” Ms Phothane continues.

Immediately after playing the audio, Mr Mochoboroane put it to the ministry’s officials including Mr Majara that they had been paying ghost teachers for several years while at the same time mismanaging the funds for the School Feeding Programme.

“The audio I have just played was made by one person who works at the ministry’s headquarters and she was tipping off the TSD employees,” Mr Mochoboroane said.

Faced with denials of wrong-doing by Mr Majara, Mr Mochoboroane went on to produce some documents that appeared to show that the TSD was been paying some substitute ghost teachers in a school in his Thabana-Morena constituency.

“Immediately after receiving the leaked audio clip, I did my own investigations in Thabana-Morena and I found that Motemolane Primary School has never had a Liepollo Monaheng as a substitute teacher for one M. Mohau who has never worked there in the first place.

“There is also one Evodia Bulane who has been receiving a monthly salary from the TSD even though she is a ghost teacher,” Mr Mochoboroane said.

Mr Mochoboroane further showed that there was one Senate Lebona who was employed twice by the TSD and was receiving two monthly salaries which were deposited to two different bank accounts.

The documents that Mr Mochoboroane produced had the TSD stamp and the Thabana-Morena legislator demanded to know the identity of the signatories that appeared on the papers.

He also condemned the TSD’s failure to put in place, systems to ensure that its payroll was free of ghost teachers, adding that parliament would countenance such gross violations of good corporate governance practices which ultimately contributed to the high unemployment of qualified teachers.

The ministry has often claimed that it was unable to absorb all graduate teachers due to funding challenges.

Another PAC member also weighed on the saga, accusing the TSD of continuing to pay one Moriana Marume, despite the latter’s death in 2011.

Another PAC member, Palo Leteetee, also revealed that one Kerongoe Lelesa who was purportedly engaged as a casual teacher at Khotlang High School was paid two salaries in 2016.

After having initially denied wrong-doing, Mr Majara was forced to concede that there were serious irregularities in the operations of the TSD.

“I cannot dispute the information you are putting forward and if that is what is happening, paying ghosts is theft and stealing is not allowed in the public service.

“But our system clearly hasn’t picked these anomalies. This shows that our officers are manipulating the system and we will need to follow-up on the evidence you have put forward.”

For her part, TSD Chief Education Officer, ‘Maselloane Sehlabi, said they did not readily have the list of all teachers on the payroll and it was therefore difficult to ascertain the veracity of the legislators’ allegations.

She however, said she “would not dispute that people might fraudulently fill in employment forms, masquerading as real teachers while they are ghost workers”.

“In January alone, we spent more than M139 million on teachers’ salaries. We have plus or minus 15 000 teachers on our payroll,” Ms Sehlabi said.

She said while the ministry spent 85 percent of its budget which translated to M1.7 billion annually on teachers’ salaries, there were no reconciliation systems in place to ensure that only deserving teachers were paid.

Asked if she agreed that the payroll had ghost workers, Ms Sehlabi said, “If there are ghost teachers, yes the M1.7 billion includes salaries of the ghosts”.

Tefo Tefo

PROMINENT South African lawyer, Advocate Gilbert Marcus, has urged the Constitutional Court to strike down the criminal defamation law, saying it has the “chilling effect” of muzzling the press in violation of the freedom of expression that the national constitution seeks to uphold.

He argued that as long as criminal defamation remained on the statute books in the Penal Code Act of 2010, it will continue being used as a weapon by those in power to silence critics.

Advocate Marcus was arguing before court on Monday in a case in which the Publisher of the Lesotho’s leading Lesotho Times newspaper, Basildon Peta, is challenging the constitutionality of the sections of the Penal Code Act of 2010 which allow for criminal defamation.

The application is before Justices, ‘Maseforo Mahase, Teboho Moiloa and Moroke Mokhesi.

The Minister of Law, Constitutional Affairs and Human Rights, the Attorney General and the Director of Public Prosecutions (DPP) are cited as first to third respondents respectively in the application.

The application arose from the criminal defamation charge that was preferred against Mr Peta in his capacity as the Publisher of the Lesotho Times which carried in its 23-29 June 2016 edition, a satirical article relating to the former army commander, Tlali Kamoli.

The Scrutator is a hugely popular weekly column which satirises current affairs in Lesotho by providing humorous commentary on serious issues.

True to the elements of satire, the said article employed humour, irony, exaggeration and ridicule to expose and criticise shortcomings of political and other high-ranking figures, in this case, Lt-Gen Kamoli.

The article in question played on the idea that Lt-Gen Kamoli wanted to show that he was superior to everyone else and it ran an extended metaphor depicting Lt-Gen Kamoli ordering cabinet ministers to do increasingly absurd actions.

“Indeed, these actions were so absurd that it was obvious that the column was satirical and written in service of a political point,” Advocate Marcus noted.

Mr Peta was charged on 6 July 2016 with criminal defamation in relation to the article.

He however, filed a constitutional case challenging the provisions of the Penal Code Act 2010 on which the criminal defamation charges are based. He is seeking an order striking off those sections of the Penal Code on the grounds that they constitute an unjustifiable violation of the right to freedom of expression which is expressly protected by the constitution of Lesotho.

And on Monday, Advocate Marcus drew on comparative case law from Zimbabwe which held that criminal defamation was inconsistent with the constitution.

He urged the court to find like their Zimbabwean counterparts that criminal defamation was unjustifiable in a democratic society such as Lesotho.

Explaining the nature of the article about Lt-Gen Kamoli Advocate Marcus noted that, “the article employed the key elements of satire which are humour and exaggeration and was therefore, clearly satirical and should have been understood as such”.

He further argued that criminal defamation statute was couched in very broad terms and could thus be used as a virile weapon by the powerful in society to silence any form of criticism- something which was clearly inconsistent with the established norms in democratic societies.

He emphasised the importance of freedom of expression in a modern democratic society, adding that any limitation to this fundamental freedom should be justifiable.

Advocate Marcus further criticised the defamation law on the grounds that it was couched in very broad terms which gave a wide discretion to the police and prosecution to prefer charges on individuals for criminal defamation.

He said there was no need to criminalise defamation, especially as the constitution already provides for other remedies which include the right to reply, to seek a retraction of the offending article as well as civil claims against the offending party.

“This open-ended discretion is a problem to our constitution. Where laws are couched in wide terms they permit the police and prosecution to use their extra-ordinary discretion.

“The imposition of criminal sanction creates a chilling effect on individual rights-bearers and on the press. Consequently, it impoverishes the pluralist and democratic society that Lesotho’s constitution safeguards.”

Advocate Marcus also urged the court to take note of the decision of the constitutional court in Zimbabwe which struck down the defamation law in 2014 on the grounds that it was not justifiable in a democratic society.

In striking down criminal defamation law the Zimbabwean constitutional court noted that, “it cannot be denied that newspapers play a vital role in disseminating information in every society, whether open or otherwise”.

“Part and parcel of that role is to unearth corrupt or fraudulent activities, executive and corporate excesses, and other wrongdoings that impinge upon the rights and interests of ordinary citizens.

“It is inconceivable that a newspaper could perform its investigative and informative functions without defaming one person or another. The overhanging effect of the offence of criminal defamation is to stifle and silence the free flow of information in the public domain,” the Zimbabwean constitutional court further stated.

Commenting on the Zimbabwean court judgement on Monday, Advocate Marcus said, “in undertaking a comparative review (of case law from other countries), we do not suggest that Lesotho is required to follow precisely the model adopted in other jurisdictions.

“Rather, we seek to show that the Penal Code Act’s broad criminalisation of defamation has the consequence that Lesotho would make itself an outlier among comparable democratic societies.

“This casts doubt on whether the breadth and seriousness of the incursion into the right to freedom of expression is justifiable in a democratic society,” Advocate Marcus argued.

However, the lawyer representing the office of the DPP, Advocate Gareth Leppan, maintained the article about Lt-Gen Kamoli had gone beyond being satirical by depicting the latter as someone who could “commit murder and just get away with it”.

“The article clearly suggests that this man (Lt-Gen Kamoli) can commit murder and get away with it. It now goes beyond satire.

“I agree that the introductory part of the article is amusing but there is still a place for criminal defamation in the modern democracy.

“When there is criminal defamation, one would think twice before doing anything,” Advocate Leppan argued.

The judges reserved judgment to a date they said would be communicated to the lawyers in due course.

Pascalinah Kabi

HEAVILY armed police officers descended on the home of the outgoing Director of Public Prosecutions (DPP), Leaba Thetsane, in Thetsane in Maseru on Tuesday and forced him to hand over his official vehicle to the government.

The raid comes barely a fortnight after Adv Thetsane filed a constitutional case seeking the reversal of the government’s decision to retire him from the public service with effect from 17 January 2018.

Both Adv Thetsane and the Law and Constitutional Affairs ministry’s Principal Secretary, ‘Mole Khumalo, confirmed the police raid, with the former  DPP telling the Lesotho Times that he was left with no choice but to surrender the vehicle to the authorities after heavily armed police officers stormed his house on Tuesday.

“I can confirm that heavily armed police officers came to my house on Tuesday at about 12:30 pm demanding that I release the vehicle into the government’s possession,” Adv Thetsane said yesterday.

“However, I cannot comment further on the matter as these issues are being dealt with in the courts of law but what I can tell you for now is that I didn’t release the vehicle freely.

“They (the police) were armed with AK47 firearms. I immediately called the one who was in charge of the operation to come into my house and we talked over the matter. It was around 12 noon when I was about to leave for my gym sessions,” Adv Thetsane said.

He said that he found it strange for heavily armed police to involve themselves in purely civil matters.

However, Law and Constitutional Affairs Principal Secretary, ‘Mole Khumalo, said that Adv Thetsane had only himself to blame for his experience at the hands of the police.

Adv Khumalo said they only requested police assistance after Adv Thetsane refused to receive a letter from the government requesting that he return the official vehicle since he had ceased being a civil servant on 17 January this year.

“He (Adv Thetsane) was officially retired after a cabinet decision to retire him with effect from 17 January. I therefore wrote him a letter requesting that he return the vehicle to the government as he was no longer a civil servant.

“He refused to accept the letter and upon hearing this, I called him to discuss the matter and he informed me that since his case was before the courts of law, he could only communicate with us through his lawyers.

“It is then that we asked for assistance from the police because we had exhausted all communication channels and we needed to repossess the vehicle from him as he was no longer a civil servant,” Adv Khumalo said.

Advocate Thetsane, who served as DPP since 1999, was initially scheduled to retire on 28 June 2018 upon reaching the mandatory retirement age of 60 years.

However, the cabinet resolved that he retire with effect from 17 January this year and Advocate Hlalefang Motinyane was subsequently appointed acting DPP.

Adv Thetsane has challenged that decision in the constitutional court.

The court sat on 5 February and set the 27^th of February this year as the date for hearing Adv Thetsane’s application.

Three judges namely, Justices, Semapo Peete, Lebohang Molete and Sakoane Sakoane will hear the application.

LESOTHO Mounted Police Services (LMPS) officers have begun a month-long forensic training course at the Police Training Centre in Maseru under the supervision of the Southern Africa Development Community Prevention Mission in Lesotho (SAPMIL).

The opening ceremony on Monday was attended by the Deputy Commissioner of SAPMIL Police Component, Joseph Shikongo, the Deputy Commissioner of Police, Keketso Monaheng and other high ranking LMPS officers.

DCP Monaheng said the Forensic Training Course was in line with the regional bloc’s quest to reform the LMPS and help Lesotho to achieve lasting peace and stability.

The SAPMIL also known as the SADC Standby Force was deployed to Lesotho on 2 December 2017. The standby force is made of 217 soldiers, 15 intelligence personnel, 24 police officers and 13 civilian experts.

A confidential SADC report that was prepared ahead of the deployment of the SADC force and seen by this publication, stated that the latter had a mandate of “creating a sufficiently secure, stable and peaceful environment conducive for the rule of law necessary for the implementation of the security sector reforms and the recommendations of the SADC”.

The report also stressed the need for the LMPS to be re-trained in some areas to ensure that it becomes a more efficient and professional force.

Speaking at the opening ceremony on Monday, DCP Monaheng, hailed the SAPMIL intervention for helping restore peace and stability to Lesotho and said the SADC-organised course came at the right time when the country was faced with challenges of investigating several murder cases that have attracted local and international attention.

Some of the murders that were perpetrated by soldiers in recent years include the 2014 killing of Police Sub Inspector, Mokheseng Ramahloko and the 2015 and 2017 assassinations of army commanders, Lieutenant Generals Maaparankoe Mahao and Khoantle Motšomotšo respectively.

DCP Monaheng said the course would help improve the investigative capacities of the LMPS and they would also apply their new-found skills to investigating robberies, sexual offences, house-breaking, cybercrimes and scenes of explosions.

“The course will enable the participants to accurately determine the facts of a particular case and present as much evidence as possible to the courts of law,” DCP Monaheng said.

For his part, Mr Shikongo, called on the participants to take the training seriously as the knowledge gained would improve the overall performance of the LMPS.

He said the course was tailored to address the immediate training needs that were identified in the course of interactions between the LMPS and SAPMIL police since the latter’s deployment to Lesotho.

“We noted that the investigations of most of the high profile cases were not finalised in reasonable time either due to lack of forensic equipment or requisite skills to tackle those cases,” he said.

He also said that SAPMIL had a mandate to ensure the amendment of the Lesotho Defence Force (LDF) Act of 1996 and the LMPS Act of 1998 to ensure the separation of powers between the two security institutions to avoid overlapping mandates which could give rise to conflicts.

He said the amendments should result in the LMPS assuming full responsibility for the maintenance of law and order, adding that they must do so independently, “without fear or favour and irrespective of political affiliation, creed or religion”.–SAPMIL

Mohalenyane Phakela

THE Water and Sewage Company’s (WASCO) has denied reports that it deployed under-qualified engineers to operate the Metolong Dam and Water plant resulting in poor quality water being supplied to residents in Maseru, Mazenod, Roma, Morija and Teyateyaneng.

WASCO insisted that its engineers underwent a rigorous training exercise and are suitably qualified.

The company also said it had overcome the challenges that had seen residents being supplied with water that was discoloured and also contained blood worms.

“WASCO wishes to inform its customers in Maseru, Morija, Roma and TY that following weeks of experiencing challenges in the treatment of manganese at the Metolong Treatment Works (MWTW), a breakthrough has been achieved and water quality has been restored to normal and/or desired levels,” WASCO said in a statement this week.

“This success is attributed to weeks of hard work in changing some of the design elements and tackling the operational challenges at the Treatment Works.”

Some internal sources within the company had laid the blame for the poor water quality on WASCO’s alleged decision to employ under-qualified engineers to operate the Metolong Dam and Water plant.

The water plant was constructed by a Chinese state-owned company hydropower engineering and construction company, Sinohydro, under the supervision of Metolong Authority.

The Metolong programme is the first phase of the Lesotho Lowlands Water Supply Scheme which aims to ultimately supply water to all the communities living within the lowlands of Lesotho.

The first phase of the M5 billion project began supplying water to Mazenod, Roma and Morija in September 2014 while Teyateyaneng and Maseru began receiving water from the same plant in 2015.

The Metolong Authority handed over the plant to WASCO in 2015 and according to company sources, WASCO was advised by the former to send its engineers for further training under the supervision of Sinohydro who constructed the plant.

According to the sources, the training was necessitated by the observation that the Metolong plant is “different and larger” than any of the plants WASCO uses to supply water to different communities across the country.

However, WASCO allegedly refused to send its engineers for the training exercise on the grounds that it believed that once they were trained they would leave the company in search of greener pastures outside the country.

“The engineers manning the Metolong plant were never trained to effectively run that plant,” one source said.

“Sinohydro and the Metolong Authority wanted the WASCO engineers to undergo a rigorous training exercise but the management refused, saying most Basotho leave their companies for greener pastures after acquiring such rare skills.

“The recent discoloration of water and presence of bloodworms were a consequence of the engineers’ lack of skills to run the plant.

“Since WASCO took over the plant, it has been one issue after another. The Metolong plant is different from the kinds of water treatment plants that our engineers are used to because of its huge size and complexity. The engineers needed to be trained to ensure that they fully understood how this plant is operated but WASCO management decided against doing so. The presence of bloodworms and uncontrolled manganese clearly shows that they are struggling,” the source added.

However, WASCO has refuted the allegations and insisted that its engineers underwent a one-year re-training programme to enable them to effectively operate the plant.

Speaking at a press conference in Maseru this week, WASCO Director of Operations and Maintenance, ‘Mamathe Makhaola, said after the re-training WASCO engineers were now able to operate the plant on their own and without encountering any serious problems.

“When we were given authority over Metolong in 2015, we discovered that the plant was way bigger than the ones we have been using. Therefore, from April that year, we received training from the contractor until April 2016.

“Since then we have been operating the plant without any hiccups and the recent challenges (blood worms and the coloured water) were not because of the inability to handle the plant.

“The blood worms are products of the midge flies which enter the plant through air ventilators but we have devised a plan to deal with that because it is not proper to have worms in water.

“The coloured water was due to excessive manganese hence the brownish colour and the smell. Besides making washed clothes look dull, the water is not dangerous at all,” Ms Makhaola said.

Following complaints over the water quality from different communities, Ms Makhaola said WASCO is now treating manganese in its first stage of the water treatment plan instead of the last stage as it used to do.

She said WASCO had successfully brought the manganese levels down to 0.2mg per litre of water which is way below the World Health Organisation prescription of not more than 0.4mg per litre of water.

Pascalinah Kabi

LOCAL communities in the Mokhotlong district have vowed to stop the construction of the proposed Polihali Dam which is scheduled to begin next year if their demands for compensation are not met.

The communities are demanding lifetime compensation or alternatively payment for a 99 year period from the Lesotho Highlands Development Authority (the LHDA which will implement the dam project) for the loss of their land.

However, the LHDA has said it will only compensate them for a period of 50 years at market rates in line with statutory requirements.

The Polihali Dam is due to be constructed in terms of the bi-national Lesotho Highlands Water Project (LHWP Phase II).

The LHWP is a multi-phased project to provide water to the Gauteng region of South Africa and to generate hydro-electricity for Lesotho. It was established by the 1986 Treaty signed by the governments of Lesotho and South Africa.

The project entails harnessing the waters of the Senqu/Orange River in the Lesotho highlands through the construction of a series of dams for the mutual benefit of the two countries.

Phase I of the LHWP, consisting of the Katse and Mohale dams, the ‘Muela hydropower station and associated tunnels was completed in 2003 and inaugurated in 2004. Phase II of the LHWP is currently in progress. It consists of two separate but related components: water transfer and hydropower generation.

The bilateral project which is estimated to cost at least M23 billion, is expected to provide about 3 000 jobs at the peak of its operations.

The water transfer component of Phase II comprises an approximately 165m high concrete faced rock fill Dam at Polihali downstream of the confluence of the Khubelu and Senqu (Orange) Rivers and an approximately 38km long concrete-lined gravity tunnel connecting the Polihali reservoir to the Katse reservoir.

Other Phase II activities include advance infrastructure (roads, accommodation, power lines and telecommunication) and the implementation of environmental and social mitigating measures.

However, the local communities in Mokhotlong, who have grouped themselves into the Survivors of Lesotho Dams (SOLD) organisation, are threatening to disrupt the dam construction if their demands for compensation are not met.

SOLD is a civic human rights organisation committed to promoting social justice among communities affected by dams, mines and other large infrastructure developments.

The organisation was established in 2004 after some of the communities affected by the LHWP Phase I were not compensated and others only received compensation 20 years after the completion of the Katse and Mohale dams.

Addressing the media in Maseru on Tuesday, SOLD National Coordinator, Lenka Thamae, said the organisation was watching the Polihali developments with keen interest.

Mr Thamae urged the LHDA to speedily review the compensation rates to respond to ensure justice was served.

“We are aware that the affected communities have been complaining that compensation is too little and inadequate,” Mr Thamae said.

He further called on the LHDA to ensure that the relocated communities were provided with clean water and sanitation before the dam construction starts.

“The LHDA must refrain from a capitalist mentality of development where tarred roads end within the project designated areas, leaving the villages close to the project without any development.

“We stand with our people that employment at the Polihali Dam must in the first instance, be given to the locals as a right.

“We have used the courts before to force the authority to come to the table and listen to the community’s grievances. We have enough numbers to ensure that the project comes to a standstill,” Mr Thamae said.

He added that it was unfortunate that the communities were being unfairly treated by being forced to surrender their land.

SOLD Organiser, Khapane Mohlomi, who was relocated from Ha Mohale to Ha ‘Nelese during the Phase I project, said they have forced the LHDA’s hand before and they would not hesitate to repeat that to secure a fair deal for the local communities.

“We have blocked the roads before and threatened to throw stools into the Katse Dam and these tricks have worked. The LHDA came to the table and we bargained. Even today, we are not going to sit back and watch while communities are being mistreated,” Mr Mohlomi said.

However, the LHDA’s Polihali Operations Manager, Gerard Mokone, is on record as saying, “The issue of lifetime compensation is out, let us not pretend over this matter”.

“This (giving lifetime compensation) has never happened anywhere in the world and we don’t think it’s going to happen here. Sometimes we have to face the facts and we must ensure ordinary citizens understand this instead of pushing them to make such demands,” Mr Mokone said, adding that the 50-year compensation offer was final.

He also said it was important for the nation to know that the constitution and the Land Act of 2010 gave the government the right to repossess land from individuals for public purposes and compensate for the loss.

He said the laws did not specify the duration of the compensation but only stated that the compensation must be prompt and fair.

Part 10, section 56 of the Land Act of 2010 states that “In all cases in which the implementation of this act results in compulsory acquisition of the property, the person deprived of such property shall be entitled to compensation at market value”.

The affected individuals have the option of receiving their compensation money as a lump sum or over a period of time.

Herbert Moyo

THE family of Lieutenant General Maaparankoe Mahao has written to the government requesting that he be posthumously reinstated as commander of the Lesotho Defence Force (LDF).

They also requested the government and the LDF to perform a “military honours ceremony” at his graveside in Mokema “befitting a soldier and officer of his rank”.

In an interview with the Lesotho Times last night, the newly appointed Lesotho Defence Force Commander, Lieutenant General Mojalefa Letsoela said the Mahaos’ request was being handled by the Ministry of Defence and had not yet been referred to his office.

“I will only know of the decision we are going to take when I receive a directive from the Ministry of Defence. For now, the Principal Secretary in the Ministry of Defence (Colonel Tanki Mothae) is in a better position to comment on the matter,” Lt-Gen Letsoela said.

However, Colonel Mothae was not reachable for comment on his mobile phone.

Lt-Gen Mahao was fatally shot by his erstwhile LDF colleagues on 25 June 2015 just outside Maseru. The LDF claimed Lt-Gen Mahao had resisted arrest for allegedly leading a mutiny when he was killed but that claim was dismissed as a hoax by a regional inquiry into his death.

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

Lt-Gen Mahao was appointed as LDF commander on 29 August 2014 after Prime Minister, Thomas Thabane, fired Lt-Gen Tlali Kamoli for alleged insubordination. However, Lt-Gen Kamoli rejected the dismissal challenging its legitimacy and proceeded to launch state a coup attempt in August 2014. The coup attempt kick started a chain of events that led to snap elections in early 2015.

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

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

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

The LDF claimed that Lt-Gen Mahao had been shot while resisting arrest over an alleged mutiny plot.  However, the army’s version was dismissed by both the soldier’s family and the Southern African Development Community (SADC) commission of inquiry headed by retired judge Mphaphi Phumaphi.

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

Justice Phumaphi’s 10-member commission carried out its investigations between 31 August and 23 October 2015 and found that Prime Minister Thomas Thabane’s appointment of Lt-Gen Mahao as army commander was legal. SADC recommended, among other things, that the government should investigate the killing of Lt-Gen Mahao and prosecute those found to be responsible.

In their 11 February 2018 letter to the Government Secretary, Moahloli Mphaka, the Mahaos requested that “by a Government Gazette, Lt-Gen Mahao must be reinstated posthumously as LDF Commander and at the rank of Lt-Gen”.

“Such a gazette is the right thing to do to correct the illegality committed by the previous government when it purported to remove and demote him from those positions without any basis in law.

“The family is also convinced that as part of righting the wrongs of the former government, it is proper for the LDF to perform the military honours ceremony at Lt-Gen Mahao’s place of interment at Mokema as befitting a soldier and officer of his rank.

“While it is common cause that the family prevented the former government and LDF Command from having any role in Lt-Gen Mahao’s funeral proceedings because we deemed them prime suspects in his planned assassination, we believe the time is now ripe for the ceremony. The changes that have occurred in government and in the command of the LDF provide an opportunity for Lt-Gen Mahao’s dignified send-off,” part of the letter states.

The family requested that the military send-off be held on and close to 25 June- the anniversary of Lt-Gen Mahao’s assassination.

The family also thanked the government for their cooperation with the family which has thus far seen the arrest of eight soldiers in connection with his murder among things.

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

Tefo Tefo

HIGH Court judge, Justice Molefi Makara, will today decide whether or not to release army officer, Mahanyane Phusumane, from prison where he is currently detained for allegedly shooting Lesotho Times editor, Lloyd Mutungamiri, in July 2016.

Phusumane (37) from Masowe, Maseru, is one of five army officers awaiting trial for the attempted murder of Mr Mutungamiri. The Editor was shot at his home in Upper Thamae in Maseru in the late hours of 9 July 2016 after knocking off from work.

His fellow accused are Brigadier Rapele Mphaki (47), Khutlang Mochesane (57), Nyatso Tšoeunyane (41) and Maribe Nathane (35).

Justice Makara on Monday reserved his judgment on whether to grant Phusumane bail to today after his lawyer Advocate Molise Molise had pressed for his release, arguing that he was not a flight risk and would therefore not flee the country.

Advocate Molise said Phusumane had conducted himself well from the time he was summoned to the office of the Military Police until he was hauled to court to face a charge of attempted murder. This showed that he would stand trial to finality if released on bail.

“The petitioner (Phusumane) explains that he was summoned to the Military Police where he was told to report himself to the police which he duly did,” Advocate Molise said.

“He cooperated with the police and he was taken to court for remand.

“All these events show that he is not a flight risk because if he had an intention to flee he could have done so the minute he was told to report himself to the police.”

Advocate Molise also told the court that his client qualified for bail on health grounds. His health book “clearly shows he has been suffering from a lung and breathing problem for a long time”.

“Even the respondent did not deny these averments. We submit that he should be released on bail because prison conditions are not conducive to his health.”

But the lawyer who is prosecuting the case on behalf of the crown, Advocate Thulo Hoeane, strongly opposed Phusumane’s bail application.

“Indeed, I assisted my learned friend to get the petitioner’s health book from the Lesotho Correctional Services (LCS).

“But I did not anticipate that my learned friend would come to court and try to interpret the contents of that book because he is not a medical expert.

“We do not deny that the petitioner is sick but it is only an expert who testify to the severity of the illness.

“The question is how to consider the severity of his sickness that can warrant his release on bail.

“LCS nurse, Chief Officer Mahanyane Putsoane made an affidavit and said the petitioner is regularly afforded treatment whenever he requires it. This health book is of not much assistance to his case to be released on bail,” Advocate Hoeane argued.

He also argued that the fact that Phusumane reported to the police when called upon to do so was not guarantee that he would not abscond if released on bail.

“Now that he knows that he is facing a serious charge of attempted murder, he can easily abscond if released on bail. His flight cannot be ruled out simply because he is a Lesotho citizen.”

After hearing the defence and prosecution arguments, Justice Makara set today as the day he would deliver his judgment.

Phusumane and his co-accused are in any event also expected to appear before the Magistrate’s Court today for the court to set the trial date for their attempted murder charge.

Their case will proceed before Senior Resident Magistrate, Phethise Motanyane, after it was re-allocated to him from Resident Magistrate, Polo Banyane, two weeks ago.

The post Court to make bail ruling in editor’s shooting appeared first on Lesotho Times.

Tefo Tefo

HIGH Court Judge, Justice Molefi Makara, on Monday cast doubts on the veracity of retired Director of Public Prosecutions (DPP), Leaba Thetsane’s testimony in a case where he is seeking an order to compel the Ministry of Law and Constitutional Affairs to return the official vehicle he used before his retirement.

Justice Makara said Advocate Thetsane’s submissions which were made through his lawyer, Attorney Qhalehang Letsika, were “unbelievable”.

This was after Attorney Letsika told the court that the police swooped on Adv Thetsane’s home last week and seized the vehicle in a movie style operation.

Instead of granting Adv Thetsane’s application, the judge ordered the respondents to appear before the High Court today to present their side of the story before he rules on the matter.

Heavily armed police officers raided Advocate Thetsane’s home in Thetsane in Maseru last Tuesday and forced him to hand over the official vehicle he used during his tenure as the DPP.

Advocate Thetsane, who served as DPP since 1999, was initially scheduled to retire on 28 June 2018 upon reaching the mandatory retirement age of 60 years.

However, the cabinet resolved that he retire with effect from 17 January this year and Advocate Hlalefang Motinyane was subsequently appointed acting DPP.

Adv Thetsane has since challenged that decision in the constitutional court.

Adv Thetsane then filed an application at the High Court on Monday seeking an order for the immediate release of the vehicle to him until his constitutional case has been finalised.

His lawyer, Attorney Letsika, asked the court to order the immediate release of the vehicle because it was taken unlawfully.

He said the nature of the application before court, which he termed as “the application for spoliation” (wrongful deprivation of another’s right of possession), warranted the court to make an order of restoring the situation as was before an unlawful act was committed.

The respondents include the Principal Secretary (PS) for the Ministry of Law and Constitutional Affairs Advocate ‘Mole Khumalo, the Ministry of Law and Constitutional Affairs and the Attorney General.

“The applicant is entitled to approach this honourable court and before anything can be done, His Lordship should order that the applicant’s possession of the car should be restored. Even if the court could decide whether he is entitled to the vehicle or not, he is entitled to a rule nisi (interim court order),” Attorney Letsika said.

He also told the court that the police arrived at Adv Thetsane’s home and seized the vehicle in a movie style operation.

It was at this juncture that Justice Makara said that “this scenario of the events” as described by Adv Thetsane’s lawyer “attracts some skepticism such that it calls for the other party to give its side of the story”.

“Basing on the scenario given by the applicant it is unbelievable that the government can act like that against its statutory employee.

“This leads to a thinking that in as much as a case has been made, there is skepticism that the government can act like that.

“However, the court orders that respondents should be served with papers and the best way is to expedite the matter because it sounds urgent,” Justice Makara said.

The judge further said the case could have been resolved through negotiations rather than through litigation.

“It is not in the interest of this country and the judiciary that cases like this one occupy a roll of court. It is one of the cases that can be resolved amicably to preserve the image of the country,” the judge said.

He ordered the lawyers to appear again in court today to enable the government to present its side of the story.

The post Ex-DPP’s testimony unbelievable, judge says appeared first on Lesotho Times.

Nthatuoa Koeshe

LESOTHO has thirty one rare diseases affecting a significant number of people, a situation which calls for support for the affected people and their families, the Rare Diseases Lesotho Association (RDLA) has said.

The RDLA is a non-profit organisation established last year to help patients affected by rare diseases access lifesaving treatment, receive better diagnosis, care and support services in an effort to reduce mortality.

In an interview this week, the RDLA Chairperson, Nthabeleng Ramoeli, said the rare conditions found in Lesotho include Autism or Autism Spectrum disorder which presents a range of conditions related to social skills such as repetitive behaviors, speech and nonverbal communication; Lupus and Hydrocephalus, which she described as the buildup of fluid in the cavities deep within the brain.

“We assist all people affected by rare diseases to access treatment, care and support for improved health and quality of life. Our work is focused on support advocacy and engagement between those with the ability to prevent, treat, provide care and support for patients and families affected by chronic and rare health conditions in Lesotho,” Ms Ramoeli said.

Ms Ramoeli explained a health condition was considered rare when it affected one person in a population of 2,000 people globally.

“Rare conditions are usually genetic mutation and not contagious although they can be genetically passed on from generation to generation,” she explained.

In partnership with medical researchers and other health professionals in the country and beyond, the association is able to understand more about the rare conditions to inform designing of their advocacy programmes.

“We work closely with the Ministry of Health and get assistance from the Mayo Clinic in the United States and in particular Dr Paldeep Atwal.”

The organization has also partnered with Rare Diseases South Africa; Ehlers Danlos Syndrome Society from UK and Genetic Alliance South Africa.

Through the support they get from partners, Ms Ramoeli explained that they are able to provide assistance to families who may not know where they can get medical help such as transplants. “So far we have assisted 30 patients and one of them was a serious case of a patient who needed a kidney transplant.”

Ms Ramoeli said rare diseases represent a large medical challenge due to limited services, when it comes to some of the conditions.

“They are life threatening and chronically debilitating conditions which require specialized and costly medical care,” she said.

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