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M14 million budgeted for Mosito’s ouster

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MASERU – FORMER Attorney General (AG) Tšokolo Makhethe was so determined to push out Court of Appeal President Justice Kananelo Mosito that he asked the government to provide a staggering M14 million for the judge’s impeachment. That budget was double what Makhethe had asked for the impeachment of former Court of Appeal President Justice Mathealira Ramodibeli in 2013.  The removal of Justice Ramodibedi was however aborted after he resigned before he could be dragged before a tribunal.

thepost has been perusing the case files of the vicious court battles that pitted Makhethe against Justice Mosito.
A picture is beginning to emerge of how Makhethe could have used his position as AG to pursue what other lawyers have described as a personal vendetta against Justice Mosito.

The AG had the support of five senior lawyers and the then Prime Minister Pakalitha Mosisili. Also in his corner was Advocate Leaba Thetsane, the Director of Public Prosecutions (DPP) who is now being pushed out of office by the new administration.
He also had the government’s humongous resources to get the best lawyers money could hire.

Makhethe had predicted in a December 2015 memo requesting money from the Government Secretary that the fight to impeach Justice Mosito would be “hard-fought”. In the memo the AG curiously describes Justice Mosito’s impeachment as a “project” that is “financially demanding”.
He reminded the Government Secretary that the government had set aside “no less than” M7 million for Justice Ramodibedi’s impeachment in 2013.
“For the present impeachment I would suggest double the amount,” Makhethe said. “There is no prospect of resignation here. It is likely to be a hard-fought battle to the finish.”

He said there was need to “join hands” to “cushion the impeachment process with funds to enable it to be conducted smoothly”.
The AG then suggested how the financial burden of the impeachment would be shared. His office, he said, would pay the lawyers who would appear before the tribunal for both the government and Justice Mosito.

He suggested that the Ministry of Justice would pay the sitting allowances, accommodation and “other remuneration” for the three judges of the tribunal. The ministry was also supposed to pay the bill for their welfare and logistics. And as if to cover all angles the AG also suggested that the Government Secretary “may wish to consider what part the Cabinet Office may have to play, be it financially or otherwise, in order to contribute to the project”.

He suggested that because the judges will be senior legal professionals they will be paid according to the rates used for judges of the Court of Appeal.
But he also left room for the government to use its “discretion” “given the nature of the job to be done”.
“As I say, all indications are that the legal contest before the tribunal will be hard-fought, with both sides pulling all stops to pursue the ends of justice.”

On the same day he asked for money Makhethe also sent a short memo to Prime Minister Pakalitha Mosisili to announce that he had found three “top-notch” judges to be appointed to the tribunal.  They were Justice Frederik Brand, Justice Noel Hurt and Justice John Foxcroft who are all from South Africa. The memo would however cause Makhethe grief when Justice Mosito and his legal team tried to use it to prove that the judges were likely to be biased because they had been indirectly appointed by the AG.

Of particular concern to Justice Mosito and his team was the last sentence of the memo which he says “I am in constant contact with them and they stand ready to serve”.  During the tribunal Justice Mosito would also allege that Makhethe had exchanged e-mails with the three judges and that he had surreptitiously visited their hotel rooms.

In response to that one of the judges had said although he was not under oath he could assure Justice Mosito that there was no such meeting.
Justice Mosito retorted by alleging that the judges were in league with those who wanted to impeach him.
The judges demanded an apology for that allegation but Justice Mosito did not budge, insisting that the impeachment was politically motivated.
A day before asking for the M14 million from government the AG had written to each of the three judges offering them sumptuous remuneration.

It would appear that the amounts he offered had little to do with the Court of Appeal rates he had suggested in the letter to the Government Secretary.
Instead, it seemed he used his ‘discretion’ to decide the fees for the judges.
In the offer letters Makhethe promised what even judges of the Court of Appeal would consider astounding.
Each judge was to be paid M20 000 sitting allowance per day.

They would each get a daily allowance of M10 000 for “research and preparation”.
That was in addition to the M5 000 per day allowance to write the report after the tribunal.
Their lodgings, food, bodyguards and chauffeurs were also paid by the government. By rough estimates each judge could have easily walked away with nearly M300 000.

To put it into perspective, that is almost the same monthly salary of a High Court judge. For the prosecution the AG turned to Webber & Newdigate which played a very wide role in the impeachment proceedings. Advocate Daniel Roberts, a senior lawyer who is a partner at the firm, was hired to assist with ‘administrative’ matters during the prosecution. Webber & Newdigate hired Advocate Penzhorn, another senior lawyer the AG has previously used in numerous cases, to prosecute Justice Mosito. He was assisted by Advocate Suhr.

Both lawyers had to travel from South Africa. Both had been instructed by Advocate Roberts. But the law firm’s role went beyond just providing legal counsel and helping on administrative issues.  They called themselves pro forma complainants against Justice Mosito.
That meant that they were the ones who were complaining about Justice Mosito.

In other words in addition to having a hand in the appointment of the judges on the tribunal the AG had also appointed the prosecutors.
Sources close to the case have told the thepost that Webber & Newdigate could have walked away with more than a million maloti for their work in the case.

Yet the firm’s involvement in the case did not end there. Advocate Penzhorn is the same lawyer who was hired by the DPP in the Lesotho Revenue Authority (LRA) tax case against Mosito. Justice Mosito was facing 19 charges of failing to file his tax returns. That would be the cornerstone of the charges of the impeachment proceeding after Mosisili seized on it as proof that Justice Mosito was not fit to be a judge.
So Advocate Penzhorn was fighting Mosito on two fronts: the criminal and the impeachment case which were intricately linked.
Again he had been instructed by Webber & Newdigate.

Both the DPP and the AG seem to have had an axe to grind with Justice Mosito. In 2012 the government had sought Justice Mosito’s legal advice on the retirement ages of the two. Ironically it was the AG who had contracted him on behalf of the government to provide that legal opinion.
Justice Mosito’s view was that both the AG and the DPP should retire at 55.

Mosito told the tribunal that was the beginning of the grudge between him and the two lawyers.
The judge also repeated that allegation in affidavits for several other cases he filed in a desperate bid to defend himself.
Justice Mosito told the tribunal that the AG and DPP thought “he was expelling them from work”.

“They pursued me like dogs pursuing a hare because they had this spirit of revenge…,” Justice Mosito told the tribunal during a heated exchange.
Makhethe’s first strike against Justice Mosito came a few weeks after the judge was appointed Court of Appeal president.
The AG, with the support of five senior lawyers, challenged Justice Mosito’s appointment on account that it had been made by a ‘caretaker government’.

He further argued that Justice Mosito was being rewarded for having provided legal advice to the government.
Once again state resources were used to hire the lawyers to represent the AG in the court battle.
The case would go all the way to the Court of Appeal where the AG lost.

In June that year Justice Mosito presided over his first session of the Court of Appeal. But as he was dealing with cases with judges he had hurriedly hired after the South African contingent of judges had resigned en masse another storm was coming his way. Some weeks earlier the government had allegedly refused to fund his trip to Namibia to negotiate with a judge he wanted to appoint to the Court of Appeal bench.

Justice Mosito had used his means to negotiate with judges from Zambia, Namibia, Zimbabwe and South Africa.
The Court of Appeal session had just ended when the DPP filed a motion to indict him on 19 charges of failing to file tax returns. Mosisili seized on those allegations to start pushing Justice Mosito out.

The tribunal was appointed in February 2016 and started the hearing in March. The hearing was concluded in October and the tribunal finalised its report on December 9.  Justice Mosito resigned on December 13, ten days before the tribunal’s report reached the King.
Despite having received Mosito’s resignation ten days earlier the King proceeded to ‘remove’ Justice Mosito. He said he was doing so based on legal advice. It is not inconceivable that the advice had come from Mosisili who as prime minister relied on the advice of the AG as the government’s chief legal officer.

Staff Reporter

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Lesotho’s own brandy

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ROMA-“Go, eat your food with rejoicing, and drink your wine with a cheerful heart, for already the true God has found pleasure in your works,” so says the Big Book.


Driven by that divine, Mohapi Pule has gone a step further – by coming up with a new type of brandy – to make you merry.
The brandy, Mountain Spels Brandy, will make the heart of the dying man rejoice.
“The healthy nutrients in fruits that make brandy, end up in you when you drink it,” he said.


Pule studied nutrition at the National University of Lesotho.
His brandy is made by fermenting fruits into wine. The wine is then distilled into a brandy. It carries the flavour and the aroma of the original fruits.


The story began when Pule was born in Quthing, Mphaki. He was born to a hardworking mother who brew traditional beer like no other.
“She brew beer well before I was born. She is still making it to this day,” he said.


His passion for brewing was probably “born” even before he was born. Mothers have a hidden way of passing not just their looks but their passions to their children.


As he grew up, he found that he was still intertwined with his mom’s brewing business in one way or another.
“Mostly, I am expected to fetch water for the brewing process. That, I still do to this day when I visit home,” he says.
Two decades later, Pule found himself in the Roma Valley, doing BSc in Nutrition.


“At some point, I found that I had lost purpose in life. There was not a thing that I could say, well, I was passionate about this thing or that thing.”
That situation, of course, threw him into some serious soul-searching.
It brought him back to his roots.


“During this period, I recalled that when I was younger, I used to imagine helping my mom do the packaging of the beer she was making and helping distribute it countrywide,” he said.

From a young age, the issue of subsistence business didn’t appeal to him. But that imagination came and passed. Now here he was, worried that he might not amount to anything in life.


Then, boom! An idea came!
What if he produced an alcoholic drink?

He could have thought about anything to do as a business but, lo and behold! He thought about his mother’s passion!


One of the things he loves about alcoholic beverages is that they are popular.

“I haven’t seen products as popular as alcoholic drinks,” he said.
He might be wrong or right but the reality is, the rest of the world has for generations found delight in alcoholic beverages – some to the extent of overdoing it to their injury!


“Mabele khunoana ralitlhaku thabisa lihoho. Mabele u tsoa kae e le khale re u batla re sa u thole? Ueeeena mabeeeele!” (Loosely translated beer brewed from sorghum make men happy. We’ve been looking for you from afar, you sorghum. In short, this is a praise poem for the Sesotho sorghum brew).
But then came the most difficult part. Which specific beverages should he focus on and how would he do it?


He decided that he would focus on ciders. He realised that not many people in Lesotho were making ciders.


He started experimenting at home and realized how difficult the process was. He just couldn’t get it right. To worsen matters, he also did not have the right equipment.

But like most successful innovators, he just knew that he had to start his business right away.


Pule says he then learnt about other forms of beverages: the spirits. Spirits are very high in alcohol content. Here we are talking the likes of whiskey, vodka and brandy.


He was particularly interested in vodka. He went into one NUL laboratory and, with necessary permission, began testing a number of spirits and doing a lot of research about them.


He began saving some of the money he earned from the National Manpower Development Secretariat in the form of student allowance so he could buy equipment. Saving was not easy. The subsistence money was already not that much. Having to share it with a business was asking a little too much.


But Pule was so determined that he did it, bought equipment that allowed him to develop what he thought was “vodka”.


However, after buying the equipment he immediately realised that the equipment was to make brandy not vodka.


“Now I was forced to get into brandy by chance,” he said.
It was a mistake that he has never regretted having realised that there are very few individuals who were making brandy in Lesotho.


Pule had to throw himself fully into experiments. He read books about brandy production. He even enrolled for an online course on distillation.
In the end, he began to see some light.

“I began to feel some difference in the taste of my produce,” he said. “When I shared my produce with my lecturers, they were over the moon!”
With that encouragement, Pule began packaging his brandy and is now selling it to family and friends.


“My small equipment means that I can’t produce much. However, If I were to get bigger equipment, things would be much better.”

Own Correspondent

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Ready-to-cook vegetables

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ROMA – ’MATUMANE Matela, a National University of Lesotho (NUL)-trained nutritionist, is an example of how a nutritionist should think and act.
Matela makes and sells ready-to-cook vegetables out of produce from her own farm or produce she preferably buys from local farms.
“When I make a dish, as a nutritionist, I make choices that ensure a typical package is packed with nutrition,” Matela said.

Today, we examine an interesting story of the lady who is determined to ensure that you eat healthy despite your busy schedule.
It started with her experiences in life.
She describes herself as an extremely busy woman.
She likes getting things done.
As the busy amongst us will say, the busier you become, the less you watch your diet.
She couldn’t escape the trap!

“My busy schedule meant that I ended up eating junk and I was gaining weight,” she said.
With time, she came to her senses.
As a nutritionist, she recalled that the best way to preach was to preach by example.
So, was she preaching what she practised?
Clearly, she wasn’t.
She had to find an option to maintain the busy schedule and eat healthy at the same time.

The beautiful thing about nutrition is that the healthiest foods are the closest to us: fruits and vegetables.
Some scientists even claim that our bodies seem to be designed to thrive on fruits and vegetables.
“Have you ever wondered why looking at a ripe raw peach on a tree is mouth-watering but looking at a fat cow isn’t?” asked one scientist.
Well, whether we were designed for fruits and vegetables or not, the truth is that they are good for our bodies.
That’s what good science tells us.

And we somehow “know it” too if you have heard about anything called intuition.
So one day she found herself increasingly eating fruits and vegetables.
It’s easier to change a religion than a diet, they say.
So it is commendable that she changed her diet at all.
“The idea was to chop as much vegetables as possible and put them in a fridge so that in future, I will just pull them out and cook.”
She wasn’t proposing something new.
Who amongst us doesn’t enjoy the convenience of just pulling up chopped frozen vegetables and cooking?

Little did she know that what she was doing was putting her on a path to a brilliant business.
It took a post on a social media to achieve just that.
“I took a pic of the chopped and packaged vegetables and posted them on my social media account. The reaction was swift. I began getting questions like, “how much?””
It immediately dawned on her that she could be sitting on a great business idea, after all.

So she gave it a try and started selling.
To her surprise, people started buying.
In fact, “I get orders for my products almost on a daily basis.”
That is how interested people really are.
This to an extent that her business now gets up to four irregular employees, she included, when the demand is high.
She said her training in Agriculture, Home Economics and Nutrition has helped her to give a thought into what she was doing.

For instance, where possible, she grows her own crops and sells them as first preference.
She has grown spinach, butternut, green pepper, onion, herbs and beans.
She is also in the process of renting more fields to grow more vegetables.
Then she empowers Basotho producers by requesting them to supply.
Going for foreign produce is the last resort.
Look at her packages and you realise something.
The “7 colours” proverb comes alive.

Those seven colours (several colours actually) may have been designed to appeal to your eyes but that is just the tip of the iceberg.
The colours of vegetables mean a lot in terms of nutrition.
Each colour gives you something different.
So, the more colours in one meal, the merrier.
To drive this home, let’s go a scientific route for a second.
Red, Blue and Purple: These vegetables contain substances that are good at reducing the risk of stroke, cancer and memory problems.
White: The likes of onion or garlic may help lower your risk of high blood pressure, high cholesterol, cancer and heart disease.

Orange and Yellow: Carrots immediately come to mind.
These vegetables contain substances called carotenoids which may help improve your immune system and help to improve the health of your eyes.
Basotho, it would appear, have long known a thing or two about the relationship between carrots and eyes.
Hence the famous saying, “o jele lihoete” (they ate carrots), often applied to good sportsmen or women with symbolically “good eyesight”.

Green: Green is life. Green vegetables come packed with chlorophyll, a chemical that scientists believe can boost your immune system, eliminate fungus in your body, clean your blood, lead to healthy intestines and give you boundless energy.
As a bonus, her Home Economics background is such that she is armed with a host of recipes for each of the packages she sells.
She has great dreams for the future.
“I want to see my products decorating the shelves of big supermarkets,” she said.
It’s time!

Own Correspondent

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A new, co-operative chain store

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ROMA – ’MAKUENA Lesiea is spearheading the creation of a cooperative chain store that will sell Lesotho products only.
The store is being developed under the National University of Lesotho (NUL) Innovation Hub and it will be incubated by the Hub.
“Have you seen it? Basotho are producing like never before,” Lesiea said.
“However, their products are hard to see in the markets. We want to change all that.”

The store, she said, will open branches in all districts of Lesotho, starting from Maseru.
Visit any supermarket in Lesotho and check the products on the shelves.
You will be shocked to realise that, in general, just one percent of them are made in Lesotho.
The other 99 percent comes from elsewhere.
Is it because Basotho are not producing or can’t produce at all?
Nope!

“Having worked directly with the NUL Innovation Hub and the Tsa Mahlale TV programme under the Hub, I have travelled the depth and breadth of Lesotho and I was amazed at the amount of work Basotho are doing,” she said.
What is the problem?
Basotho products are not given sufficient platforms to prove themselves.
“Credit where it is due, some shops are beginning to accept and sell Basotho products,” she said.

“However, they are barely making a dent because Basotho products, being at their infancy, cannot receive full attention unless by a store that is designed to give them full attention.”
Such a store doesn’t exist.

She said the idea is not to compete with any of the existing stores because “we are getting into a new territory altogether, we are addressing a different market”.
So listen to Lesiea as she presents some features of the store that will surely persuade you to join the bandwagon:

  1. Customer and producer confidence: The store, she said, will achieve two things.
    First, when they see masses of Lesotho-made products in one place, Basotho customers will slowly grow confidence in them.
    The confidence will shoot to the roof when the customers experience that many of the products made in Lesotho are already way ahead of foreign competitors in terms of quality.
    Secondly, the store will give Basotho producers an assurance that their products have, at least, one store that is willing to take them, dark or blue.
    More production will come from such assurance.
  2. Selling “everything”: The store will sell everything from fruits and vegetables to processed foodstuffs to clothing and building materials (if Thabure car will be in production by then, it will be on the shelves too).
    “Suppose what we want to sell is not locally made, we will never cross the border, any border, to find its equivalence. We will encourage Basotho to produce it until they do.”
  3. We mean business: whereas Basotho are beginning to produce, their products are still all over the place.
    You bump across them in some few willing stores, in expos and trade shows, or as being sold by individual resellers. Those are good efforts, but they are not enough. In fact, many in Lesotho have come to see producing and selling as being more of an art, a hobby, a therapy or a hustling than a business, “so we are seriously moving away from such a casual approach, we mean business this time around.”
  4. Ownership: So when you enter this store, you could be purchasing a product made by you in a store owned by you. What a difference!
  5. Reasonable standards: the store will only demand reasonable standards. As a struggling Mosotho, try taking your products to some of the local shops and you are, at worst, turned away without reason or, at best, given a long list of standards you must meet before they can take your product.
    “In our case, as long as your products are reasonably of good quality, you are in. NUL Innovation Hub is already testing many Basotho products. We won’t ignore quality, but we won’t use it as a way to prevent Basotho products from growing either.”
  6. A cooperative chainstore: From contributing as little as M50 per month, members will use a continuous financing model to ensure that the store doesn’t just end in Maseru but reaches the ten districts of Lesotho.
    Each branch will start at a medium scale in order to grow along with Basotho products. We won’t ask for investors to come from anywhere, “we will be investors ourselves.”
  7. An export launch pad. “We are often told to export our produce. The obvious question is, if you haven’t convinced your own people to consume your own products, how can you convince people in other lands to do so? Why should they take you seriously?”
    However, the store is not meant to be a local store forever.
    It will be a means by which we export our products to other countries in the future.
    When we export the store to Soweto, we export it along with products from Lesotho.
    Don’t say no because we have seen Chinese shops and Indian shops and, of course, South African shops, filled to the brim with Chinese products and Indian products and South African products in many countries.
    “If they can do it,” Lesiea ended, “so can we.”
    “Because if it is there in some of us, it is there in all of us.”

Own Correspondent

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