’Marafaele Mohloboli

BARELY a year after the death of Justice ‘Maseshophe Hlajoane, the judiciary has once again been plunged into mourning after the sudden death of another High Court Judge Lebohang Aaron Molete.

He was 61. He is survived by his wife ‘Maboitumelo and two adult sons, Bereng and Tlotliso.

A family spokesperson, Advocate Mohale Thipe, said Justice Molete died on Saturday morning while being ferried to Willies Hospital, Maseru, for treatment for complications arising from a recent stroke.

“He (Justice Molete) recently suffered a stroke and he had been receiving medical attention until he passed away on Saturday morning,” Adv Thipe told the Lesotho Times.

“He was like a father to us in the family and his sudden departure has left a huge void and we are crippled and mystified as we try to find answers as to why he had to go so soon.”

The late Justice Molete was born on 2 February 1959. He studied for his BA (Law) and LLB Degrees from the National University of Lesotho from 1976 to 1980.

He joined the legal profession in 1982 doing his articles (a legal apprenticeship) with prominent law firm Webber Newdigate. He rose through the ranks and became a partner in the same law firm in 1989.

He has also worked as a consultant on the World Bank’s “Doing Business” project.

By 1994, he was specialising in commercial cases, labour as well as patent cases.

He became the first Mosotho judge to join the Commercial Division of the High Court in December 2010.

He was one of the presiding judges over the case of the slain Lesotho Electricity Company (LEC) internal auditor, Mr Thibello Nteso, who was murdered in 2017. The murder happened shortly after Mr Nteso had raised alarm over the misappropriation of M170 million at the power utility. The case is pending before the High court.

He also found himself at the centre of controversy over his handling of the controversial MKM saga in 2018 when thousands of MKM Star Lion Group investors demanded that he recuse himself from the case for allegedly conniving with the liquidators engaged after the investment scheme was shut down by the Central Bank of Lesotho (CBL).

MKM Star Lion Group was shut down in November 2007 by the CBL on the grounds that the company was illegally operating banking and insurance businesses. As a result, thousands of investors lost their money and the investors have a pending court case as they seek to recover their funds frozen by the CBL.

Justice Molete’s death comes barely a year since the passing on of Justice ‘Maseshophe Hlajoane, who died in March 2019. Their deaths have aggravated the chronic understaffing in the judiciary which is struggling to deal with a huge backlog of cases estimated to be in excess of 4000.

After the enforced departure of former chief justice Nthomeng Majara (see story on page 9), the deaths of Justices Hlajoane and Molete as well as the expected retirement of three judges at the end of the year, there will only be 10 judges left to deal with the huge backlog of cases.

Justice Molete will be laid to rest on Saturday at his Khubetsoana home in Berea.

The post Judge Molete dies appeared first on Lesotho Times.

Mohalenyane Phakela

FORMER Deputy Prime Minister Mothetjoa Metsing, former army commander Tlali Kamoli, and newly appointed Development Planning Minister Selibe Mochoboroane’s Constitutional Court application to stop the state from trying them for treason has been postponed to 11 June 2020.

Acting Chief Justice ‘Maseforo Mahase this week postponed the case to give Attorney General Advocate Haae Phoofolo time to file his papers in connection with the case.

This after Messrs Metsing and Mochoboroane’s lawyer, Adv Motiea Teele, had asked for the postponement to enable the new All Basotho Convention (ABC) and Democratic Congress (DC) governing coalition to state its position regarding the case.

“We are not trying to delay the trial but we seek a postponement to allow the new government to consider its position on the treason charges,” Adv Teele said on Monday.

Justice Mahase, who was the presiding judge, then postponed the case to 11 June 2020 to give Adv Phoofolo time to file his papers stating the new government’s position in connection with the case.

A new ABC-DC coalition government headed by Moeketsi Majoro was installed on 20 May 2020, replacing the former four party coalition headed by former premier Thomas Thabane.

Last month the Southern African Development Community (SADC) head of the facilitation team to Lesotho, Retired Justice Dikgang Moseneke, wrote to Mr Thabane, saying SADC wanted the trial stopped in line with a SADC-brokered 2018 agreement between the then government and opposition.

In terms of the October 2018 agreement, Mr Metsing and other opposition politicians are not supposed to be charged with any crimes until after the completion of the multi-sector reforms recommended by SADC in 2016.

Prior to the fall of his government, Mr Thabane had not stated whether or not the state would comply with the SADC position.

Justice Mahase and her Constitutional Court colleagues, Justices Semapo Peete and Molefi Makara had previously outlawed the October 2018 agreement.  But they have now been asked to rescind their judgment.

The treason case is in connection with the 30 August 2014 attempted coup against the first government of former Prime Minister Thomas Thabane.

The post Metsing, Mochoboroane ConCourt case postponed again appeared first on Lesotho Times.

Pascalinah Kabi

A FORENSIC investigation into the affairs of the Lesotho Electricity Company (LEC) has revealed deep rooted malfeasance within the power utility including fraud, theft and corruption.

According to the December 2018 confidential report by South African consultants SNG Grant Thornton, the LCE is owed M110, 1 million by its various unnamed debtors. SNG’s findings have not been made public but the Lesotho Times this week saw a copy of the confidential report.

Apart from the debts, four companies belonging to some senior LEC managers were awarded tenders ranging from M53 000 to M181 000. This is against corporate governance practices which forbid employees from bidding for tenders in their own organisations.

In another development, two companies – Lucy Switchgear and Free State Transformers – were irregularly awarded contracts of M4, 5 million and M12, 2 million respectively. Lucy Switchgear was awarded a contract to supply LEC with ring main units (RMUs) without going to tender. An RMU is a sealed, gas-insulated compact switchgear unit.

Free State Transformers was awarded a tender to supply the LEC with transformers valued at M12 million. This was despite that the company contravened the tender rules by only submitting its security bid a day after the deadline of 23 August 2013.

In another instance, a company called CBI was awarded an M8, 6 million tender to supply the LEC with conductors without going to tender.

“Procurement of the conductor should have gone to tender because the value exceeded the threshold of M100 000,” the SNG report states. LEC procurement policies state that any tender worth more than M100 000 must go through the tendering processes.

These and a host of other financial irregularities paint a bleak picture of how the LEC is governed.

The SNG report is titled “Executive Summary: Governance Review, Turnaround Action and Investigations on behalf of Lesotho Electricity Company: Strictly Confidential”.

It follows a similar report issued in 2017 by the LEC’s internal audit department (IAD) which detailed the rot that has taken root at the parastatal. The report called upon the then new LEC board to send a strong message to the parastatal’s management that any forms of malfeasance would no longer be tolerated at the state-owned utility tasked with the generation and distribution of power in Lesotho.

The current board is led by National University of Lesotho (NUL) professor of physics, Molibeli Taele.

In an interview with this publication soon after the 2017 report leaked, the then LEC board chairperson Refiloe Matekane said he had inherited a mess at the LEC and would do all in his power to restore the parastatal to prudence and financial viability for the benefit of the country.

The confidential internal audit report also painted a picture of a dysfunctional organisation where poor corporate governance practices had allowed employees to increasingly engage in fraudulent activities ranging from small misdemeanours to huge frauds and corruption of as much as M170 million.

The embezzlement of M170 million is suspected to be the cause of the assassination of the LEC’s head of internal audit, Thibello Nteso, who was shot and killed early 2017 after he raised the alarm bells over the corruption at the parastatal.

The indiscipline and corruption of LEC staff resulted in them connecting electricity illegally to consumers in exchange of bribes and failing to pursue debts owed to the parastatal.

Some LEC employees had been paid huge gratuities in excess of M500 000 despite that they do not qualify for such benefits while illegal payments of as much as M400 000 had been made to lawyers.

The LEC’s company secretary Adv Retsepile Ntšehlele yesterday confirmed the authenticity of the latest LEC report prepared for the power utility by SNG.

He said the investigation of the LEC’s rot was prompted by previous adverse external and internal auditors’ reports.

He said the investigators had helped the LEC board to appreciate the “magnitude of the rot within the LEC”.

“That report is still confidential and I don’t know how it got leaked. I find it shocking that it is now in the hands of the media,” Adv Ntšehlele said.

“The board decided to engage an investigator so that we fully understand the kind of an organisation that we would be directing when we came in. We needed to understand the level of ill-discipline within the LEC which brought about this state of affairs.

“The investigation helped us to appreciate the magnitude of the laxity within the LEC. For instance, we did not know that two vehicles are missing. These are some of the dynamics we are grappling with,” Adv Ntšehlele said.

He said the LEC board of directors decided to engage SNG in May 2018 to “perform corporate governance review, advise on turn around action and conduct investigations on behalf of the LEC”.

SNG was further required to assist the LEC with recommendations to address the identified anomalies of poor ethics, corporate governance failure, theft, fraud, corruption, lax controls and loss of revenue.

In its report, SNG said some debtors had still not paid the LEC despite their debts being long overdue.

“About M25, 3 million (is outstanding) for financial year 2016, another M33, 9 million for financial year 2017 and M50, 9 million for the financial years 2018. This poses a risk that assets in the annual financial statements are overstated by debt that is not recoverable.

“We noted that the disconnection strategy was discontinued and currently disconnections are not implemented and this was allegedly on the instruction of a Mr Nkhahle. As a result of this, there is limited recoverability of debt from customers because there are no disconnections,” the report states.

The report recommended that the LEC should ensure that debtors’ files are complete and updated regularly.  It also said the physical files should be updated so that they can be used in case of system failure.

The investigators also recommended written contracts signed by the LEC and their suppliers so that rights and obligations can be enforced in instances of breach of contracts.

Commenting on the issue, Adv Ntšehlele told this publication that the LEC had put itself in a difficult position by failing to recover the debts “because you cannot be in business and fail to collect debts from your debtors”.

He said some of the LEC’s policies including the procurement policy were obsolete, adding they had to be revised to keep up with the changing times.

SNG also discovered that four LEC employees – Mongali Tlali, Tšepang Tlaitlai, Manei Mohasi and Thabo Monaheng – owned companies that had direct dealings with the LEC.

Mr Tlali’s Fahrenheit Construction was awarded a M139, 000 tender; Mr Tlaitlai’s Simply Green got a M181, 600 contract; Mr Mohasi’s Main Powerline Electrical Co was awarded a M149 000 contract while Mr Monahaneng’s Fedics Services Lesotho was also awarded a M53, 200 tender. It is however, not stated what the tenders were for and which year they were awarded.

“We did not receive declarations of conflict of interest forms from the following individuals (of) Mongali Tlali, Manei Mohasi and Thabo Monaheng. This poses a risk in that the LEC staff are conflicted in the business processes within LEC,” the report states in reference to the tenders.

The report also notes that some LEC procurement staffers received gifts from known LEC suppliers and said this compromised their independence and judgement whenever they had to deal with the said suppliers. Those who received gifts were named as Mohale Peter Mohale, Matsepo Lekhoaba, Lekopa Mokoena, Sarah Motloung, Nandi Monokoa and Mantsukunyane Tšiu.

SNG recommended that LEC should revise its procurement policy to the number of gifts that could be received from suppliers as well as the value of such gifts to ensure the LEC’s procurement department’s independence and integrity was not compromised.

Adv Ntšehlele said the LEC had already commenced disciplinary proceedings against Messrs Tlali, Tlaitlai, Mohasi and Monaheng. He said dismissal had been recommended for one of them while the others’ fate is yet to be determined.

“The sad part about investigations is that you will, be attempting to deal with a situation when the horse has already bolted. There is nothing we can do except to take action against the (errant) employees.

“Our main focus is stemming the rot at managerial level because the ethical tone of a company is set at the top before it cascades down to all and sundry,” Adv Ntšehlele said.

The post “Deeply rooted fraud and corruption” at LEC – report   appeared first on Lesotho Times.

• former first lady sent to prison after top court revoked her bail

Mohalenyane Phakela

FORMER First Lady ‘Maesaiah Thabane is now languishing in remand prison.

She was jailed yesterday – ahead of her trial for the murder of her husband Thomas Thabane’s ex-wife, Lipolelo – after the Court of Appeal revoked her bail last week because it had been irregularly granted.

The normally ebullient ‘Maesaiah cut a lonely and disconsolate figure in the dock even before Maseru Magistrate Thamae Thamae began proceedings to send her to prison.

On Friday 29 May 2020, the Court of Appeal nullified the M1000 bail she was controversially granted by Acting Chief Justice ‘Maseforo Mahase on 5 February 2020. The apex court ruled the bail had been unprocedurally awarded without any due consideration of the seriousness of the crime she is accused of.

The apex court ruled that the High Court should hear ‘Maesaiah’s bail application afresh. This time under a different judge and not Justice Mahase.

This means that until the bail application is heard afresh, ‘Maesaiah will be cooling her heels in prison.  She cannot legally apply for bail while outside prison, hence magistrate Thamae’s order to send her to remand prison yesterday.

Shortly after the Court of Appeal verdict last Friday, Deputy Police Commissioner (DCP) Paseka Mokete had told the Lesotho Times’ sister Sunday Express newspaper that they were now searching for Ms ‘Maesaiah with a view to handing her over to the Lesotho Correctional Service (LCS) for detention until a fresh bail application is heard. She was said to be in South Africa on undisclosed business and weekend reports in that country’s media even claimed she had fled into exile.

But the former first lady showed up at the Maseru Magistrates’ Court in the company of six police officers from the Mokete-led Criminal Investigations Division (CID) to learn of her latest fate.

“She (‘Maesaiah) was brought to the police this morning at about 9.30am by her lawyer (Adv Rethabile Setlojoane) and we took her to the magistrates’ court,” DCP Mokete told the Lesotho Times yesterday.

Although her nose and lips were covered by a mask, she wore in compliance with the public health regulations to stop the spread of the deadly Coronavirus (Covid-19) pandemic, one could tell that all was not well with the normally effervescent ‘Maesaiah. She did not engage in her usual banter with the media. Instead of posing for pictures as she usually does, she slumped into her seat and refrained from any eye contact with the police officers, judicial officers and journalists in the courtroom. Her husband Mr Thabane and his All Basotho Convention (ABC) party allies were not there for her in her darkest hour, possibly due to the restrictions on court attendances imposed as part of the Covid-19 fight.

She did not even have legal representation when the court convened. It is not clear why her lawyer was not present in court yet he had initially accompanied her to the police. A lawyer from the Director of Public Prosecutions, Advocate Lepeli Molapo, told the court that ‘Maesaiah was appearing to be remanded in custody after her bail was set aside by the Court of Appeal.

Adv Molapo said she had a right to file a fresh bail application but could only do so from custody since her 5 February 2020 bail had been revoked by the apex court.

“Pursuant to Court of Appeal judgement of 29 May 2020, bail proceedings which had been lodged by the accused (‘Maesaiah) were reviewed and set aside,” Adv Molapo said.

“The logical conclusion is that the accused is no longer out on bail. In that respect, we brought her to be remanded in custody pending the hearing of her bail petition,” added Adv Molapo.

Magistrate Thamae then remanded ‘Maesaiah in custody and ordered her to reappear for her routine remand on 16 June 2020.

“The decision of the High Court to grant you bail has been set aside by the Court of Appeal. Unless released again by the High Court, you will remain in the correctional service facility. You will report back on 16 June 2020 to find out the progress of your case, do you understand,” Magistrate Thamae said.

With an unusually low voice, ‘Maesaiah replied, “Yes I understand”.

Magistrate Thamae then ended the court proceedings and the CID police officers wasted no time in whisking away ‘Maesaiah to their waiting vehicle. They ferried her to the female section of the Maseru Central Prison where she will remain detained until she files a fresh bail application.

DCP Mokete later said “we expect her to reapply for bail and we will wait for her to serve us her papers so that we can oppose”. The police are adamant the former First Lady will plot against witnesses if left free.

‘Maesaiah stands accused of the 14 June 2017 murder of Lipolelo. She has also been charged with the attempted murder of Ms Sibolla, with whom Lipolelo had been travelling, when she was gunned down in cold blood at Ha-’Masana, Maseru. Ms Sibolla sustained some injuries in the incident which occurred just two days before Mr Thabane’s inauguration for his second stint as premier.

Mr Thabane has been charged with the same crimes but he is yet to appear alongside ‘Maesaiah after he was on 26 February 2020 granted leave by senior resident magistrate Phethise Motanyane to file a Constitutional Court application to stop the courts from trying him for the murder while he remained in office as premier.

But Mr Thabane is yet to file the said application which will now only be of academic interest, if he opts to proceed with it, as he is no longer premier after he was forced out by his own ABC party last month.

It remains to be seen if and when Mr Thabane will be charged by the DPP, whom the police blame for scuttling proper prosecution of the case. DCP Mokete said the police had done their part in investigating him and it now remained for the DPP, Adv Hlalefang Motinyane, to charge him alongside his wife.

The former first couple is accused of murdering Lipolelo because of ‘Maesaiah’s alleged impatience to become official First Lady in the wake of Mr Thabane’s June 2017 return to power and his protracted divorce proceedings from Lipolelo. The courts had earlier ruled that Lipolelo remained the rightful First Lady, entitled to all the benefits of that office, until the divorce proceedings had been finalised, a development said not to have sat well with ‘Maesaiah.

The speed with which the former first couple rushed to consummate their marriage soon after Lipolelo’s burial had also been questioned.

The police insist Mr Thabane and ‘Maesaiah were the only ones with a clear motive to eliminate Lipolelo.  They were the only ones to benefit from her demise.  But Mr Thabane vehemently rejected the allegations in a previous interview with the Lesotho Times declaring “we don’t kill people” in reference to himself and his wife.

Her incarceration yesterday marked the lowest point for ‘Maesaiah who had become accustomed to a jet set lifestyle as the ex-Prime Minister’s loyal companion. She had also become used to a life of splendour in State House, where critics accused her of directing the affairs of state, taking advantage of her elderly and frail husband, now 81.

She had always stood by her man including when they both fled into exile in the wake of the 30 August 2014 attempted coup against the first Thabane government by soldiers under the command of the then army commander, Lieutenant General Tlali Kamoli.  They were to spend nearly two years in exile in Ficksburg, South Africa, before returning to assume the reins of power once more after Mr Thabane won the June 2017 snap elections. Incidentally, Lt-Gen Kamoli is also in remand prison awaiting trial for various crimes including the June 2015 murder of former army commander, Lt-Gen Maaparankoe Mahao.

The apex court ruling revoking ‘Maesaiah’s bail vindicates Ms Sibolla and some members of Mr Thabane’s family who teamed up to petition the court to nullify her bail, alleging the decision had been rigged.

Shortly after being charged and remanded in custody by Maseru magistrate Nthabiseng Moopisa on 5 February 2020, Ms Thabane was granted bail by acting chief justice, ‘Maseforo Mahase, under highly controversial circumstances.

Aggrieved by Justice Mahase’s bail decision, Ms Sibolla teamed up with Mr Thabane’s grandson, Thomas Thabane Jr, and two others to petition the Court of Appeal to revoke the bail. Thabane Jr is the son of Mr Thabane’s second son, Potlako Thabane. They were joined in the apex court application by Mr Thabane’s nephews, Khauhelo Molapo and Thuto Makhooane.

Justice Mahase, Ms Thabane, the Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane, Attorney General Advocate Haae Phoofolo and Police Commissioner Holomo Molibeli were the first to fifth respondents respectively in the apex court application.

In its 29 May 2020 judgement, the apex court cast serious aspersions on the character of ‘Maesaiah, suggesting there was a likelihood she could interfere or even kill Ms Sibolla.

In setting aside the bail, it ruled that the High Court should hear ‘Maesaiah’s bail application afresh. This time under a different judge and not Justice Mahase.

The appeal was heard on 20 May 2020 by Justices Johann Van der Westhuizen (from South Africa), Petrus Damaseb (Namibia) and Moses Chinhengo (Zimbabwe).

Their verdict was read out on 29 May 2020 by Court of Appeal president Justice Kananelo Mosito who said, “the decision of the High Court to grant bail to the second respondent (‘Maesaiah) is set aside and the bail is referred back to the High Court to be determined by a judge other than the first respondent (Justice Mahase)”.

“The High Court is directed to enrol the matter for hearing in open court on the basis of urgency. The third respondent must pay the applicants’ costs (in the review).”

The Court of Appeal ruling harshly chastises Justice Mahase for granting the former first lady bail without giving the state an adequate opportunity to oppose it.

The police said they had planned to oppose bail because they believed ‘Maesaiah was a flight risk as she had already skipped the country after being called in for questioning in January 2020. Now that she had been formally charged, she would have reason to abscond permanently, the police had wanted to argue. But they were not given a chance as the bail proceedings were apparently stampeded to benefit ‘Maesaiah.

The bail was granted at about 5.30 pm on 5 February 2020 well after the High Court’s accounts department, which receipts bail cash, had closed at 3.30pm.

Instead of being kept in custody pending the payment of the bail money the next day, ‘Maesaiah was allowed to go home, a decision criticised as a mockery of justice. The bail deposit receipt was only issued the following day when ‘Maesaiah was already at home.

The judges also blasted DPP Motinyane for her failure to lodge a comprehensive application opposing ‘Maesaiah’s bail. She was criticised for merely concentrating on the issue of ‘Maesaiah not being a flight risk while ignoring more critical issues including the submissions by DCP Mokete and the police’s legal department that ‘Maesaiah could even kill Ms Sibolla and interfere with witnesses.

Such omissions were “fatal” as they had resulted in a flawed judgement by Justice Mahase, the apex court said. But despite DPP Motinyane’s omissions, Justice Mahase was still “duty-bound to inquire as to what she needed to know” to make an informed decision. She had dismally failed to do so, the court ruled.

The judges also cast serious aspersions on the character of ‘Maesaiah who during her heights as first lady, became infamous for her garrulous streak, publicly belittling and berating anyone who stood in her way despite their age or station in life.   The court suggested that if she remained free on bail, there was a possibility she could interfere with witnesses or even kill Ms Sibolla to stop her testifying against her.

The post ‘Maesaiah jailed appeared first on Lesotho Times.

Ntsebeng Motsoeli

POLICE and Public Safety Minister ‘Mamoipone Senauoane has called on Police Commissioner Holomo Molibeli to expedite investigations into the near-fatal shooting of Movement for Economic Change (MEC) legislator, Thabo Ramatla, a fortnight ago.

Mr Ramatla escaped death by a whisker when unknown gunmen pulled up at his business premises in Mafeteng and repeatedly shot at him on 13 June 2020. He was hospitalised with gunshot wounds to the head.

Even though he was shot in broad daylight, the culprits are yet to be caught and no arrests have been made so far. On Monday, a tearful Mr Ramatla made an emotional return to the National Assembly where he bemoaned the apparent police laxity in investigating his shooting.

He said it was sad that Prime Minister Moeketsi Majoro had not checked up on him and that his own MEC had not reported the incident to the speaker of parliament, Sephiri Motanyane.

“I was shot in broad daylight between 9 and 10am,” Mr Ramatla said.

“However, it is baffling that a person of my status in His Majesty’s nation has not been checked upon by the Honourable Prime Minister after the incident.

“I am very disappointed that even your (Mr Motinyane’s) office was not informed about my shooting by anyone, especially my political party. I am therefore informing you now because this is the only platform where I can pour my heart out that a person of my status in Lesotho was shot and my shooting is not known and I am treated like a dog. I am hurting and this leaves me wondering what happens to ordinary people when us, their leaders, are treated this way.

“I would like to tell the Minister of Police (Ms Senauoane) that nothing has been done for me, Mahapu Thabo Ramatla, by the police. If justice is not served in this country, it will be served by God,” said Mr Ramatla.

The legislator’s impassioned plea was met with choruses of sympathy by fellow MPs from across the political divide.

Mr Motanyane also expressed sadness over Mr Ramatla’s shooting which he said had not been reported to him. He wished the legislator a speedy recovery.

On her part, Ms Senauoane said investigations were underway and she had organised a face-to-face meeting between Mr Ramatla and Commissioner Molibeli to further discuss the case. However, she did not say when the meeting would be held.

“The truth is that investigations were already underway even though progress has been slower than Ntate Ramatla would have wished. I have asked the police commissioner to personally handle the matter to expedite the investigations. I have also arranged a one on one meeting between him and the commissioner,” Ms Senauoane said.

Mr Ramatla’s mysterious shooting is one of many such unsolved shootings which have plagued the nation in recent years. Last October, 69-year-old Nkopane Mokhesi and his four grandchildren were gunned down by unknown gunmen in Ha Molungoa, Maseru.

Before then in September 2019, well-known former policeman, Makoae Moshoeshoe, was also gunned down in cold blood by an unknown gunman, just to mention but a few.

The police almost always do nothing in these shootings even if affected families plead with them to investigate. The Lesotho Times will carry a special report on this matter next week.

The post Expedite probe into MP’s shooting, Molibeli urged appeared first on Lesotho Times.

Nthatuoa Koeshe

THOUSANDS of Lesotho Special Permit (LSP) holders and other asylum seekers are set to receive M350 grants over a six-month period from the South African government to cushion them from the effects of the Coronavirus (Covid-19) pandemic.

This follows an 18 June 2020 judgement by Pretoria High Court Judge Selby Baqwa ordering that special permit holders and asylum seekers be given the grants.

The grants were announced on 21 April 2020 by President Cyril Ramaphosa as a stop gap measure to assist those adversely impacted by the lockdown. They will be paid over a six month period.

Only South Africans, permanent residents and refugees were allowed to access the grants.

But in a case brought before him by the Scalabrini Centre of Cape Town –  a non-governmental organisation advocating the rights of asylum seekers, migrants and refugees – Judge Baqwa ruled that it was unconstitutional for asylum seekers and special permit holders to be excluded from accessing the grants.

In her court papers, Scalabrini’s executive director, Marinda Madikane, had argued that asylum seekers and special permit holders had also been adversely affected by the economic shutdown aimed at preventing the spread of Covid-19 which had infected 106 108 people and caused 2102 deaths in South Africa by yesterday.

The South Africa government ordered a nationwide lockdown on March 27 leading to massive job losses, reduced earnings and pushing many families into hunger.

Only essential personnel were allowed to work as the country came to a virtual standstill.

Foreign nationals faced a Catch 22 situation as they could neither work nor leave the country because of the closure of the country’s borders.

Therefore, it made no sense that asylum seekers and those with special permits from Lesotho, Zimbabwe and Angola were excluded from the grants given to South African citizens, Ms Madikane argued.

“The centre had received around 1400 calls requesting food and financial assistance for rent and electricity over the first six weeks of  the lockdown,” she said.

In his 18 June 2020 judgement, Justice Baqwa declared that directions issued by Social Development Minister Lindiwe Zulu were unconstitutional and unlawful in as far as they excluded asylum seekers and special permit holders from accessing the grants.

Justice Baqwa gave the minister five days to quantify the costs of extending the grants to the asylum seekers and special permit holders and another five days to publish the amended regulations.

An estimated 400 000 Lesotho nationals are believed to be residing in South Africa although just over 100 000 of these are LSP holders.

The post Lesotho nationals to receive SA Covid grants appeared first on Lesotho Times.

…former first lady’s friend faces jail, fine for the offence

’Marafaele Mohloboli

A CLOSE friend of the former First Lady ‘Maesaiah Thabane faces an M5 000 fine and two years’ imprisonment after being caught attempting to smuggle alcohol to Ms Thabane.

Lesotho Correctional Services (LCS) spokesperson Superintendent Neo Mopeli yesterday told the Lesotho Times that the culprit, Ntebo Ralekuku, will be charged alone. The incident happened on Monday while ‘Maesaiah was still in remand prison awaiting trial for the 14 June 2017 murder of her husband, former Prime Minister Thomas Thabane’s ex-wife, Lipolelo. She was released on bail on Tuesday after her application was granted a day earlier by High Court Judge Thamsanqa Nomngcongo.

Supt Mopeli said Ms Thabane narrowly escaped prosecution because the alcohol was confiscated before it had reached her.

He however, said they could not rule out the possibility that she may have received the alcohol at some point during her near month-long incarceration which ended after she was freed on bail on Tuesday.

He said although they could not say for certain, it was possible that had previously smuggled in alcohol for Ms Thabane.

“Ms Ralekuku faces two years imprisonment, a M5 000 fine or for bringing some alcohol for her friend ‘Maesaiah while she was still in custody,” Supt Mopeli said.

“She (Ralekuku) is the only one who is being charged because the alcohol was confiscated before it reached her friend.

“Had the alcohol been found on her (‘Maesaiah) she would also have been charged. However, there is a possibility that this could not be the first time that alcohol has been smuggled in for the same inmate. We have decided to focus on this particular case where we have tangible evidence.

“There are certain items that are not allowed inside our facilities and alcohol is not one of them. it is clearly stipulated in our laws that anyone found in possession of alcohol commits an offence and is liable to prosecution. If convicted that person can be slapped with a M5 000 fine or two years in prison or both,” said Supt Mopeli.

Asked why they suspected alcohol could have been previously smuggled to ‘Maesaiah, Supt Mopeli said there was a time they became suspicious of the behaviour of the former first lady after she and her cell mates started talking boisterously at the top of their voices.

“From that point on, our officers became suspicious but there was nothing that could be done as there was no tangible evidence. Our officials won’t be charged for negligence over the incident because it is likely that due to social distancing to fight the Covid-19 pandemic, people could have taken advantage of the fact that no thorough searches were conducted.

Meanwhile, Police spokesperson Supt Mpiti Mopeli said they were investigating reports that Ralekuku had attempted to smuggle in the alcohol concealed in fruit boxes along with food to ‘Maesaiah.

“It is said that Ralekuku was busted on Monday by vigilant officials who had been suspicious of her from her previous visit on Saturday,” said Supt Mopeli.

The post Prison authorities foil plot to smuggle alcohol to ‘Maesaiah appeared first on Lesotho Times.

Mohalenyane Phakela

JUDGE Molefi Makara says the Southern African Development Community (SADC) cannot dictate terms to Lesotho’s judiciary as it is an independent institution.

SADC has through its interlocuter, retired South African Deputy Chief Justice Dikgang Moseneke, asked Lesotho to stop all prosecutions of politicians until after the completion of the multi-sector reforms it recommended in 2016.

But Justice Makara this week strongly slated the regional body. He said SADC could say “whatever it wished” on critical issues like the October 2018 agreement between the government and the opposition to defer all criminal trials of politicians. However, Lesotho’s judges would pass their judgements on the basis of the law and not the regional body’s directives.

Justice Makara made the remarks during the Constitutional Court application by politicians, Mothetjoa Metsing and Selibe Mochoboroane, for the court to rescind its 22 November 2018 judgement outlawing Clause 10 of the government-opposition agreement stipulating that politicians cannot be tried for any crimes until after the implementation of the multi-sector reforms.

The October 2018 agreement between former Prime Minister Thomas Thabane’s government and the opposition was brokered by SADC.

Clause 10 of that agreement states that “Mr Metsing and similarly placed persons in exile will not be subjected to any pending criminal proceedings during the dialogue and reforms process”.

Messrs Metsing and Mochoboroane want to use Clause 10 to avoid being tried for treason until after the completion of the reforms process.

They were charged with treason alongside former army commander Lieutenant General Tlali Kamoli and an army officer, Captain Litekanyo Nyakane, over the 30 August 2014 attempted coup against the first government of former Prime Minister Thabane. Mr Metsing’s Lesotho Congress for Democracy (LCD) was in coalition with the All Basotho Convention and Basotho National Party.

He was deputy prime minister at the time of the attempted coup while Mr Mochoboroane was Communications minister and LCD secretary general. Mr Mochoboroane is currently the leader of Movement for Economic Change and the Minister of Development Planning.

Lt-Gen Kamoli and Captain Nyakane are already in prison awaiting trial for the murder of police Sub-Inspector Mokheseng Ramahloko during the attempted coup.

The treason trial failed to take off in the High Court on 25 February 2020 after Messrs Metsing and Mochoboroane filed a Constitutional Court application for an order barring the Director of Public Prosecutions, (DPP) Advocate Hlalefang Motinyane, from prosecuting them because of the October 2018 agreement.

Justice Moseneke subsequently penned a letter to then Prime Minister Thomas Thabane, saying SADC was against the plans to prosecute Messrs Metsing and Mochoboroane.

In his strongly worded 29 March 2020 letter, Justice Moseneke informed Mr Thabane that “any action or process in contravention of the letter and the spirit of the government-opposition agreement will not be welcomed by the SADC”.

At the time of the collapse of his government on 11 May 2020, Mr Thabane had not acted on Justice Moseneke’s directive nor had he publicly pronounced himself on the issue.

But in a clear rebuttal of SADC and strong restatement of the judiciary’s independence on Tuesday, Justice Makara said the constitutional bench will pass its judgement on Messrs Metsing and Mochoboroane’s application, basing itself on the interpretation of the law and not Justice Moseneke or SADC’s wishes.

“SADC can say whatever it wishes to say but at the end of the day we, as judges, will apply our minds on the law visa-a-vis the 2018 memorandum of understanding. Retired Justice Moseneke is our senior and we respect him, but he cannot usurp our powers, hence I ask whether he endorsed the (2018 government-opposition) agreement in his capacity as a judge or not,” Justice Makara said.

Justice Makara was part of the Constitutional Court bench which outlawed this particular clause 10 after the late police constable Mokalekale Khetheng’s father, Thabo Khetheng, petitioned the court to declare it unconstitutional saying self-serving agreements between politicians could not outstrip the constitution. PC Khetheng was killed by fellow police officers on 26 March 2016.  Justice Makara presided over the 2018 application by Mr Khetheng alongside Acting Chief Justice ‘Maseforo Mahase and Justice Semapo Peete. The trio is now being asked to set aside its 2018 verdict.

Before Justice Makara’s remarks on Tuesday, Messrs Metsing and Mochoboroane’s lawyer, Advocate Motiea Teele, had argued that his clients should have been cited as respondents when the constitutionality of clause 10 was first challenged in November 2018.

“The memorandum of understanding (between government and political leaders) clearly mentions the first applicant (Mr Metsing) and I am perplexed as to how he was not cited or served when clause 10 was challenged,” Adv Teele said.

“Section 12 of the constitution is clear that all persons should be given a fair trial. Even if Mr Metsing was out of the country then, service of the application should have been done at his usual residence. The court should not have gone ahead with the matter in 2018 because the applicants (Messrs Metsing and Mochoboroane) were not cited as respondents.

“The second applicant (Mr Mochoboroane) explains in his affidavit that he participated in the negotiations which led to the memorandum. It was necessitated by the fear that prosecutions would be weaponised against politicians,” Adv Teele argued.

He further argued that the duo should not be prosecuted because the government was bound to obey commitments it had made to the opposition in terms of the October 2018 agreement.

“Clause 10 does not violate the constitution. It would not be right to elevate it to some complex legal document that can be interrogated through the constitution. The 2018 memorandum was a deadlock breaking mechanism on the reforms.  It was a politicians’ agreement to arrive at some understanding for the sake of peace. It is the fundamental requirement of the constitution that the government must obey its undertakings,” Adv Teele argued.

DPP Motinyane’s lawyer, Adv Christopher Lephuthing, objected saying that Mr Mochoboroane had no legal authority to challenge clause 10 because it only catered for politicians who were in exile at the time the government-opposition agreement was signed.

“Mr Mochoboroane was never in exile and he was never contemplated in the agreement. He wants to intervene in a completed matter. The pragmatic approach is to separate Mochoboroane from Metsing because their circumstances are different,” Adv Lephuthing said in his point of law.

The hearing continues today and Adv Teele is expected to continue with his submissions before Adv Lephuthing responds.

The post SADC can’t dictate to us: judge appeared first on Lesotho Times.

Nat Molomo

CONVICTED double ritual murderer Lehlohonolo Scott has been sentenced to life imprisonment without the possibility of parole.

This after High Court Judge Teboho Moiloa on Tuesday found him guilty of murdering fellow Koalabata residents, Moholobela Seetsa (13) and Kamohelo Mohata (19), in January and June 2012 respectively.

Scott’s co-accused mother, ‘Malehlohonolo received a much lighter sentence. Justice Moiloa said she was an accessory to the crime as she had assisted Scott to commit murder. He sentenced her to 10 years but three of these were suspended. This means that she will serve an effective seven years behind bars.

“I accordingly sentence accused number one (Scott) to life imprisonment without parole,” Justice Moiloa said.

He also sentenced Scott to five years in prison for the unlawful escape from the Maseru Central Prison on 14 October 2012 while awaiting trial.

“On count three (unlawful escape from custody), the accused is sentenced to five years in prison. The court takes into account that careful planning was executed with the help of external people to help accused number one (Scott to escape).”

Justice Moiloa said Scott fled to South Africa where it was difficult to find him, adding that this indicated that Scott must have had access to highly placed persons who helped him to escape.

Justice Moiloa said Crown Counsel Advocate Gareth Leppan told the court that Scott was extradited to Lesotho by South Africa in 2015 on condition he would not be sentenced to death if found guilty.

“When Scott was extradited the government of Lesotho gave an assurance that Scott would not be sentenced to death and on the basis of that assurance the crown was restrained from pressing for the death penalty.

“I take it that the government of Lesotho made an undertaking to a foreign power to enable the accused to stand trial and in my view, it is important that he stood trial. The crown counsel (Mr Leppan) asked that I impose life sentence on Scott.

“Mr Leppan’s submission is sound. I accordingly sentence accused number one (Scott) to life imprisonment without parole. To remove doubt about the life sentence, accused number one must spend all his life in prison.”

He also deplored the callousness of the murders, saying they must have been premeditated.

“The murders must have been premeditated. Some parts of the body, like the lobe and the heart, were taken off and he (Scott) did not disclose where they are. What we do know is that some of these body parts were taken to their families for burial while others were not.

“Pain and fear must have overwhelmed the victims who were aged 13 and 19 and took Scott as their brother and neighbour.

“Scott showed no remorse about the two killings. He went out to deceive the court by telling lies in his defence. Sometimes he seemed to be enjoying and pleasing those listening to him,” Justice Moiloa said.

Scott and his mother did not show any emotions as the judge delivered the verdict.

‘Malehlohonolo was visibly ill and had to be helped to stay on her feet by her other son, Rethabile, who had carried her into the courtroom for sentencing.

She has previously been diagnosed with arthritis.

Justice Moiloa said she was an accessory to the crime as she had assisted Scott to commit murder.

“I take into account that your (‘Malehlohonolo’s) health is very poor. On the other hand, you are a parent and you are supposed to be responsible for the upbringing of your son. You have a responsibility to God.

“Like a parent, you should have considered the pain to be suffered by the parents’ victims but you ignored it. Someday you will have to face Almighty as we all shall.

“I would not have hesitated to give you a life sentence but I sentence you to 10 years imprisonment suspended for three years on condition that you are not found guilty of any offence in that period,” Justice Moiloa ruled.

Before they were sentenced on Tuesday, their lawyer, Adv Thulo Hoeane, said that Scott acted under the influence of unnamed high-profile people. He however, said there were no extenuating circumstances in the case.

However, Justice Moiloa ruled out the submission and said that it should have been presented as evidence during the trial.

The sentencing brings to an end a case which had dragged on since 2012. After almost two years on the run, Scott was arrested in Durban in 2014. He was extradited to Lesotho on 21 October 2015 and had been in custody while the trial continued.

Justice Moiloa first reserved judgement on 29 October 2019 and promised to deliver it in February 2020. He however, failed to do so as he was still writing the judgement. He eventually delivered the verdict on Tuesday.

The post Ritual killer Scott gets life sentence appeared first on Lesotho Times.

Staff Reporter

THE 13 June 2020 near-fatal shooting of Movement for Economic Change (MEC) legislator, Thabo Ramatla, by unknown gunmen is one of many such unsolved shootings which have plagued the nation in recent years.

Mr Ramatla escaped death by a whisker when unknown gunmen pulled up at his business premises in Mafeteng and repeatedly shot at him on 13 June 2020. He was hospitalised with gunshot wounds to the head.

Even though he was shot in broad daylight, the culprits are yet to be caught and no arrests have been made so far. Last week, a tearful Mr Ramatla made an emotional return to the National Assembly where he bemoaned the apparent police laxity in investigating his shooting.

“I was shot in broad daylight between 9 and 10am,” Mr Ramatla told fellow MPs in parliament.

“I would like to tell the Minister of Police (Ms Senauoane) that nothing has been done for me, Mahapu Thabo Ramatla, by the police. If justice is not served in this country, it will be served by God,” said Mr Ramatla.

Police and Public Safety Minister ‘Mamoipone Senauoane who was in parliament at the time Mr Ramatla made his address, immediately replied saying she had ordered Police Commissioner Holomo Molibeli to expedite investigations into the near-fatal shooting.

Yesterday, Ms Senauoane told the Lesotho Times that she and Prime Minister Moeketsi Majoro had since visited Mr Ramatla who is convalescing at home.

She expressed concern over the high rates of crimes especially shootings, adding that the police would have to do more to prevent such incidents and bring the culprits to book.

“We promised him that police investigations were underway and that the culprits would soon be brought to book,” Ms Senauoane said.

However, Mr Ramatla should not be overly optimistic because the police have failed to investigate or even arrest known perpetrators of many crimes over the years.

There appears to be a shocking laxity in investigating and arresting suspects and this has turned Lesotho into a criminals’ paradise.

In this report, the Lesotho Times looks back at some of the unresolved killings and other serious crimes over the years. These represent a tiny sample of crimes that have gone unpunished and uninvestigated.

June 2020, couple shot in cold blood in Ha-Tsolo, Maseru

The community of Ha-Tsolo in Maseru was dumbfounded a fortnight ago when a young couple was shot dead in the middle of the night in the presence of their children. The names of the couple have been withheld to protect the minor children.

Villagers who spoke at the funeral of the late husband and wife on Saturday, 27 June 2020, relived the experience of how they heard gunshots at the couple’s house and when they went out to investigate, they found the couple already dead.

The villagers told the police that the assassins had been hired by some jealous people who were not happy that they had just moved into their newly built home.

Police Spokesperson Superintendent Mpiti Mopeli confirmed the incident and said police investigations were underway in to bring the culprits to book. He urged members of the community who might have information that could help the police trace the suspects to come forward.

June 2020, Maseru, Lerotholi student raped and brutally murdered

A female student at Lerotholi Polytechnic, Manyai Theoha, was gang-raped and murdered in Thabong, Maseru, on 5 June 2020.

Enraged by the horrific incident, the villagers took the law into their own hands the next day and killed two of the men suspected of raping and murdering the student.

Supt Mopeli, confirmed the senseless killing of Ms Theoha. He also confirmed an angry mob had apprehended three suspects the following morning and savagely beat them before setting two of them alight.

He said after the police received a report that the body of a young woman had been discovered in Thabong, they went to the scene of the crime. When they got there, the police managed to rescue the first suspect from a mob which was in the process of meting out instant justice through beating.

Supt Mopeli said two other suspects were later apprehended by the mob and savagely beaten before being set on fire. One was burnt beyond recognition and died on the spot while the other later succumbed to his injuries in hospital. A third suspect was beaten to pulp and was handed to the police.

Shooting of Nkopane Mokhesi and four others, Maseru October 2019.

Last October, the 69-year-old Mr Mokhesi and his four grandchildren were gunned down by unknown gunmen in Ha Molungoa, Maseru.

Supt Mopeli, confirmed the murders which occurred in the night of 24 October 2019. He said the bodies were only discovered by neighbours the following morning. Supt Mopeli said the killers were still at large but up to now no arrests have been made.

He said neighbours heard gunshots at around 10 pm on the fateful night but did not go out to see where the gunshots came from as they feared for their lives. He said it was not known whether the killings could be linked to the famo music gang rivalries where different famo factions often attacked each other and spawned revenge killings targeting innocent family members.

Murder of ex-police officer, Makoae Moshoeshoe, Maseru 2019

The well-known former policeman was also gunned down in cold blood in Mantšebo, Maseru by unknown gunmen on 29 September 2019.

The gunmen were said to be after two men working in the illegal mines in South Africa known as the Zama-Zama. According to Moshoeshoe’s widow, ’Maretšelisitsoe Moshoeshoe, the bullets that ended her husband’s life should have been for the two men who were given a lift along with him. She said the two men were targeted by the killers as part of the wars fought by illegal Basotho miners who operate in South Africa. The illegal miners often fight with fellow illegal miners from other countries and among themselves for whatever gold and other minerals they extract from their illicit activities.  The killings often extend into Lesotho and target families as retribution.

Ms Moshoeshoe said the two men knew they were being hunted and probably felt safe around her husband because he had a reputation as a good policeman who was against the Zama-Zama killings.

July 2019, five women gunned down in Rothe, Maseru

Five women were gunned down in the middle of the night by some unknown gunmen at Ha-Mokaoli village in Rothe, Maseru district. It was reported that the gunmen moved from house-to-house, mowing down all they met in the night. By the following morning, at least five women had been shot dead, with another woman sustaining serious injuries.

The police said they had launched a manhunt for the gunmen but no arrests have been made to date.

January 2018, Khubetsoana businesswoman killed by lover

Prominent Khubetsoana businesswoman ‘Mathabang Radiile (53) was bludgeoned to death by her live-in partner, Lebohang Nkuebe (41).  The police did nothing despite that Nkuebe confessed to the crime.  The only contribution of the police was the effort by its investigating officer, one Kubutu Kubutu, to corruptly facilitate bail for Nkuebe. Kubutu then dumped the file with no further investigations. Nkuebe is moving on with his life and has even started a bar. He is reported to have committed another heinous crime of rape and gotten away with it.  Of course, why shouldn’t he when the police themselves encourage criminals by virtue of their inaction even in cases where there is overwhelming evidence.

• There are many more killings and other violent crimes which have remained unresolved by the police.

Asked to explain the apparent police laxity in solving these and other cases, Police spokesperson, Superintendent Mpiti Mopeli yesterday told the Lesotho Times yesterday that they were doing everything in their power to bring the culprits to book.

“This is not to say that we are not doing anything. We have a lot of cases where such criminals have been arrested and brough to the courts. Some are already serving their prison sentences,” Supt Mopeli said.

He said they had even engaged the army and intelligence to assist them.

He said it was particularly difficult to trace some of the suspects because they often fled to South Africa through the two countries’ porous borders to evade arrest.

But it is clear that util the police become more effective, many people will continue losing their loved ones to brutal killers.

The post Unresolved crimes turn Lesotho into a criminal haven appeared first on Lesotho Times.

Mohalenyane Phakela

THE Constitutional Court has questioned the legality of the October 2018 agreement between the government and opposition to defer criminal prosecutions of politicians until after the finalisation of the multi-sector reforms.

The court bench comprising of Acting Chief Justice ‘Maseforo Mahase and Justices Semapo Peete and Molefi Makara also slammed the SADC facilitator to Lesotho, Retired Justice Dikgang Moseneke, for waiting more than a year to demand that the government stops the treason trial of politicians Mothetjoa Metsing and Selibe Mochoboroane.

They said Justice Moseneke was just a facilitator who could not usurp his SADC principal South African President Cyril Ramaphosa’s responsibility to append his signature to any binding SADC document on Lesotho.

The judges made the remarks this week while hearing the application by Messrs Metsing and Mochoboroane to rescind their 22 November 2018 judgement outlawing Clause 10 of the government/opposition agreement stipulating that politicians cannot be tried for any crimes until after the implementation of the reforms.

The duo was charged with treason alongside former army commander Lieutenant General Tlali Kamoli and an army officer, Captain Litekanyo Nyakane, over the 30 August 2014 attempted coup against the first government of Mr Thabane.

The treason trial failed to take off in the High Court on 25 February 2020 after Messrs Metsing and Mochoboroane filed a Constitutional Court application for an order barring the Director of Public Prosecutions (DPP, Advocate Hlalefang Motinyane, from prosecuting them because of the October 2018 agreement.

Justice Moseneke subsequently penned a 29 March 2020 letter to then Prime Minister Thabane, saying SADC was against the plans to prosecute Messrs Metsing and Mochoboroane.

At the time of the collapse of his government on 11 May 2020, Mr Thabane had not acted on Justice Moseneke’s directive nor had he publicly pronounced himself on the issue.

Justice Mahase questioned if SADC had indeed endorsed the October 2018 agreement, saying it did not bear  Justice Moseneke’s signature.

She said she was also puzzled why Justice Moseneke never reacted to their November 2018 judgement declaring clause 10 unconstitutional for over a year and only did so when Messrs Metsing and Mochoboroane lodged their constitutional application.

“The (government-opposition) memorandum of understanding does not bear signature of Justice Moseneke unlike the letter which he wrote on 29 March 2020,” Justice Mahase said.

“Why didn’t SADC sit down before 29 March 2020 to say criminal trials should be held in abeyance? Even the SADC letter conveniently surfaces months after we passed judgement. It is only dated 29 March 2020. The writer (Justice Moseneke) seems to say he only learned recently about the treason charges and I do not know what that ‘recently’ means.

“We are now seized with a matter asking us to rescind a judgement that had been in existence for 15 months. The very person who is the facilitator says he just ‘recently’ learned about our November 2018 judgement. He has been quiet all along and has never said anything about our judgement. When other people (Messrs Metsing and Mochoboroane) are supposed to be joined to a trial as per the recommendation of SADC, he now says he is surprised. What a coincidence.

“Was the writer party to the memorandum of understanding and where in this clause 10 can I be convinced that Justice Moseneke actually participated in the agreement?” the acting chief justice said during exchanges with lawyers.

Fellow Judge Makara repeated his sentiments, first expressed last week, that they would not be swayed by SADC but would only interpret the law when delivering judgement on Messrs Metsing and Mochoboroane’s application.

“What is legal should be treated as such. There were days when Lesotho was a sovereign state which could solve its problems. It is a fact that now we have to run to South Africa and SADC to intervene. International law comes from international institutions such as SADC and the United Nations…

“But we should interrogate international laws within the context of Lesotho. Lesotho is a monarchist sovereignty and whatever law is made by an international institution, for that law to become municipal law, parliament must enact it into law.

“When I look at the latest document (Justice Moseneke’s letter), one would expect that a document of such significance would bear a signature of the SADC authorities. But we only see that of Justice Moseneke. This is a corporate document where the minutes would have to be endorsed by the bosses of the company. Justice Moseneke cannot be designated with the managing director’s position.

“He is just a facilitator and a facilitator works under a superior and this would be the president of South Africa. One would expect that his managing director in SADC would also have their signature but the only signature is that of the facilitator. Justice Moseneke says anything made outside the spirit of SADC would be out of order.

“My question is “who is he?” can a judicial officer really make that kind of remark when a matter is pending. You cannot make that kind of averment, what audacity, what authority did he command when he made that kind of remark, what is he,” Justice Makara asked rhetorically.

Messrs Metsing and Mochoboroane’s lawyer, Advocate Motiea Teele,  then retorted that the judges were wrong to question the legality of the agreement now when they had not done so when it was first challenged in 2018.

He said Lesotho was an integral member of SADC and ought to respect SADC decisions including the directive to postpone the treason trial. He also defended Justice Moseneke, saying he “would be the last person to interfere with court proceedings”.

His (Justice Moseneke’s) letter was written in the context that the prosecution of cases is the executive’s responsibility hence the letter is addressed to the head of government (former PM Thabane). It is the responsibility of the executive to attend to issues related to clause 10. The letter does not say you (judges) should decide on this matter. He is not talking as a judge but a facilitator to a political deadlock,” Adv Teele said.

However Adv Christopher Lephuthing, who represented DPP Motinyane, argued that Justice Moseneke’s letter should be dismissed by the court because it was not an official SADC document. He said there was no record of the October 2018 agreement being discussed and endorsed by the SADC heads of state and therefore it could not be a legitimate SADC brokered deal.

SADC used communiques to convey its decisions.  Justice Moseneke’s letter and the 2018 agreement were not SADC communiques, he argued.

“We should avoid speculation when it comes to Justice Moseneke. He would not have authored the letter if he knew the court had nullified clause 10. He was an activist lawyer who participated in many international forums and he would not do anything to undermine the rule of law..,” said Adv Lephuting, suggesting that Judge Moseneke could have been misled into writing the letter or he simply wrote it out of ignorance that Clause 10 had already been outlawed.

In an event, the applicants were trying to rely on an agreement which was not officially endorsed by SADC. Justice Moseneke would have signed the agreement if he was involved in its crafting, argued Adv Lephuting, further  suggesting the former deputy chief justice of South Africa could have been lured into writing it as politicians sought an alibi to forestall their trial.

“Strangely, his letter comes opportunistically after the applicants have asked for postponement of their trial.

“It (Moseneke’s 29 March 2020 letter) would not have been part of these proceedings if the (constitutional) matter (to stop the treason trial) was heard in February when it was filed. The letter has now assumed some importance to this case. The question would be what would be the basis of their case if this letter was not there?

“Is this document (agreement) a contract, treaty or convention? It is simply a promise which has no record of being discussed by SADC at the level of the double troika or heads of state meetings. We have a lot of documents which were signed in Maseru and taken to SADC to be discussed and turned into binding decisions, not this faceless document. SADC communicates its decisions through communiques and there has never been one regarding clause 10.

“The 2018 agreement is a scam and that is why even the people who signed it, (former deputy prime minister) Mr (Monyane) Moleleki and (his successor) Mr (Mathibeli) Mokhothu, cannot tender affidavits to support it,” Adv Lephuthing said.

He said the treason charges against Messrs Metsing and Mochoboroane should go ahead because they were in line with SADC recommendations for high profile suspects to be charged for the impunity in Lesotho from 2014 onwards. He said indicting the duo would not affect the reforms process as they were not members of the National Reforms Authority.

“The present government is bound to implement the SADC recommendations. SADC and the European Union pledged funds for the trials to be expedited and there is need for foreign judges who were secured to finalise these cases within the timeframe of their contracts,” Adv Lephuthing said.

The case will continue on 13 to 15 July 2020.

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Mohalenyane Phakela

HIGH Court Judge Thamsanqa Nomngcongo has called for government action to “sanitise” what he describes as the “gutter social media”.

Justice Nomngcongo said this while delivering judgement in murder-accused former First Lady ‘Maesaiah Thabane’s bail application on Monday. While granting ‘Maesaiah bail, Justice Nomngcongo said he would not be swayed by public opinion on the case.

Although he did not make any specific references to what was being said about him  on social media platforms over his handling of the bail application,  the social media had been awash with claims that the judge  had delayed his verdict because he was in negotiations with the Thabane family to free ‘Maesaiah on bail.

The claims were made last week after Justice Nomngcongo failed to deliver the verdict on 22 June 2020 and again on the 23rd and 27^th of June due to ill-health.

Some social media users then accused the judge of delaying the verdict to negotiate a bribe from the Thabane family in exchange for freeing ‘Maesaiah.

“They should give Thamsanqa his balance so that he can wrap up his work,” one Facebook user posted.

Another Facebook user wrote, “the law department (judiciary) is captured” in response to a post by another user who had said that the verdict could not be delivered because Justice Nomngcongo was sick.

Even after the verdict was delivered on Monday, many people who were unhappy with the granting of bail took to social media to accuse Justice Nomngcongo of receiving bribes to rule in her favour.

While delivering his judgement on Monday, Justice Nomngcongo said although the public had a right to their views, he had “no regard for the gutter social media which has no interest in the truth and justice which the petitioner has come here to seek”.

“Theirs (social media users) is just to paddle salacious matters,” said Justice Nomngcongo.

“Like sewer rats, I think those rats in the gutter that paddle this misinformation must be sanitised. I am making a call to those responsible. You must sanitise the gutter social media,” Justice Nomngcongo said.

His comments have attracted even more criticism from social media users who view them as an attempt to muzzle robust public debate on important issues.

The post Judge urges govt to clampdown social media appeared first on Lesotho Times.

• as ‘Maesaiah is granted bail 

Mohalenyane Phakela

MURDER-ACCUSED former First Lady ‘Maesaiah Thabane has been released on M10 000 bail by High Court Judge Thamsanqa Nomngcongo in a hard-hitting judgement which pokes holes into the case against her and former Prime Minister Thomas Thabane.

In granting bail, Justice Nomngcongo ruled that the Director of Public Prosecutions, (DPP) Advocate Hlalefang Motinyane, had failed to exercise her constitutional right to oppose the bail. He said the Deputy Commissioner of Police (DCP), Paseka Mokete, who deposited an application on behalf of DPP Motinyane, had no right to do so.

In a potentially huge setback to the state case, Justice Nomngcongo also said DCP Mokete’s and other witnesses’ affidavits were full of hearsay. He said they did not provide any substantive evidence linking ‘Maesaiah and her husband Mr Thabane to the 14 June 2017 murder of the latter’s ex-wife, Lipolelo.

‘Maesaiah was sent to remand prison on 3 June 2020 after the Court of Appeal revoked her bail over the Lipolelo murder. She has also been charged with the attempted murder of Thato Sibolla, who was travelling with Lipolelo on the night she was gunned down. Ms Sibolla escaped with gunshot wounds and is one of the witnesses whose affidavits against ‘Maesaiah’s bail application was dismissed by Justice Nomngcongo.

Mr Thabane has been slapped with the same charges but he is yet to be arrested and formally charged after his ouster as prime minister. He had earlier won a referral to the Constitutional Court for determination of whether or not he can be charged as a sitting PM.

Justice Nomngcongo seized upon the police’s failure to arrest and charge him as an indication that they have no solid case against him and his name had been “dropped (into the case) just for drama”.

‘Maesaiah was initially granted bail by Acting Chief Justice ‘Maseforo Mahase on 5 February 2020 but this was revoked by the Court of Appeal on 29 May 2020 after Ms Sibolla and Mr Thabane’s grandson, Thomas Thabane Jr argued that it was unprocedurally granted.

She launched a fresh application after she was jailed following the revocation of her bail.

In granting her bail on Monday, Justice Nomngcongo said the DPP had failed to oppose the bail on two occasions. He said ‘Maesaiah had sought bail on the two charges of murder and attempted murder. The court did not consider the new ‘conspiracy to murder’ charge she was slapped with this month.

He said in applying for bail, ‘Maesaiah had “reacted swiftly…on the understanding of the charges put to her” after she was incarcerated.

“There was no common purpose or conspiracy to murder but simply murder and attempted murder charges,” Justice Nomngcongo said.

“The matter went before Acting Chief Justice (on 5 February 2020) who, without opposition from the prosecuting authority, granted bail. That application which was sought before Justice Mahase was not opposed, and I repeat, was not opposed by the DPP and that is the record of the appeal court when the matter was taken for review.

“It went on review because there were interested parties dissatisfied with the decision to grant bail without opposition from the DPP. When the matter went on review, the DPP opposed those who were seeking rescission of the acting chief justice’s decision. In other words, the DPP said, ‘Chief Justice you were correct to grant the petitioner bail so I oppose the interveners who say you should not have granted the petitioner bail’.

“She (DPP Motinyane) was in agreement that the petitioner was rightly granted bail. It will be observed that before the acting chief justice, the DPP did not oppose bail and it was granted. She had an opportunity then to say ‘I do not want bail to be granted’ but she agreed to the bail being granted. When those (Ms Sibolla and others) sought to intervene she (DPP) said ‘it was uncalled for’.

“The question that now arises is when did the DPP turn around and say ‘I now oppose bail’? …On two occasions she had the opportunity to oppose bail but did not…When did the opposition come? Did it come after the decision of Court of Appeal? The office of the DPP is an important office vested with extremely important authority to initiate prosecution in terms of Section 99 (of the constitution) and it is that office alone vested with such powers it cannot be delegated to anyone…”

Justice Nomngcongo said DCP Mokete had no legal authority to institute proceedings on behalf of the DPP. He said in any case DCP Mokete’s affidavit was filled with hearsay allegations. He also said Ms Sibolla had failed to link ‘Maesaiah to the crime.

“In these proceedings we have an affidavit of one Deputy Commissioner of Police, Paseka Mokete. He was opposed to bail being granted while at the same time the DPP held other views. There was such acrimony as to whether bail should be granted or not. In one of her affidavits, the DPP says that the matter had to be settled by negotiation between herself and DCP Mokete.

“DCP Mokete has no business deciding whether or not to prosecute anyone. It is solely the responsibility of the DPP. It does seem, in this matter, that the responsibility was not taken seriously by the DPP. She left it in the hands of DCP Mokete who says that he opposed bail. So, it was not the decision of the DPP to oppose bail.

“What we hear here are the depositions of Mokete. There are allegations that the petitioner (‘Maesaiah) is prone to violence. It is said that she attacked somebody in some medical institution but mind you that somebody has not sworn to any affidavit.

“Other people who say that we must not release the applicant on bail include Thato Sibolla who was a victim when the crimes were allegedly perpetrated. She is unable to point to anyone who actually perpetrated these crimes upon her or the deceased. She is unable to say what happened there. She says all she knows about this is that the petitioner and Lipolelo were not on good terms.

“DCP Mokete says she (‘Maesaiah) paid certain sums of money to certain assassins and who these assassins are, we don’t know. He talks about six suspects. There is one suspect he is fond of referring to and that is the former prime minister (Mr Thabane). I think his name is dropped in just for drama because if he were a suspect, Mokete would have arrested him because the immunity that Mokete says he (Mr Thabane) claimed has long perished with his resignation and there is no such immunity. He is not being prosecuted before us and there are all these named suspects that Mokete says will be or might be extradited. When that will happen, no one knows.

“We have a lot of hearsay evidence brought before us by Mokete. There is nothing tangible brought before me to say that I should not grant the petitioner bail. The opposition is based on emotions. The petitioner is said to have approached a crown witness to assist her to murder her former husband (Joachim Ferreira) in order to enter into marriage with the second suspect Thomas Thabane. This crown witness is not named. Because it is alleged that she wanted to murder the former husband, then it means she murdered the deceased. That is not the reasoning with which we approach these matters.

“It is also said that not only did the petitioner have the ability to pay assassins to kill people but she also paid people not to divulge her involvement in the heinous crime. This is emotional language. Who has convicted the petitioner of these so-called heinous crimes? What evidence do we have of anything heinous here? There is no evidence that she even pulled the trigger and killed this person but people bravely say that she shot and killed Lipolelo. You do not make a wild statement like that without presenting the facts.”

Justice Nomngcongo then ruled he did not find any reason not to grant ‘Maesaiah bail because when she was initially granted bail, she obeyed all her bail conditions including attending remands.

“The petitioner was granted bail and she was free for four months. She attended remands. Did she, in those four months, commit any heinous crimes? No. Did she escape this jurisdiction or try to run away? No. When the matter was taken for review at the Court of Appeal, she was still within this jurisdiction but had just gone out for medical purposes to South Africa. She promptly returned and handed herself to the police. She did not run or threaten the witnesses for four months. Why would she do that now?”

“The petitioner has asked me to release her on bail on certain conditions and nothing has been said really against those conditions. I accordingly grant her bail on those conditions which are that she pays a deposit of M10 000, reports to the police every fortnight and notifies police whenever she travels beyond the borders of Lesotho. She should not interfere with crown witnesses and she must attend remands and stand trial to finality,” Justice Nomngcongo ruled.

The post Judge tears into “hearsay” state case against Thabane and wife  appeared first on Lesotho Times.

Mohalenyane Phakela

The Deputy Police Commissioner (DCP), Paseka Mokete, appeared before Maseru Magistrate Senekal Qobolo on charges of sexually assaulting a female subordinate police officer. He was released on free bail and is expected back in court on 24 July 2020.

According to the charge sheet read out by magistrate Qobolo, DCP Mokete is charged “with a sexual offence” after he allegedly touched the buttocks of Inspector ‘Makatleho Mphetho near parliament without her consent on 29 April 2020.

DCP Mokete is also charged with the crime of assault after he “unlawfully and intentionally” assaulted Inspector Mphetho by pulling and dragging her on the ground. He is also charged with malicious damage after he allegedly tore the pair of trousers Inspector Mphetho was wearing when the sexual offence was allegedly committed.

DCP Mokete was represented by three prominent lawyers, Attorneys Kuili Ndebele and Monaheng Rasekoai as well as Advocate ‘Mabatṧoeneng Hlaele. The crown was represented by Adv Pontṧo Janki.

Mr Rasekoai petitioned the court to grant DCP Mokete free bail, saying he was determined to stand trial to clear his name.

“The accused is the second in command of the Lesotho Mounted Police Service and an officer of this court. All his obligations are within this jurisdiction and therefore has no reason to abscond trial.

“As a matter of fact, he wants to clear his name and he would even want the case to proceed now. He understands that he does not have to interfere witnesses and stand trial. We pray that he be granted bail on his own cognisance,” Mr Rasekoai said.

Adv Janki then told court that although the crown had no objections to DCP Mokete being granted bail, the alleged victim (Insp Mphetho) was opposing it. Magistrate Qobolo then adjourned proceedings to enable Adv Janki to confer with Insp Mphetho about the grounds for opposing the bail and for DCP Mokete’s lawyers to prepare their defence.

After the break which lasted close to an hour, Adv Janki informed the court that they had reached a consensus not to oppose bail.

Magistrate Qobolo subsequently granted DCP Mokete free bail on condition that he does not interfere with witnesses, attends court remands and stands trial to finality.

The post DCP Mokete charged with sexual assault appeared first on Lesotho Times.

Pascalinah Kabi

FORMER Agriculture and Food Security Minister, Litšoane Litšoane, has been accused of ordering police officers to assault a Mapoteng man for allegedly stealing maize stalks from his farm last month.

Mpiti Seeisa (20) was allegedly assaulted by Mapoteng police officers on 16 June 2020. This after his arrest for allegedly stealing maize from Mr Litšoane’s farm in Kolonyane, Mapoteng.

However, Mr Litšoane, who served in the previous Thomas Thabane regime, denies setting the police on Mr Seeisa.

A security guard at the farm apprehended Mr Seeisa and dragged him to the Kolonyane chief, Seeisa Seeisa, who happens to be his grandfather.

Chief Seeisa this week told this publication that Mr Litšoane falsely accused his nephew of theft and later set the police on him.

He said a security guard at the former minister’s farm dragged the accused and his father to his house at gunpoint alleging that Mr Seeisa had stolen maize stalks from Mr Litšoane’s field.

“Mpiti took out his own maize stalks from his own house to feed livestock and the guard, who was hiding by the kraal then accused him of stealing from the former minister’s farm,” Chief Seeisa said.

“Mpiti and his father were brought before me at gunpoint. The security guard insisted that he caught Mr Mpiti red-handed. However, one of the villagers corroborated Mpiti’s story that he was at his father’s kraal when the security guard apprehended him.”

The Seeisa family was allegedly coerced into agreeing to pay a M4000 fine to Mr Litšoane as compensation for the maize stalks.

However, Mr Litšoane is alleged to have reneged on the settlement that same day. He allegedly later drove to Mr Seeisa’s home with security guards who dragged him to the police station where he was detained for 48 hours.

“Before his release on 16 June 2020, the police beat him up. He would not have been brutalised if Mr Litšoane had not driven him there and ordered that he be beaten by the police,” Mr Seeisa said.

In a separate interview, Mr Litšoane denied ordering the police to assault Mr Seeisa.

“He (Mr Seeisa) is mad. I never ordered the police to assault him. We have people stealing from our farm and we had to engage security guards. Sometime last month, I received a call from the security guards saying that they had caught a thief red-handed. They told me they had taken the suspect to Chief Seeisa. I talked to Chief Seeisa about his nephew.

“He (Chief Seeisa) told me he didn’t know what to do because Mr Seeisa had been caught stealing before. Mr Seeisa ended up confessing, saying he stole the stalks to feed their cow. That is theft. I negotiated with his father to pay for the damage his son had caused and they did not have money. What was I expected to do?”

Mr Litšoane said he reported the matter to Mapoteng police officers. But they said they did not have transport and pleaded with the politician to bring Mr Seeisa to the station. Mr Litšoane said he agreed to bring the accused person to the station and a theft case was opened.

“I never ordered the police to beat Mr Seeisa. I dropped him there and left. Chief Seeisa has sourced a lawyer for that thief and the case has been set for 24 July 2020. Now that he has run to the media to tell lies about me, I am more determined to see the case concluded. There is an exhibit at the police station and I want to win this case so I can claim damages from Chief Seeisa,” Mr Litšoane said.

The post Former minister in police brutality saga  appeared first on Lesotho Times.

• top cops Molibeli & Lebajoa also recommended for prosecution for helping her evade justice.

Pascalinah Kabi

MURDER-ACCUSED former First Lady ‘Maesaiah Thabane faces fresh criminal charges for allegedly assaulting a Maseru man in 2019.

But in a bizarre twist, the Director of Public Prosecutions (DPP), has also been asked to prosecute police commissioner Holomo Molibeli and one of his top assistants Beleme Lebajoa for abuse of office after they allegedly protected the once powerful first lady from facing prosecution in that assault case then.

The request to prosecute ‘Maesaiah and Messrs Molibeli and Lebajoa was curiously submitted to DPP Hlalefang Motinyane by Commissioner Molibeli’s subordinate, Assistant Police Commissioner (ACP) Motlatsi Mapola, last Friday.

The latest development comes in the wake of serious accusations against Commissioner Molibeli that he only moved to prosecute ‘Maesaiah and her husband, Thomas Thabane, over the June 2017 murder of the former prime minister’s ex-wife, Lipolelo, after he had fallen out with the former first couple.

In the latest case, ‘Maesaiah is accused of assaulting one Thesele Matela at the State House on 2 January 2019.  This after Mr Matela had accidentally phoned Mr Thabane to the annoyance of ‘Maesaiah.  Mr Matela is alleged to have been later “kidnapped” by the police and taken to State House in the boot of a car. He then received a heavy hiding at the hands of ‘Maesaiah and her friends.

He was allegedly left bloodied and bruised after the assault by ‘Maesaiah and a group of her female friends. ‘Maesaiah is currently on bail on charges of murdering Lipolelo on 14 June 2017.

In a bizarre turn, ACP Mapola also recommends the prosecution of his boss Commissioner Molibeli and ACP Lebajoa for allegedly defeating the ends of justice by protecting ‘Maesaiah from Mr Matela’s assault charges.

Commissioner Molibeli and the Thabanes fell out about six months ago after Mr Thabane attempted to fire the police boss for alleged incompetence. Commissioner Molibeli denied the allegations and insisted Mr Thabane only wanted to get rid of him because he had investigated the ex-premier and ‘Maesaiah for Lipolelo’s murder.

But when Mr Matela’s alleged assault happened, the police boss and the Thabanes had still been on good terms. Commissioner Molibeli had then allegedly protected ‘Maesaiah instead of having her charged with assault.

According to ACP Mapola, Commissioner Molibeli abused his power by failing to protect Mr Matela against the then powerful first lady.

He accuses Commissioner Molibeli of selfishness. He alleges that the police boss only stood up to ‘Maesaiah and charged her with murder because his own position as commissioner was under threat.

During her time as first lady, ‘Maesaiah gained notoriety for her fiery temper and penchant to humiliate all and sundry over even minor transgressions. Senior government officials who stood in her way were routinely lampooned. She was also accused of assaulting a Ha Tšolo woman, ‘Manthatisi Mabuthile, in July 2018. This after a misunderstanding over Ms Mabuthile’s sister who had been hit by one of ‘Maesaiah’s office cars transporting her staff from a cancer awareness road show.

In the Matela case, it is said ‘Maesaiah was angered by the fact that the former had called her husband.  Mr Thabane is said to have answered his mobile phone when Mr Matela “accidentally” called him in search of a job. According to the “Summary Report of the Case of Thesele Matela”, seen by this publication this week, Mr Matela was not even aware that he was calling the then prime minister. ‘Maesaiah was known to take umbrage with people who called her husband and would on many occasions answer the calls herself and cut the callers off.

“The complainant (Mr Matela) was looking for a job and he was given the cellphone of a taxi owner to call,” ACP Mapola states in the summary docket submitted to the DPP.

“It appears he might have missed a digit and the call was received by Prime Minister Thomas Thabane. A misunderstanding ensued (as he explained) that he had called a wrong number. But the complainant insisted he was looking for a job (sic).

“The conversation was cut but a few minutes later, he (Mr Matela) received a call from the same number. At this time, a female voice introduced herself as the First Lady ‘Maesaiah Thabane. She was very rude and threats of arrest were made.”

ACP Mapola said Mr Matela later heard that the police were looking for him. He was eventually “kidnapped” at Lekhaloaneng, a few days after his phone call to Mr Thabane.

He said Mr Matela was unlawfully detained at the police headquarters by ACP Lebajoa and his team on 2 January 2019. ACP Lebajoa’s rank at the time is given as that of inspector despite that he had been promoted to ACP in 2018.

ACP Mapola states that Mr Matela was taken to State House the following day and handed over to ‘Maesaiah, who was in the company of a group of women, who then all assaulted him.

“Afterwards, he (Mr Matela) was handed over to the police and at the police headquarters, he was ordered to wash his hands stained with blood and released. There were no charges against him. All the police registers don’t reflect his arrest and detention nor a case opened against him.

“He reported the matter to his mother who took him to Thamae Police to open a case of kidnaping and assault but was not given any help…

“The victim and his mother reported to ACP Mapola who sent police officers to escort the mother and victim to Thamae Police Post and a case was opened…After they opened the case, she was influenced to see the commissioner of police as it was said the matter (sic), if not handled properly, would cause a public outcry.

“She found the Commissioner (Molibeli) who called the prime minister and told him that the assaulted child was complaining. He (Commissioner Molibeli) arranged transport and ordered Insp Lebajoa to take the mother to State House. There the mother met with the first lady and prime minister.”

The following week, according to ACP Mapola, ACP Lebajoa called the victim’s mother to his office and gave her M5000 “as medical expenses and ordered never to utter a word about the incident”.

A case of assault was eventually opened against ‘Maesaiah despite all these machinations. He said the deputy officer commanding Thamae Police Post (name not stated) was “strangely” ordered by ACP Lebajoa to hand over the docket to one Superintendent Bokopane.

He said ACP Lebajoa told the Ha Thamae cops he was acting on Commissioner Molibeli’s instructions.

ACP Mapola accuses Commissioner Molibeli of “flagrant abuse of power” through his entire handling of the case. He alleges that the police boss and ACP Lebajoa “acted in complicit and in common purpose with the first lady to commit the aggravated assault”.

“The intention of the mother and victim has always been to open a case of assault and unlawful detention but when they got to the commissioner of police, he directed them to the suspects and arranged for transport.

“Clearly, he (Commissioner Molibeli) did not act in accordance with the demands of his office, namely (to launch an) investigation of the matter and to take the same to court. He aided and abetted the commission of crime. He even ordered the removal of the docket from Ha Thamae… Later arrangements were made to close the docket and return it to the police headquarters,” ACP Mapola says.

ACP Mapola therefore wants Commissioner Molibeli, ACP Lebajoa and ‘Maesaiah to all face the music.

“The following people have to be charged: ACP Lebajoa and his team; Liabiloe Maesaiah Thabane and Holomo Molibeli with defeating the course of justice.

“He (Commissioner Molibeli) ought to have protected the victim the first day his mother came. Instead he protected the former first lady from humiliation and acted unreasonably.

“He also failed to take legal action against his officers for taking instructions from the first lady to take the victim by force and present him to the state house for a beating. This was a dereliction of duty constituting a defeat of justice. But when the odds were against him (Commissioner Molibeli), he was able to stand against the first lady and charged her with murder,” ACP Mapola said.

DPP Motinyane is yet to decide on the matter. Commissioner Molibeli, ACP Lebajoa and ‘Maesaiah were not reachable on their mobile phones for comment on this particular case yesterday.

But if true, the case is confirmation that Commissioner Molibeli only acted against the Thabanes after his cushy job was under threat, and not out of virtuous pursuit of justice.

The post ‘Maesaiah faces new criminal charges appeared first on Lesotho Times.

Mohalenyane Phakela

THE seven prominent members of the Basotho National Party (BNP) who filed an urgent application for the immediate removal of party leader, Thesele ‘Maseribane, will have to wait longer for the case to be heard by the High Court.

This after Judge Thamsanqa Nomngcongo postponed to the matter to 16 April 2021. The postponement is meant to give time to allow both applicants and respondents to file all the necessary documents pertaining to the matter.

The seven had filed a 25 March 2021 application for the removal of Chief ‘Maseribane who is also Small Business Development, Cooperatives and Marketing minister. They also want BNP deputy leader, Machesetsa Mofomobe, to hold fort until a new leader is elected.

The seven applicants are prominent BNP members ‘Mota Nkuatsana, Moorosi Moshoeshoe, Emmanuel ‘Mako, Lesiamo Molapo, Mochai Mochai, Matobo Mabathoana and Michael Mohasi.

The BNP, BNP national executive committee (NEC), Chief ‘Maseribane and Mr Mofomobe are the first to fourth respondents respectively in the application.

The seven had asked that their application be treated with urgency, alleging that there would be “war and anarchy” within the BNP if Chief ‘Maseribane is not removed with immediate effect from the BNP leadership.

The matter was initially supposed to be heard on 1 April 2021 but this did not happen after Chief Maseribane indicated that he intended to oppose the application.

The case was then postponed to Tuesday on which date both the applicants and respondents’ lawyers had to appear before Justice Nomngcongo.

Advocates Mojalefa Shakhane and Letuka Molati are representing the applicants while the respondents are represented by Adv Christopher Lephuthing.

Following their Tuesday appearance before Justice Nomngcongo, the judge gave the respondents until today to have filed their answering affidavits. Justice Nomngcongo also ordered the applicants to file their reply on 13 April 2021. Thereafter, the court will sit on 16 April 2021 for Justice Nomngcongo to set the hearing date.

The applicants state that Chief ‘Maseribane became the BNP leader on 27 March 2011. They state that in terms of section 11(8) (c) of the BNP constitution, a leader can only hold office for a maximum of 10 years.

They argue that Chief ‘Maseribane’s term expired on 27 March 2021 which is 10 years to the date when he first assumed the reins. They further argue that the BNP should have elected a new leader last December and Chief ‘Maseribane should have formally handed over to the new leader when his term expired on 27 March 2021.

They are challenging the NEC’s 10 March 2021 circular which states that Chief ‘Maseribane’s tenure only ends on 13 June 2021.

They accuse Chief ‘Maseribane and his fellow respondents of “intending to breach the constitution of the BNP in that they want to extend the term in office of the leader of BNP beyond the prescribed maximum period of 10 years for which a person can be a leader of BNP”.

The post Court postpones BNP leadership case appeared first on Lesotho Times.

• as murder-accused soldier files fresh lawsuit for his recusal from trying him

Mohalenyane Phakela

BOTSWANA Judge Onkemetse Tshosa has a fresh headache to deal with.

This after murder-accused soldier, Major Pitso Ramoepane, filed a new High Court application for his recusal from trying him and his co-accused.

In his application filed on Tuesday, Major Ramoepane rehashes his and other accused soldiers’ old arguments that Justice Tshosa is unfit to try them because he was allegedly convicted of assaulting a police officer in his home country.

The net effect of the new application is to delay Major Ramoepane and nine others’ trial for allegedly murdering three civilians in in Maseru in 2017. The trial was supposed to begin on Tuesday but Justice Tshosa had to postpone it to a date that is yet to be decided. The judge said he will first hear Major Ramoepane’s application on 20 April 2021.

Major Ramoepane’s co-accused are Brigadier Rapele Mphaki, Sergeant Lekhooa Moepi, Captain Mahlehle Moeletsi, Lance Corporal Mahlomola Makhoali and Privates Nthatakane Motanyane, Motšoane Machai, Liphapang Sefako, Nemase Faso and Tieho Tikiso.

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

The soldiers allegedly kidnapped and murdered the three men after the trio had just been released from police custody where they were detained in connection with a shooting incident that occurred at the Maseru border gate on 13 May 2017.

They were initially supposed to stand trial on 7 December 2020 but the matter was postponed to allow the Constitutional Court bench of Justices Tšeliso Monapathi, Moroke Mokhesi and Keketso Moahloli to rule on their application for a permanent stay of proceedings.

The 10 are part of a group of serving and former members of the security agencies including former army commander, Lieutenant General (Lt-Gen) Tlali Kamoli, who, in October 2020, petitioned the Constitutional Court (Constitutional Case No. 17/2020) to have their trials permanently stopped on the grounds that their trials had taken too long to begin in apparent violation of their rights to speedy trials.

They also want two foreign judges engaged by the government and judiciary to preside over their numerous murder and attempted murder trials to be declared unfit to preside over their cases. Justice Tshosa and his Zimbabwean counterpart, Justice Charles Hungwe are the two foreign judges who were recruited in 2019 with the help of SADC and the European Union to preside over the high-profile trials of politicians, serving and former members of the security agencies.

These include the murder and treason trial of Lt-Gen Kamoli and others. However, the trials have so far failed to take off due to numerous court litigations by the accused to permanently stop them. Even when they have lost their applications in the High Court, they have either turned to the Constitutional Court or Court of Appeal thus causing numerous delays to the trials.

But Justice Tshosa has decided to proceed with the trials. Three weeks ago, he ruled that he will proceed with the trial of the 10 soldiers on the grounds that even though they have a pending constitutional application, the same court has not issued any interim order to stop the trials from proceeding.

On 25 March 2021, the judge even entered a not guilty plea on behalf of Major Ramoepane and his co-accused. This after they had repeatedly pleaded that Justice Tshosa lacked the jurisdiction to try them.

On Tuesday, Major Ramoepane told the court that Justice Tshosa’s refusal to accept his plea of lack of jurisdiction was one of the reasons why he had filed a fresh application for his recusal.

“I should state that the crown had not objected to my pleading lack of jurisdiction or to the plea of lack of jurisdiction,” Major Ramoepane said in his court papers.

“Surprisingly, it was the court that interjected and raised the provisions of section 160 (of the Criminal Procedure and Evidence Act) saying the pleas as to jurisdiction should have been raised on notice. I verily aver that this is another indication of the court’s lack of impartiality in these proceedings by advancing the prosecution’s cause. The court descended from the bench and entered the fray. I contend therefore that his Lordship Tshosa has clearly demonstrated lack of impartiality.

“All this point to the fact that the court is not bringing an impartial mind to bear in hearing my case. Wherefore I pray that his Lordship Tshosa recuse himself from my case,” Major Ramoepane stated.

He also rehashed the same arguments of his aforementioned constitutional application which are that Justice Tshosa was convicted in Botswana for assaulting a police officer and was therefore unfit to be a judge.

“I am of the view that Justice Tshosa’s criminal record and his resignation to evade impeachment render him unfit to hold office as a judge and to preside over my criminal trial. If his Lordship Tshosa is to preside over my trial and convict me, a reasonable accused in my position and the public out there, might view my conviction as revenge or retaliation by his Lordship against me for putting it in the public domain that Justice Tshosa was convicted of a criminal offence and evaded impeachment.

“I verily aver that whichever way the case against me eventually goes, for as long as it is presided over by Tshosa AJ under the circumstances of the pendency of constitutional case no.17/2020, the administration of justice is bound to be brought into disrepute. In the event that the application in constitutional case succeeds, the proceedings of the criminal trial will be tainted.”

Justice Tshosa then deferred the trial. He said he will hear Major Ramoepane’s application on 20 April 2021.

The post Fresh headache for Judge Tshosa appeared first on Lesotho Times.

Mohalenyane Phakela | Pascalinah Kabi

THREE of the four treason and murder-accused soldiers have filed High Court applications for their discharge on the grounds that they have not been tried within a reasonable time.

The three are Lance Corporals Leutsoa Motsieloa and Motloheloa Ntsane as well as Captain Litekanyo Nyakane.

The three accused of treason against the first government of former Prime Minister Thomas Thabane on 30 August 2014. They are also accused of the murder of police Sub-Inspector Mokheseng Ramahloko which occurred during the same attempted coup against Mr Thabane’s government.

They accused alongside former army commander, Tlali Kamoli, and politicians, Mothetjoa Metsing and Selibe Mochoboroane. Messrs Metsing and Mochoboroane have filed their own application for a stay of the trial until after the implementation of the multi-sector reforms which were recommended by SADC in 2016.

It is not clear why Kamoli has not filed an application for his discharge. Although his three co-accused soldiers have applied for discharge, this publication only managed to obtain a copy of Lance Corporal Motsieloa’s application.

He wants to be released on grounds that he has not been tried in reasonable time in terms of section 141 of the Criminal Procedure and Evidence Act.

“The applicant be discharged in terms of section 141 of the Criminal Procedure and Evidence Act.

“Alternatively, the applicant (must) be released from detention in terms of section 4 of the Speedy Courts Trials Act or the separation of applicant’s trial from that of Mothetjoa Metsing and Selibe Mochoboroane,” Lance Corporal Motsieloa states in his court papers filed this week.

In his founding affidavit, Lance Corporal Motsieloa argues that he should have been tried way back because he was charged with murder in the Maseru Magistrates’ Court in 2017.

He argues that his trial has been deferred on numerous occasions in order for Messrs Metsing and Mochoboroane to be joined in as the co-accused. He states that he believes his trial will not proceed anytime soon hence the application for discharge.

“I am approaching a fourth year since I was indicted. My trial dates that were previously set were ignored and the trial got postponed in order to usher in Metsing and Mochoboroane. The desire of the prosecution and inclination of the judge to have Metsing and Mochoboroane joined to my trial was the sole reason that my trial could not proceed on the scheduled dates. I do not see the possibility of my trial commencing anytime soon under the current session of the court.

“I am advised by my attorney and I verily believe the same advice to be true that once I am committed to High Court, the trial shall be held at the first session following my committal. According to the same advice, if 31 days have elapsed between the date of commitment and the holding of the court session without the case being set for hearing, I am entitled to be released.

“I aver that my release on account of the failure to prosecute a case at the first session is statutorily compelled notwithstanding that I was denied a bail before. Alternatively, I aver that 60 days have since lapsed without my case being set for hearing. This has happened while I am in custody therefore I am entitled to be released under the dictates of section 4 of the Speedy Courts Trials Act.

“I aver that my continued detention without trial is prejudicial against myself and violates my constitutional right to a trial within a reasonable time which is statutorily defined under section 141 of the Criminal Procedure and Evidence Act and Speedy Courts Trials Act.”

Lance Corporal Motsieloa and his co-accused soldiers were initially charged with just the murder of Sub-Inspector Ramahloko. The prosecution subsequently amended the charge sheet in last January to include treason charges. The state also added Messrs Metsing and Mochoboroane to the list of the accused.

The suspects will be tried by Botswana Judge Onkemetse Tshosa who is one of two foreign judges alongside Zimbabwean Judge Charles Hungwe who were recruited by the judiciary and SADC to try high-profile cases involving politicians, serving and former members of the security agencies.

Lance Corporal Motsieloa argues that the new charges are prejudicial to him in that his detention will be extended and he also stands to suffer financially.

“I aver that my continued detention is also against my right to a fair trial and is prejudicial to me. The court ordered the indictment to be amended to include treason charges despite the fact that I have resisted the same and wanted to put evidence in opposition. I was not given a chance to oppose the crown application to amend the charges. I aver that there ought to be notices to everyone likely to be affected if the crown wants to renege from its previous position. I was ambushed by the crown and the court entertained that ambush to my prejudice.

“(The) inclusion of Metsing and Mochoboroane says I will have to endure more time in jail. This kind of attitude is against the international, regional and national standards of conducting serious trials such as the one we are faced with.

“It is worth mentioning that following my arrest, the executive and the Southern African Development Community decided to appoint judges to specifically preside over our cases. They (judges) are sponsored by the European Union and their financial incentives do not extend to me. I am financially prejudiced as I do not have money anymore to engage a counsel to raise my defence.

“I am advised that holding a joint trial of persons separately indicted is either a purported exercise of a non-existent jurisdiction or constitutes an irregularity that it results in a failure of justice vitiating the proceedings entirely. I was not given a hearing to object to the amendment and inclusion of the new charges because at that time I had not received counsel on ramifications of the introduced charges.

“My health is weak and continues to be as a result of unhealthy conditions I am living under. The unmerited suffering, I am subjected to as along as my detention remains in place is unbearable as it exposes me to irreparable harm. This exposes me to continuing mental psychological torture,” Lance Corporal Motsieloa argues.

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Mohalenyane Phakela

TREASON and murder-accused politicians, Mothetjoa Metsing and Selibe Mochoboroane, have accused the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, of abusing court processes and denying them the right to a fair trial.

This after DPP Motinyane opposed their application for stay of their prosecution pending their Court of Appeal application to stop their trial until after the implementation of the multi-sector reforms.

The duo argues that Adv Motinyane had initially agreed to defer their trial and her “sudden change of mind” was an abuse of court processes which was likely to deny them their constitutional right to a fair trial.

They state this in their High Court application filed this week for a stay of their murder and treason trial until after the Court of Appeal pronounces itself on their pending appeal to stop their trial until after the implementation of the multi-sector reforms. The application is before Botswana Judge Onkemetse Tshosa

Messrs Metsing and Mochoboroane were last week added to the list of accused alongside former army commander, Tlali Kamoli, Captain Litekanyo Nyakane and Lance Corporals Motloheloa Ntsane and Leutsoa Motsieloa.

The two politicians’ lawyer, Adv Motiea Teele, subsequently petitioned Justice Tshosa to defer their trial until after their appeals have been heard by the Court of Appeal when it begins its first session of the year from 12 April to 6 May 2021.

Justice Tshosa had scheduled to hear their application yesterday but that did not happen after Captain Nyakane, Lance Corporals Ntsane and Motsieloa’s lawyers also filed counter-applications for their discharge.

The three soldiers want to be discharged on the grounds that they have been in custody for far too long in violation of their rights to a speedy trial.

Alternatively, they want to be tried separately from the two politicians.

Adv Teele yesterday told the court that it would be prudent for his clients’ application to be consolidated and heard as one with the soldiers’ counter-applications. The lead prosecutor, South African Adv Shaun Abrahams echoed similar sentiments.

Justice Tshosa then ruled that all parties should file their heads of arguments on or before 23 April 2021. He said he would hear the matter on 26 April 2021.

Messrs Metsing and Mochoboroane have two pending appeals before the apex court to stop their trial.

The first is an appeal against the November 2020 Constitutional Court judgement which nullified clause 10 of an October 2018 SADC-brokered government-opposition agreement which shielded them and other politicians from prosecution until after the implementation of the multi-sector reforms.

They have also appealed against Chief Justice Sakoane Sakoane’s 9 February 2021 constitutional judgement wherein he declined to preside over their appeal against the prosecution’s move to join them to the murder and treason cases alongside former army commander Lieutenant General (Lt-Gen) Tlali Kamoli and others.

Messrs Metsing and Mochoboroane had argued they could not be joined to the treason and murder case as it was already in progress. Lt-Gen Kamoli and others had already been formally charged with the crime. They also argued that they could not be tried in the High Court without first being remanded in the magistrates’ court as demanded by the Criminal Procedure and Evidence Act.

However, Justice Sakoane ruled that they must make their appeal before Justice Tshosa, the presiding judge in their treason and murder trial.

In their papers before Justice Tshosa, they accuse DPP Motinyane of abusing her powers by opposing their application for stay of proceedings until after the implementation of the multi-sector reforms.

“The rights that the DPP is obligated to respect, in so far as the applicants are concerned, are the rights to fair trial contained in section 12 of the constitution, which creates her office, and which she has sworn to uphold. To the extent that the DPP is actively seeking to prevent the applicants from meaningfully exercise their right to appeal by vexatiously instituting challenged criminal proceedings, the DPP is committing an abuse of court processes which should not be countenanced.

“She agreed to refrain from exercising her powers to institute the proceedings against the applicants pending the outcome of the decision by the Constitutional Court on Clause 10. When the Constitutional Court refused to grant rescission, the DPP for no reasonable or probable cause decides to press for the joinder of the applicants in CRI/T/001/2018 in spite of the pending appeal.

“With respect, this type of conduct is a manifestation of bad faith. The DPP acted for a good and substantial reason when she agreed to the stay of the process of joining the applicants (Messrs Metsing and Mochoboroane) in the first place. There is no rational basis why all of a sudden that sound and substantial reason is being brushed aside when the appeal is noted against the decision of the Constitutional Court.

“Her sudden irrational change of attitude is an abuse of court process…That is unfair and palpable. Equally clear is the fact that her conduct threatens to bring the administration of justice into disrepute.”

Former Deputy Prime Minister Metsing is the leader of the opposition Lesotho Congress for Democracy (LCD) while Mr Mochoboroane is leader of the Movement for Economic Change and Development Planning minister in the current Moeketsi Majoro-led governing coalition.

The argue that they could be a political hand behind DPP Motinyane’s push to prosecute them for treason in connection with the 30 August 2014 attempted coup against the first government of former Prime Minister Thomas Thabane. They are also accused of the murder of police Sub-Inspector Mokheseng Ramahloko which occurred during the same attempted coup against Mr Thabane’s government.

In their court papers, Messrs Metsing and Mochoboroane argue that “the charges that she (Motinyane) seeks to bring against these applicants, particularly the political charges of treason, leads to an inference that there is a political interest in the joinder of the applicants.

“This is more so when she makes it appear as if the joinder can no longer wait, but must be done immediately. She conveniently forgets that these alleged political offences are said to have occurred in 2014. Several regimes have come and gone after that period. What is the urgency, one might ask? Can we be asked to ignore the fact that the applicants are political leaders of particular political parties– that is why they receive sort of treatment meted out to them now rather than before?

“What the DPP has done is drag this court into the controversy of her change in stance that reflects negatively on the impartiality of this honourable court,” the duo state.

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