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Quiet victims of violence

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MASERU-BLIND, sodomised and humiliated. *Thabo’s experiences seven years ago pain him so much that he does not even want to talk about it.
His experience is a wake-up call to the world that even men can be victims of rape and other forms of gender-based violence.

Thabo’s story comes at a time when Gender Minister Likeleli Tampane launches 16 days of activism against gender-based violence, which started yesterday and will end on December 10.
In the seven years since the sexual incident, the 25-year-old Thabo said he never disclosed his story to anyone except to his colleagues at the Lesotho National League of Visually Impaired People (LNLVIP).
The association told his mother recently.

“Shame and emotional trauma exhibiting internally through fear prevented me to disclose,” he said, noting that he has and continues to experience grief, anger, shame and fear.
He also said fear of being called weak contributed to his non-disclosure. Being welcomed in the association made it easier for him to disclose his experiences, he said.

Thabo said he has been emotionally abused since his childhood because of his visual problem but in 2013, he was sexually violated multiple times in a forest.
He said it was on a winter morning and a bit dark when he learnt that someone was walking behind him.
“I didn’t mind him as it was early and I assumed he was going somewhere and I was unaware that I was the target,” he said.

He said he was dragged to the forest and sexually violated.
“While at it, he said what he did to me was payback since my late father, who was a police officer, once arrested him,” he said.
He said he doesn’t know the identity of the perpetrator, but he can still hear his voice.

“We spent the whole morning in there and he released me in the afternoon with the threat that should I disclose what had happened to anyone he would kill me the same way he killed my father,” he said.
“Knowing well how my father died I got scared.”

At home he came up with a false story when his mother asked him about his whereabouts on the day of the incident.
Thabo said since then he started hating boys and he started dodging school and lying to his mother.
“I was afraid to tell her the truth,” he said.
He said he tried to commit suicide in 2015 but failed.
He said his male friends assumed he was gay or feared girls since he couldn’t ask girls out.

“They tried to prove the point and by doing so my anger towards males increased. I don’t want any male in my life,” he said, noting that the experience is affecting his school performance.
Thabo did not perform well in Grade 12 last year and he is supplementing some subjects in his home district of Mafeteng.
“It’s unfortunate that my school work was affected.”

He said his mother found out about the ordeal through the association and, surprisingly, she has never even asked him how he was coping.
“It’s very sad and I wish we could at least talk about it and maybe I will feel better,” he said.
He said he has been trying to move on and accept what happened but “I just can’t.”

“I don’t know what to do anymore. I am trying but it gets difficult every day because that one session of counseling didn’t help me,” he said.
“I need more of that or maybe join a club of male victims where we can open up freely”.
He said he didn’t report the incident to the police because he has heard that police officers laugh at male rape victims.

However, he said, his association has been supportive since they learnt about it around October last year and they often ask how is he is coping.
Gender Minister Likeleli Tampane said this year’s 16 Days of Activism Against Gender-Based Violence theme is ‘Abuse Exists in Families and Should be Fought Together’.

Tampane said the aim is to raise awareness about abuse to Basotho so that they can prevent and avoid it as well as report such crimes.
She said she is planning to review and amend existing policies to respond to the rising challenge.
Tampane said the Covid-19 pandemic has led to increased abuse in families because of depression caused by loss of jobs and living together for lengthy periods, which is something not common to many.
She said reports show that rape and the murder of women and girls have increased.

“This shows that the country, especially the gender ministry, was affected as we deal with victims directly,” she said, adding that “we have not rested since the lockdown because of the high rate of murder and rape.”
She said Leribe has the highest incidents of abuse, forcing ministry officials to visit it “numerous” times to comfort affected families.

“We are concerned about millions spent to deal with abuse consequences that include amongst others health services, counselling, law and temporary housing and this is the money that the country was supposed to use for other development issues,” she said.
She urged all Basotho to take part in the fight against gender-based violence.

“Working together we will be able to win this fight,” she said.
Tampane said Basotho men should do away with a custom that views it as wrong for a man to cry, using an idiom that says monna ke nku h’a lle feela (a man is a sheep and therefore does not cry easily).
She said boys and men should learn to open up.

“It is still a challenge for them to speak out though it is their right,” she said.
The Lesotho National Federation of Organisations of the Disabled (LNFOD) Executive Director, Advocate Nkhasi Sefuthi, said people with disability experience violence and abuse in their homes, on the streets and at institutions.
“They are regarded as easy targets by perpetrators,” he said adding that “some of them cannot communicate properly which sometimes leads to inadmissibility of the evidence of such witnesses in court.”
Advocate Sefuthi said they were pushing tirelessly for the enactment of the Disability Equity Bill (DEB).

Police spokesman Senior Superintendent Mpiti Mopeli said currently the law does not specifically define gender-based violence so that there can be a specific charge to it.
“It has to be clarified for us with certain elements,” he said.
He said saying gender-based violence is high in the country is a statement without a basis because there is no legal explanation of the term.
“The challenge for us is we don’t know how to differentiate it from other crimes.”

He added: “Our statistics are not accurate as each case is dealt with using available laws and this makes our job difficult.”
He said the police usually hand out posters with contacts, conduct awareness campaigns on different media and at public gatherings to make people aware of gender-based violence, even though it is not spelt out clearly in law.

He said NGOs do assist with awareness workshops or meetings.
“They are effective but they still need to be intensified for victims to disclose. It’s not easily done as they need time. It is not a once off thing,” Senior Superintendent Mopeli said.

He said there is a dire need for communication platforms, especially for men to be able to open up and refrain from the monna ke nku h’a lle syndrome.

Social Development Principal Secretary, ’Mantšenki Sekete-Mphalane, said the ministry offers psycho-social support that includes counselling to help victims heal.
“While the victim is undergoing counselling sessions, we support them either by giving them advice while the police work on the case,” Sekete-Mphalane said.

She said they are raising awareness through radio programmes and public gatherings.
“Feedback has been positive to date since cases are now reported in larger numbers unlike in the past,” she said.

Advocate Mabela Lehloenya of the Federation of Women Lawyers (FIDA) said it was disappointing that there is no GBV law to date as perpetrators can take advantage of the loophole.
She said they are updated about the causes of the delays by the Gender Ministry “but still there is no specific law for GBV.”

“We still have a long way to go because culprits are not waiting on law,” Advocate Lehloenya said.
Advocate Lehloenya said the absence of a clear law “is very challenging” and forces the use of other laws such as the Penal Code Act, Sexual Offences Act, and Marriage Act or Child Protection Act.
“Things are currently all over the place and it is very unfair to abuse victims.”

She said the enactment of the law would be helpful as it would be a single codified document that deals with gender-based violence.
“We are working on programmes geared towards empowering, counselling and supporting victims.”

’Mapule Motsopa

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City Council bosses up for fraud

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THREE senior Maseru City Council (MCC) bosses face charges of fraud, theft, corruption and money laundering.

Town clerk Molete Selete and consultant Molefe Nthabane appeared in the Maseru Magistrate’s Court yesterday.

City engineer Matsoso Tikoe did not appear as he was said to be out of the country. He will be arraigned when he returns.

They are charged together with Kenneth Leong, the project manager of SCIG-SMCG-TIM Joint Venture, the company that lost the M379 million Mpilo Boulevard contract in January.

The joint venture made up of two Chinese companies, Shanxi Construction Investment Group (SCIG) and Shanxi Mechanization Construction Group (SMCG), and local partner Tim Plant Hire (TIM), has also been charged.

Selete and Nthabane were released on bail of M5 000 and surety of M200 000 each. Leong was granted bail of M10 000 and surety of M400 000 or property of the same value.

The charges are a culmination of the Directorate on Corruption and Economic Offences (DCEO) investigation that has been going on for the past months or so.

The prosecution says Selete, Nthabane, Tikoe, and Leong acted in concert as they intentionally and unlawfully abused the functions of their offices by authorising an advance payment of M14 million to a joint-venture building the Mpilo Boulevard.

An advance payment guarantee is a commitment issued by a bank to pay a specified amount to one party of a contract on-demand as protection against the risk of the other party’s non-performance.

The prosecution says the payment was processed after the company had provided a dubious advance payment guarantee. It says the officials knew that the guarantee was fake and therefore unenforceable.

As revealed by thepost three weeks ago, SCIG and SMCG were responsible for providing the payment guarantee as lead partners in the joint venture.

The prosecution says the MCC was required by law to make advance payment after SCIG-SMCG-TIM Joint Venture submitted a guarantee as per the international standards on construction contracts.

It alleges that the MCC has now lost the M14 million paid to SCIG-SMCG-TIM Joint Venture because of the fake advanced guarantee.

thepost has seen minutes of meetings in which officials from the joint venture admitted to MCC officers that the advance payment guarantee was dubious.

SCIG-SMCG-TIM kept promising to provide a genuine guarantee but never did. Yet the MCC officials did not report the suspected fraud to the police or take any action against the company.

It was only in January this year that the MCC cancelled the contract on the basis that the company had failed to provide a genuine guarantee.

Despite receiving the advance payment SCIG and SMCG refused to pay TIM Joint Venture for the initial work.

SCIG and SMCG, the lead partners in the joint venture, are reportedly suing the MCC to restore the contract. Officials from TIM Plant Hire however say they are not aware of their partners’ lawsuit against the MCC.

Staff Reporter

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Scott fights for free lawyer

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DOUBLE-MURDER convict Lehlohonolo Scott is fighting the government to pay a lawyer to represent him in his appeal.
Scott, serving two life sentences for murdering Kamohelo Mohata and Moholobela Seetsa in 2012, says his efforts to get a state-sponsored lawyer have been repeatedly frustrated by the Registrar of the High Court, Advocate ’Mathato Sekoai.
He wants to appeal both conviction and sentence.
He has now filed an application in the High Court seeking an order to compel Advocate Sekoai to appoint a lawyer to represent him.
He tells the court that he is representing himself in that application because the Registrar has rejected his request to pay his legal fees or appoint a lawyer for him.
People who cannot fund their own legal costs can apply to the Registrar for what is called pro deo, legal representation paid for by the state.
Scott says Sekoai has told him to approach Legal Aid for assistance.
The Legal Aid office took a year to respond to him, verbally through correctional officers, saying it does not communicate directly with inmates.
The Legal Aid also said he doesn’t qualify to be their client.
“I was informed that one Mrs Papali, if I recall the name well, who is the Chief Legal Aid counsel, had said that Legal Aid does not communicate with inmates so she could not write back to me,” Scott says.
“Secondly, they represent people in minor cases. Thirdly, they represent indigent people of which she suggested I am not one of them.”
“Fourthly, there are no prospects of success in my case hence they won’t assist me.”
He says the Legal Aid’s fifth reason was that he has been in jail for a long time.
Scott is asking the High Court to set aside Sekoai’s decision and order her to facilitate pro deo services for him, saying her decision was “irregular, irrational, and unlawful”.
He argues that the Registrar’s role was to finance his case to finality, meaning up to the Court of Appeal.
The Registrar insists that the arrangement was to provide him a lawyer until his High Court trial ended.
Scott says his lawyer, Advocate Thulo Hoeane, who was paid by the state, had promised to file an appeal a day after his sentencing but he did not.
He argues that the Registrar did not hear him but arbitrarily decided to end pro deo.
Scott says he wrote to Acting Chief Justice ’Maseforo Mahase in 2018 soon after his conviction and sentencing seeking assistance but he never received any response.
Later, he wrote to Chief Justice Sakoane Sakoane in November 2020 and he received a response through Sekoai who rejected his request.
Scott tells the High Court that he managed to apply to the Court of Appeal on his own but the Registrar later told him, through correctional officers, that “the Court of Appeal does not permit ordinary people to approach it”.
He argues that “where justice or other public interest considerations demand, the courts have always departed from the rules without any problem”.
Staff Reporter

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Army ordered to pay up

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THE Ombudsman has asked parliament to intervene to force the Lesotho Defence Force (LDF) to compensate families of people killed by soldiers.
Advocate Tlotliso Polaki told parliament, in two damning reports on Monday, that the LDF is refusing to compensate the family of Lisebo Tang who was shot dead by soldiers near the former commander, Lieutenant General Tlali Kamoli’s home in 2014.

The LDF, she said, is also refusing to compensate the family of Molapo Molapo who was killed by a group of soldiers at his home in Peka, Ha-Leburu in 2022.

Advocate Polaki wrote the LDF in January last year saying it should pay Tang’s mother, Makhola Tang, M300 000 “as a reasonable and justifiable redress for loss of support”.

The Tang family claim investigation started in February 2022 and the LDF responded that it “had undertaken the responsibility for funeral expenses and other related costs”.

Advocate Polaki investigated whether the LDF could be held accountable for Tang’s death and whether his family should be compensated while the criminal case is pending.

She found that the soldiers were “acting within the scope of their employment to protect the army commander and his family” when they killed Tang.

Soldiers killed Tang in Lithabaneng while she was in a parked car with her boyfriend at what the army termed “a compromising spot” near the commander’s residence.

The three soldiers peppered the vehicle with a volley of shots, killing Tang and wounding the boyfriend.

Advocate Polaki found that the army arranged to pay for the funeral costs and to continue buying groceries and school needs for Tang’s daughter.

The LDF, however, kept this for only four years but abruptly stopped.

When asked why it stopped, the army said “there is a criminal case pending in court”.

The army also said it felt that it would be admitting guilt if it compensated the Tang’s family.

The Ombudsman said “a civil claim for pecuniary compensation lodged is not dependent on the criminal proceedings running at the same time”.

“The LDF created a legitimate but unreasonable expectation and commitments between themselves and the complainant which had no duration attached thereto and which showed a willingness to cooperate and work harmoniously together,” Advocate Polaki found.

“The LDF was correct in withdrawing such benefit in the absence of a clear policy guideline or order to continue to offer such benefit or advantage,” she said.

“However, she should have been consulted first as the decision was prejudicial to her interest.”

She said the army’s undertaking “fell short of a critical element of duration and reasonability”.

Tang was a breadwinner working at Pick ’n Pay Supermarket as a cleaner earning M2 000 a month.

Her daughter, the Ombudsman said, is now in grade six and her school fees alone had escalated to M3 200 per year.

She said an appropriate redress should be premised on her family’s loss of income and future loss of support based on her salary and the prejudice suffered by her mother and daughter.

She said M300 000 is “a reasonable and justifiable redress for loss of support”.

In Molapo’s case, Advocate Polaki told parliament that the LDF refused to implement her recommendations to compensate his two daughters.

The complainant is his father, Thabo Joel Molapo.

The Ombudsman told the army in August last year that it should pay the girls M423 805 “for the negligent death of their father”.

Advocate Polaki said despite that the criminal matter is before the court, “it is established that the Ombudsman can assert her jurisdiction and make determinations on the complaint”.

Molapo, 32, was brutally murdered by a soldier in Peka in December 2020.

Molapo had earlier fought with the soldier and disarmed him.

The soldier, the Ombudsman found, rushed to Mokota-koti army post to request backup to recover his rifle. When he returned with his colleagues, they found him hiding in his house. The soldier then shot Molapo.

The LDF, the Ombudsman said, conceded that the soldier killed Molapo while on duty and that he had been subjected to internal disciplinary processes.

“The LDF is bound by the consequences of the officer’s actions who was negligent and caused Molapo’s death,” she said.

She found that after Molapo was killed, army officers and the Minister of Defence visited his family and pledged to pay his children’s school fees. They also promised to hire one of his relatives who would “cater for the needs of the deceased’s children going forward”.

The LDF, she said, has now reneged on its promises saying its “recruitment policy and legal considerations did not allow for such decision to be implemented”.

Molapo’s father told the Ombudsman that the LDF said “the undertakings were not implementable and were made by the minister at the time just to console the family”.

All the payments in the two cases, the Ombudsman has asked parliament, should be made within three months.

Staff Reporter

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