MASERU-HAD it not because of the intervention of former Prime Minister Pakalitha Mosisili, retired teacher Mosiuoa Nthakong would still be wallowing in poverty.
Life could have been far better for Nthakong had the government obeyed a court order to pay him all his benefits upon retirement.
Nthakong, a former District Administrator in Qacha’s Nek, was a teacher by profession and taught at a local school for years.
But now, from being the highest authority in the district, he ended up a street vendor selling fruits at Qacha’s Nek market to provide for his family and take his children to school.
The government, he says, was ignoring the court order to pay his benefits.
He says he has a wife and four children, of whom three are unemployed and one is still in school.
Nthakong says he had to go out on the street to sell fruits in order to provide for the family as they all depended on him.
He describes his life as “a living hell caused by the government of Lesotho through the Ministry of Education”.
It was after Mosisili saw him in the Qacha’s Nek market selling fruits and asked him what happened and he narrated his story to him.
Mosisili facilitated that the Ministry of Education pay him in accordance with the court order last month.
Nthakong, a former Qacha’s Nek Unity Primary School teacher, won awards for being the best teacher.
In 1995, he upgraded his education before being given a job at the District Resource Teacher, where he taught other teachers on the elements of the trade.
“After some time, I was asked to assist in Local Government under section 54 of the constitution,” he says.
Now working for the Local Government Ministry, he was no longer getting paid by the Ministry of Education, although he went to teaching when the programme ended.
“In 2014, I went back to local government in the office of the District Administrator until 2016.”
Nthakong says he wrote a letter to the Ministry of Education applying for early retirement seven months before the expiry of his contract.
“All my documents were released and I made copies of them while they kept the originals.”
Problems arose in early February 2017 when he enquired about the progress.
He says the human resources officer at the Teaching Service Department (TSD) told him that his file was missing.
“I told them I had all the copies of my file and after three days they phoned back informing me that they had found it.”
He says to his surprise, the whole year passed without any progress.
“In 2018, I called them again and they told me my file had gone to Pensions (a Finance Ministry department), when I asked for proof that indeed they had submitted my papers, they told me the person in charge was not around.”
He ended up calling the then Education Minister, Mokhele Moletsane.
“Minister Moletsane’s phone went unanswered till I called his deputy Ntoi Rapapa who informed me that my file was misplaced and it had a query.”
Nthakong says the query they were referring to related to the time he resigned as a teacher.
“To my surprise, I followed all the procedures.”
It was then that he took the ministry to court and on September 9, 2019 the court ruled in his favour, ordering the ministry to pay his money and 11 percent interest per year.
“I went back to TSD to remind them about the court order, but it was like news to them, they were so surprised like they did not know anything,” he says.
He says he showed them a copy of the judgment and the human resources officer took a picture, saying they were out of printing paper.
It was not until this year when he received a call from the Deputy Minister of Education informing him that they needed a month to process his benefits.
“This was just after the former Prime Minister Pakalitha Mosisili asked me about my benefits. He went to Maseru to fight for me,” Nthakong says.
Nthakong says he is not only angry about his benefits but the way the government violated a court order.
He says he was about to file for contempt of court when the Education Ministry called him.
Nthakong’s ordeal with the government’s habit to ignore court orders is just a tip of an iceberg as the practice is rampant although so far there are no compiled statistics.
Another recent example is of the Principal Interpreters of the High Court who wrote a letter to the Registrar and the Attorney General threatening to file for contempt of court.
Another case is that of the Lesotho Medical Association and the Ministry of Health.
On June 24 this year, the High Court had ordered the government to pay health workers’ allowances and provide them with all necessary protective equipment during Covid-19 pandemic.
The Lesotho Medical Association had approached the court requesting the ministry to provide them with the Personal Protective Equipment (PPE).
The court ruled in their favour but the ministry dragged its feet in implementing the court order.
The association’s lawyer, Advocate Fusi Sehapi, complained that “it is a tendency of the government to ignore the orders of the High Court because they think they are above the law”.
“Section 5 of the Government Proceedings and Contracts Act says (orders cannot be enforced against) the government ….thus putting it above the law,” Advocate Sehapi said.
He said he wanted to challenge that part of the law section because “the government is always in contempt the court, knowing that nothing will be done to them”.
Today the Lesotho Police Staff Association (Leposa) is expected to march to Prime Minister Moeketsi Majaro’s office demanding that Commissioner Holomo Molibeli be fired.
Leposa, among other things, complains the Commissioner Molibeli is in the habit of ignoring court orders.
A law professor at the University of Zimbabwe, Geoff Feltoe, in his research work titled The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, says “the State is legally obliged to comply with a judgment”.
“An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them,” Professor Feltoe said.
Professor Feltoe asks worrying questions: “But what if the State drags its feet in complying with a court judgment or, worse still, simply refuses to comply?”
“What remedies are open to the judgment creditor to overcome such recalcitrance on the part of the State?”
He gives an equally worrying answer: “The judgment creditor can try to force compliance by obtaining an order for the State to comply, failing which the State will be held in contempt.
But if the State still fails to comply, the existing law does not allow the judgment creditor to execute the judgment by attaching State property.”
Itumeleng Khoete