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Fiercely loyal to the end

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MASERU-FOR the 90 minutes that we spent at his business premises in Qoaling on Tuesday morning, Chalane Phori, 44, never stops talking.
He is animated.
He is articulate.

He puts a vigorous defence of some of his controversial policies while he was still serving as a Minister of Small Businesses in the last coalition government.

But what seems to drive him mad is what he says was the shameless act of betrayal of his mentor and leader – former Prime Minister Thomas Thabane – by his colleagues in the All Basotho Convention (ABC) party.
He says although Thabane had clearly indicated that he would step down at the end of July, his colleagues were so impatient with him that they ganged up with their “enemies” and pushed him off the cliff.
That, to him, was unforgivable.

Even though Phori says he is not bitter, he unsurprisingly keeps on harping about how his colleagues in the ABC went on to stab Thabane in the back.
It is worth pointing out that Phori, throughout the interview, fondly refers to Thabane as the “old man”, which is not just an expression of reverence but of how dear he still views him.

He says his relationship with Thabane goes beyond that of a political mentor. It is much deeper than that, as it is closely intertwined with his mentor’s political ideology, vision and dreams.
And when Thabane’s political career was finally snuffed out three weeks ago, so was Phori’s.

With Thabane bowing out of the political limelight, Phori says he has also decided to “retire” from active politics to focus on his vast business empire.
Phori is in the construction and manufacturing business. He also runs a chain of retail shops in Maseru.

Throughout the interview, it is clearly evident that Phori has still not got over what happened to himself and his boss.
Yet even with Thabane down and out, Phori, has remained fiercely loyal to his mentor.
That is not surprising.

When Thabane had his back against the canvass, pounded from every angle by his political opponents, it was Phori and a few others who fought to defend their leader, even when it became clear that the ship was sinking.
It was an explosive, bare knuckle fight that went to the wire.
But that soon invited scorn and derision for the likes of Phori who were seen to be going to ridiculous lengths to defend Thabane.

One of the allegations levelled against Thabane was that he had surrendered state power to his wife, ’Maesiah Thabane, who was now running government affairs from her bedroom.
Phori says that is nonsense.

“All the decisions that the government took were made in Cabinet and ’Maesiah was never there. The decisions that we took as a Cabinet were never changed a day after,” he says.
While ’Maesiah might have had her faults, she never interfered with the running of the government, he insists.

He says it is disingenuous for ABC members to argue that Thabane, who is now 80, should have resigned because of his advancing age since they were the very people “who overwhelmingly elected him Prime Minister just three years ago”.

“When we elected him party leader at the conference (in February last year), we knew how old the man was.”
Phori says to therefore argue that Thabane should have stepped down because of his advancing age was “an act of hypocrisy”.

He insists his party dismally failed to protect Thabane when they needed to.
“We had to protect him by all means and if we had problems we had to sit down as a party and resolve our problems internally.”
The ABC went into a tailspin, buffeted by internal wrangling after a divisive elective conference early last year.

The newly elected National Executive Committee, which was loyal to deputy leader Professor Nqosa Mahao, did not see eye-to-eye with Thabane and his old guard who lost at the elections.
That elective conference brought to the fore the bitter divisions within the party over the issue of Thabane’s successor.

It was only the fear of being completely swept out of power that saw the two factions burying the hatchet and coalescing around Finance Minister Moeketsi Majoro who was elected the new party leader.

Majoro was inaugurated Lesotho’s new Prime Minister a fortnight ago.
That only came after intense pressure was exerted on Thabane to step aside after damaging allegations that his current wife, ’Maesiah, had played a role in the murder of the premier’s ex-wife, Lipolelo Thabane, in June 2017.
While Thabane has not yet been formally charged, the police insist they are keen to interview him over his role in his wife’s murder.

The former premier has vociferously denied that he had any role in Lipolelo’s killing.
“Thabane served his country with respect and honesty but look, they just pushed him out like a dog,” Phori says. “God is going to judge them.”
Having ganged up against Thabane, Phori says he will not be surprised to see the new leadership begin to tussle again for positions of power and influence.

Critics say Phori will be remembered as the minister who crafted pro-Chinese policies at the expense of Basotho.
They cite the Wool and Mohair Regulations of 2018 which they argue created a monopoly that impoverished Basotho.

The regulations, which have since been overturned in the courts, made it illegal for Basotho to sell their wool and mohair outside the country.
Phori says when he arrived at the Ministry of Trade, the Chinese businessman Stone Shi was already in the country having been brought to Lesotho by the previous government led by Pakalitha Mosisili.
He says it was the Wool and Mohair Association that brought Shi to Lesotho only to turn against the Chinese businessman later on.

Phori was however unapologetic about his business connections with the Chinese saying he only “respects business and not the colour of one’s skin”.
“I look at principles and Basotho come first,” he says.
“We bring Chinese investors to Lesotho; we drive on roads built by the Chinese and we argue in a Parliament that was built by the Chinese and at the same time talk ill of the Chinese,” he says.

He says he does not deny that there are rogue Chinese businessmen adding however it would be unfair to blame all the Chinese for the wrongs done by a few.

“The Chinese are my friends; I knew the Chinese before I became an MP and I know Chinese who married Basotho here and I am not going to turn against my friends.”
Phori was first elected MP for Qoaling in 2012 and was re-elected for the third time in 2017. He served as a Minister of Small Businesses from 2017 to May this year when Thabane’s government collapsed.

The biggest lesson he learnt, he says, is that government ministers “are afraid to make the tough decisions”.
“They always preach about the big things they will do but once they are in positions of authority, they succumb to pressure; they can’t stand by their words.”

Phori says the law that governed the wool and mohair industry, which was crafted in 1977, required that the government collect a dipping levy from farmers.
However successive governments had failed to apply the law, resulting in a South African company pocketing the proceeds, he says.
“Basotho were not benefitting from their own product which was being sold on the international markets as a South African product,” he says.
Phori says it was that realisation that pushed him and many others within the government to come up with a new law to benefit Basotho.

“We did a pilot project with Mafeteng, Quthing, Butha-Buthe and Mohale’s Hoek farmers where we sold our wool abroad. We all saw that this was the perfect route and there were no complaints.
“But when we rolled out the project throughout the country, the opposition immediately ganged up against us.”

Phori is still unapologetic over the wool and mohair debacle, while acknowledging that it might have caused some pain for a section of society.
“If there was one policy that generated money for the government and for citizens, it was the wool and mohair policy.”
But why were there so many bitter complaints against the project, we ask.
“The Chinese might have been negligent but not 100 percent. There was a clear case of sabotage,” Phori says.

He blames what he calls “South African proxies who worked with farmers and some elements within the party” to sabotage the programme.
As a result of Lesotho’s unfortunate geographical position where it is entirely surrounded by South Africa, our neighbour shall always retain a keen interest in what happens in this country, he says.

He cites his ministry’s ban of beef imports from South Africa.
He says he wanted to block meat imports from South Africa and create a bustling market for Lesotho’s farmers.
But he was stopped in his tracks.
“They said this boy is becoming too big for his boots and we have to stop him. Unfortunately some of these people were my own people within the party but I have no regrets.”

Phori says what drove him most was a realisation that Lesotho did not manufacture anything of significance and had to rely on imports of even small things like toothpicks.
“I was pushing businesses that would be run by Basotho and that made me very unpopular with foreigners who were benefiting and their proxies here in Lesotho.”

“We have been kept where we are by these proxies run by South Africans.”
Having been so close to the seat of power, Phori admits that it is not going to be easy to change Lesotho’s economic fortunes because of the many competing interests among Basotho.

And when you try to make a difference, they accuse you of working for the interests of the Chinese, he says.
But he says he has no regrets for the decisions he took while he was still Minister of Small Businesses.
“I was there to push policies that would result in the growth of Basotho businesses.”

As a result of his direct, forthright manner, Phori has built an unwanted reputation as a trouble-maker among his political opponents.
But he denies he is out to court trouble.
“Which trouble am I making, I not a criminal,” he says. “If it is political, I take a stand on issues and stand by that decision; I am not a puppet.”
Phori says he is a successful businessman in his own right and was driven into politics to improve the lot of Basotho.

“I’m a reasonable guy, a businessman; I came into politics not to make money but to push the vision of the old man.
“We needed to support that vision and bring changes to the lives of the poorest of the poor.”
But with Thabane out of politics, Phori says he is also done with politics although he will continue to back newly elected Prime Minister Majoro.
That is necessary to keep the ABC intact and keep the DC out of power at the next elections in 2022, he says.
He however says he cannot bring himself to work with the DC in a coalition government because it presided over the killing of people when they were still in power between 2015 and 2017 and sent him into exile in South Africa twice since 2014.
“When politics becomes tough, the DC resorts to violence and now our people connived with them to work with them. I just cannot work with such people.”

“They connived with the enemies of the party which is the DC to bring down our leader. The DC specifically said they would not want to work with myself and Thabane.”

Phori says he was in a faction that backed Prince Maliehe and did not support Majoro for the leadership position adding the former finance boss “caused him lots of stomach aches”.
“But I have healed now and will support him fully as my Prime Minister. I will also support whoever is nominated to stand to stand for the ABC at the next elections.”

Phori was born on March 6, 1976 to a father who was a Basotho Congress Party (BCP) activist. His father was killed for political reasons in 1983.
Without his father who was the breadwinner, Phori says he had to assist his mother from a very young age to help her brew traditional beer which they sold to raise money for the family.
It was a tough upbringing which prepared him for the hassle and tumble of life.

“I never had time to play with other children and that made me grow up fast,” he says.
When other children were busy playing, I was already shouldering responsibilities of looking after my siblings, he says.
“I learnt to be self-reliant from a very young age. That helped me a lot. I do not lean on anyone’s shoulders for support. I fight for whatever I want.
“I don’t follow the crowd. I follow what I think is correct even if I am alone.”

Abel Chapatarongo

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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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