Connect with us

News-pst

Big blow for Frazer Solar

Published

on

MASERU – THE High Court this week delivered a massive blow for Frazer Solar, a Germany company trying to impound Lesotho’s assets over a botched solar power deal.

The court ruled that the M2 billion contract Frazer Solar signed with former Minister Temeki Tšolo in 2018 violated Lesotho’s constitution and procurement regulations.

This, the court said, means the contract the company has been claiming the government breached is null and void.
The contract was for Frazer Solar to install solar heaters, solar photovoltaic systems, and LED lights in government buildings and civil servants’ homes.
The judgement puts the company on the back foot in its aggressive attempt to confiscate Lesotho’s international assets.
The company has been pursuing Lesotho’s assets in South Africa, the United States, the United Kingdom and Mauritius.
And last week it was granted an order to confiscate the bank accounts of Lesotho’s consulate in Belgium. The government says it is challenging the decision.
Lesotho is also challenging the arbitration award granted to the company in South Africa. It is the same award the company is using to go after Lesotho’s properties in other countries. The case continues.
The ruling in Lesotho could however turn the tables against Frazer Solar.
The High Court ruling paints a picture of what looks to be an elaborate scheme to fleece the government.
At the centre of that plot was Robert Frazer, Frazer Solar’s managing director, and Tšolo who was Minister in Prime Minister Thomas Thabane’s office.
The judgement reveals how Tšolo and Frazer aggressively pushed for the contract despite being aware that it had not been approved by the cabinet and procurement procedures had not been followed.
Tšolo signed the initial Memorandum of Understanding (MOU) with Frazer four days after former Prime Minister Moeketsi Majoro, who was then finance minister, refused to sign it. Majoro told Tšolo that he could not sign the MOU before it was scrutinised by the relevant ministries’ officials.
But Majoro’s rebuff didn’t stop Tšolo from signing the MOU on the government’s behalf. Nor did it stop Tšolo from preparing a memorandum requesting the cabinet to approve the deal.
The court said Tšolo lied to the cabinet that he had consulted the Ministers of Finance, Public Service, Local Government, Energy and Development Planning.
Tšolo later withdrew that memorandum before it was approved by the cabinet but continued to push the deal with Frazer.
Although the cabinet did not approve the project and Majoro refused to sign it off, Tšolo told Frazer, in a letter, that the government “agrees and commits” to the project.
Without cabinet approval, Tšolo told Frazer, in the same letter, that the government was looking forward to the implementation of a “transformational project which will greatly benefit all Basotho and create closer bonds between Germany and Lesotho”.
The court said “Tšolo’s mind was dead set on concluding the agreement regardless of every legal impediment which stood in its way”.
Tšolo and Frazer went ahead to sign the Supply Agreement in September 2018 without cabinet approval.
It is that agreement that has now put Lesotho’s international assets in danger, with the company claiming that the government owes it about M900 million for breach of contract.
The court said the Supply Agreement dishonestly referred to a “financial agreement” which it called annexure A.
That financial agreement, the court noted, was not attached because it had not been signed by Majoro as Minister of Finance.
The absence of that financial agreement, however, did not stop the Supply Agreement from committing the government to making loan repayments and paying Frazer Solar.
The wording in the Supply Agreement also appears to provide a cover for the company’s failure to follow procurement regulations.
One clause says “the Agreement and the Project complies with all the laws of the Government of Lesotho in respect of procurement, including but not limited to the Regulations and this contract has been approved by the Chief Accounting Officer”.
The court said this was not true and Tšolo was being “mendacious” when he signed the agreement.
Frazer Solar also appears to have tried to insulate itself from the potential risk that Tšolo was not authorised to sign the agreement on the government’s behalf.
One clause says Tšolo had “the power, authority and legal right to sign this Agreement and this Agreement has been duly authorised by all necessary actions of its trustees and constitutes valid and binding obligation on it”.
Tšolo had no authority to sign that agreement on the government’s behalf.
The court said the supply agreement is invalid because it was signed without following an open tendering process as stipulated in the regulations.
During trial Frazer Solar conceded that the agreement did not comply with procurement regulations but claimed this was none of their business. The company argued that it should not be expected to know that the agreement did not comply with the procurement regulations.
The court however said while the company wanted to play victim, it was convinced that it knew that the agreement violated procurement regulations.
It said although the company’s proposal was unsolicited, it should have known that procurement regulations should have been followed for it to be considered a preferred supplier.
The court said the Supply Agreement and the arbitration clause in it was “unconstitutional, unlawful and invalid and is reviewed and set aside”.
Last night, Frazer Solar issued a statement dismissing the ruling as “irrelevant” and announcing that it was intensifying its efforts to impound Lesotho’s international assets.
“The judges have confirmed that the government of Lesotho chose the wrong method with which to proceed with Frazer Solar’s renewable energy project.
“We acted in good faith throughout by proceeding with the procurement rules provided by government officials,” said an unnamed company spokesperson in the statement.
“If the government thought that the High Court’s decision could be used as a further delaying tactic, then they face an unpleasant surprise.
“The Belgium court’s recent ruling in Frazer Solar’s favour demonstrates our ability to target the Kingdom’s assets and bank accounts anywhere in the world.”
“The High Court’s decision will only serve to accelerate our plans to launch fresh enforcement proceedings across multiple legal jurisdictions,” he said.
Staff Reporter

News-pst

SR mob attacks journalist

Published

on

MASERU – TŠENOLO FM presenter, Abiel Sebolai, was allegedly beaten and injured by a mob of Socialist Revolutionaries (SR) supporters on Saturday.

Sebolai said the mob, which he suspected was drunk, attacked him with fists, sticks and stones.

He said the group was enraged after he tried to take pictures of their cars which belonged to the Ministry of Local Government

Sebolai told thepost that he had gone to Thaba-Tseka with the Thaba-Moea MP, Puseletso Lejone Paulose, on a work trip when he spotted a group of people clad in SR regalia riding in the government vehicle, hoisting beer bottles.

“We were in Mantšonyane when I saw the Local Government vehicle full of men and women with bottles of beer in their hands,” Sebolai said.

“I saw that the majority were wearing Socialist Revolutionaries regalia.”

He wanted to talk about the abuse of government vehicles on his programme the next day.

“I then took out my phone to capture a few pictures and a video,” he said.

He said just as he started taking pictures, the vehicle made a U-turn and approached him.

“The driver came to me and asked me what I was doing with my phone,” he said.

He said he told the driver that there was nothing wrong with taking pictures as a journalist.

“The person I was with reprimanded him and he attempted to walk away only to turn back and punch me.”

“After the first punch, I retaliated by throwing a punch too. I managed to hit him hard and he fell.”

He said the group then jumped off the car and started assaulting him with stones and sticks.

Sebolai said he tried to flee but was stopped by the “stones that were coming to me like rain until I was hit and fell”.

“What nearly took my life was a stone that was thrown while I was falling. It hit me on the forehead and from then I went blind.”

“They were insulting me so much.”

Sebolai said he was helped by a Good Samaritan who risked his life to drag him into his vehicle.

“From there I was taken to the clinic in Lesobeng before an ambulance took me to Mantšonyane Hospital.”

“I went to the Mantšonyane police station where I found the same Local Government vehicle parked,” he said.

“I am told that the Local Government Minister instructed it to be impounded and my assailants arrested.”

He complained that he was injured while doing his work “but the Ministry (of Communications) and MISA are silent about my attack”.

The SR spokesman, Thabo Shao, told thepost that they received a report about the incident and the party does not “condone that behaviour”.

“I hear arrests are not yet made, those people should be arrested,” he said.

The MISA director, Lekhetho Ntsukunyane, said the board will soon meet to discuss the matter and call the victim before issuing a statement.

“We are going to work it out and then issue a condemnation,” Ntsukunyane said.

Nkheli Liphoto

Continue Reading

News

Infighting rocks BNP

Published

on

MASERU – THE Basotho National Party (BNP) has become the latest party to be rocked by infighting triggered by its dismal performance in the October election.

As the party grapples to come to terms with its thumping defeat bigwigs have been pelting each other with blame for the poor performance.

So intense is the internal feuding that the party is now said to be on the verge of implosion.

In the tug of war is the party’s secretary general, Moeketsi Hanyane, who this week fired a salvo at party leader Machesetsa Mofomobe.

Hanyane told a press conference on Tuesday that Mofomobe should accept the blame for leading the party to its worst election defeat in history.

He said instead of taking responsibility as a leader, Mofomobe is blaming him for the dismissal performance.

Mofomobe has however fired back, accusing Hanyane of being rebellious.

“It has been a while since I have been shouldering the blame for the general election’s poor results,” Hanyane said, adding that Mofomobe has been instigating his supporters to insult him.

He said the party did not perform well because it didn’t have money to campaign.

He said the BNP did not get its share of the political campaign funding from the Independent Electoral Commission (IEC) because it failed to account for what it received in the 2015 election.

Out of the M175 000 that the BNP was supposed to get from the IEC, it got only M15 000 as campaign funds, Hanyane said.

He also said those in the past BNP national executive committee, of which Mofomobe was a member, did not account for the campaign funding received in 2017.

“As a result, our party failed to secure M111 000.”

Hanyane said because of the financial problems the party used rentals from its BNP Centre to fund the rallies in Maputsoe, Quthing, Mafeteng and Teya-Teyaneng.

He said this was the first time since 1993 that the party could not afford to print campaign regalia.

Hanyane also said the national executive committee is chaotic under Mofomobe’s leadership.

“They accuse other members of sabotage, which shows a lack of cooperation in the party.”

Mofomobe, Hanyane added, spent more time mocking other party leaders instead of advancing the BNP’s values and policies.

He said instead of pleading with members of other parties to vote for the BNP, Mofomobe called them “idiots beyond redemption”.

No wonder, Hanyane said, people turned against the party.

He said Mofomobe was not ashamed to use valuable campaign time to mock leaders who own aeroplanes.

“He said their aeroplanes were made of cardboxes, and that was his campaign message,” he said.

 

He also said the BNP supporters were put off by Mofomobe’s close relations with

Democratic Congress (DC) leader, Mathibeli Mokhothu.

“That issue did not sit well with some party supporters and followers in constituencies,” Hanyane said.

He said Mofomobe angered the chiefs and the church, the party’s traditional pillars.

“The chiefs regarded our party as one of the parties that were fighting them and the church too, those are the pillars of the party.”

He said Mofomobe should “go back and apologise to the chiefs and the church for hurting them”.

“The leadership should also apologise to the members where they did wrong.”

Mofomobe however said Hanyane will face the music for organising a press conference without the national executive committee’s approval.

“The party will meet as soon as possible to take internal measures against the secretary general for doing what he did,” Mofomobe said.

He accused Hanyane of ignoring his orders.

“I told him to go on radio to campaign for the Stadium Area elections but he refused and I ended up going there myself,” Mofomobe said.

He said he will not hate Mokhothu without a valid reason.

“I will not hate him just because people want me to hate him,” he said.

He also stated that although they work well with Mokhothu he has his own reservations that include the DC’s support for Lieutenant General Tlali Kamoli who has been wallowing in remand prison for the past five years as he goes through trial for murder, attempted murders and treason charges.

The DC is on record pushing for the withdrawal of charges against Lt Gen Kamoli.

Mofomobe said he is not the first BNP leader to work with congress parties as Leabua Jonathan, the party founder, once worked with Basutoland Congress Party (BCP)’s Pokane Ramoreboli who he made justice minister.

Nkheli Liphoto 

Continue Reading

News

Rogue soldier loses bid to save job

Published

on

MASERU – A soldier who insulted his superior for stopping him from joining a crowd that later killed a civilian during a drunken fit of anger at a bar has lost his bid to overturn his dismissal from the army.

The Court of Appeal last week ruled that army commander, Lieutenant General Mojalefa Letsoela, followed the law to the letter when he fired Private Lehlohonolo Alotsi.

The case was before the President of the Court of Appeal, Professor Kananelo Mosito, Justices Phillip Musonda and November Mtshiya.

The court found that on Christmas Day of 2018, Alotsi, together with nine other soldiers, was on patrol at the Ha-Peete Military Base.

They went to a local bar and ended up staying outside the barracks until after 10pm, which is the prescribed time for soldiers to be back inside the barracks. A fight broke out at the bar between the soldiers and some civilians.

The soldiers went back to the barracks and ordered their superior, one Corporal Thabi, to hand over some riffles to them. Corporal Thabi ordered them not to go but his orders were ignored.

Alotsi told the court that he did not go but admitted that he used abusive language against his superior. Thereafter there was a shootout at the bar leading to the death of a civilian. Some civilians were also injured in the shootout.

On New Year’s Eve Alotsi and his co-accused appeared before Presiding Officer, Major Lekoatsa, for summary trial relating to military offences they had committed at Ha-Peete. They all pleaded guilty to the charges laid against them.

Alotsi was charged with disobedience, acting in a disorderly manner, and using inappropriate language to a superior officer. Major Lekoatsa found him guilty and sentenced him to 80 days in detention.

He was also severely reprimanded. Major Lekoatsa told Alotsi that he had 14 days within which to appeal against the sentence.

Alotsi did not challenge both the conviction and sentence at that time and only did so when Lt Gen Letsoela wrote him a letter saying he should give reasons why he should not be fired.

It was during this time when he revealed that Major Lekoatsa had coerced him to confess even though he was not involved in committing the crimes, apart from disrespecting his superior.

In his letter to Lt Gen Letsoela, Alotsi apologised for being out of the barracks beyond 10pm, saying he did not do it intentionally.

“My intention was still to make it back on time but being human, I got carried away,” he pleaded.

“General Sir,” he continued, “here I give a full account of the truth.”

He told the army boss that there was a fight that broke out at a bar and he had no idea how it started and how it ended.

He said they ran back to the barracks to ask for guns to rescue one Private Ramarou.

“I, Pvt Alotsi, was never given a gun, the guns were given to Private Teolo and Private Khoaisanyane,” he said.

“Commander Lesotho Defence Staff, General Sir, I yet again implore you for mercy as I had been in an unwarranted exchange with Corporal Tlhabi, where it appears that I insulted him,” he pleaded.

“I am not a vulgar person at all. I am a soldier who respects a lot, I follow orders,” he said.

“Corporal Tlhabi was ordering me to not go back with the soldiers to go get Private Ramarou. I indeed stayed behind.”

“I deeply apologise, General, Sir.”

The court found that Lt Gen Letsoela has prerogative to fire any soldier or officer if in his judgment his continued service “is not in the best interests of the Defence Force” or the soldier “has been convicted of a civil or military offence”.

“Depending on the gravity of the offence, (the army commander), even in a situation where a soldier is pardoned, (may) still proceed to discharge him or her,” the court said.

“There is no dispute that the offences committed were serious and obviously offended the standing ethics of the force.”

Alotsi had taken the commander to the High Court saying he was being punished twice. The High Court dismissed his application, leading to this appeal.

Continue Reading
Advertisement
Advertisement

Trending