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‘Sex work is work’

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MASERU – SEX workers in Lesotho say life on the streets is rough in a country where trade is rife with treachery, violence and stigma.

Some say decriminalising sex work could reduce the suffering and help sex workers with easier access to services.

Sello, a 38-year-old Maseru pansexual man, says he prefers sex with other men than with women.

But, for money, he often finds himself sleeping with women as part of his job as a sex worker for the past 14 years.

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“It is demanding to have sex with a woman and I have to satisfy her because she is paying,” said Sello, who requested that his full name be hidden to protect his identity.

“Although I am pansexual, mostly I am homosexual so I have to take drugs such as Viagra for me to get my system going to satisfy a client.

I don’t know what these drugs will do to my body, I am scared,” he said.

He said men he sells sex to often refuse to wear condoms.

“I take PrEP (Pre-Exposure Prophylaxis) but it only protects me against HIV. It’s risky and I am still rolling with the punches as I haven’t conquered any of the challenges.”

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Sello uses social media to market his services. He says sex work has its own rules.

“Re hoeba ka thobalano, e seng ’mele (We sell sex, not our bodies). There is no foreplay before intercourse so the buyer must come prepared or aroused and ready to do what they paid for.”

Sello said decriminalisation of sex work is vital for the industry.

“It will be easier for us to have security, brothels and commodities (lubricants). It will help reduce HIV infection,” he said.

Sello said criminalising sex work promotes violence, rape and stigma towards sex workers and also police brutality.

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“Currently, police officers don’t deal with Gender Based Violence cases fairly because sex work isn’t decriminalised and some clients take advantage of that. We are violated,” he said.

He said he regards sex work as a business opportunity.

“I realised that there are men in need of sex with other men but they are still in the closet.

“I realised that I can help them but as time went on, I realised there were women too who were in need of sex and they were willing to pay so I grabbed the opportunity.”

A female sex worker, Lisebo, described her work as “hell on earth”.

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She described scenes of one evening. She said she showed up at work as usual at around 7:30 pm. She said a client approached her seeking services two hours later and asked to go to his place.

“I went there because I needed money. Little did I know that he would refuse to use protection and when I disagreed, things turned rough.

“He beat me up and nearly stabbed me with a knife. I ran out of his house naked. Luckily it was at night,” said the 34-year-old who has been a sex worker since 2019.

She said men often take advantage of her.

“Some will come with little money that isn’t worth my services. They beat me up if I refuse. Some tear condoms or remove condoms without my consent,” she said.

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She said she was treated for a Sexually Transmitted Infections (STI) at a clinic recently.

“It was difficult as the people at the clinic I went to were hostile. The attitude of a health care professional changed suddenly when I informed her about the nature of my illness.

“She said to me ‘siki ena ea hau ea nkha, ha u tsebe u n’u nts’u luletse’ng’ (You have a stinking illness and I don’t know why you delayed coming),” she said.

“I no longer feel free to open up to our healthcare providers. My job is risky and people will be asking why I can’t quit. But what will happen to my dependents?”

Lisebo also called for decriminalisation of sex work “because we are not safe”.

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“Recently, two of my colleagues were brutally killed and we saw their pictures making rounds on social media,” she said.

“Criminalising sex doesn’t mean there will be no sex workers,” she said.

“We exist and all we need is an organised brothel so that some clients will stop violating us.

“If sex work gets decriminalised, it will be very helpful because we would be able to report abuse to the police.

“Currently, they dismiss us on the basis that what we are doing is unlawful.”

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She added that decriminalising the trade could also help deal with the scourge of child prostitution.

“Maybe children as young as 12-years-old will stop coming here. We have tried to stop them but we have failed,” she said.

Lisebo said when they approached the police about children selling sex they were told that they were jealous because they were being outcompeted.

Lisebo was introduced to sex work by some sex workers whom she said were her neighbours but are now late.

“Other than poverty, I envied their lives because they wore beautiful clothes and ate delicious food,” she said.

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They told her that they worked the night shift as factory workers and invited her to join them one night, lending her their beautiful clothes to wear.

To her surprise, when they got to a spot they gave her condoms and showed her a place to stand so that she could attract customers.

That was when she realised that she had been invited to sell sex.

“I have not stopped since then.”

Sex work is largely deemed illegal and immoral in Lesotho and other parts of Africa.

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Although prostitution is a punishable offence under Lesotho’s Penal Code, sex workers and other queer groups have succeeded in legally registering an association advocating for their rights.

The association, Key Affected Populations Alliance of Lesotho (KAPAL), consists of current, past sex workers and allies.

Advocate Joanna Jonas, an ally, who is also a human rights lawyer, lamented that sex work is illegal under Lesotho’s 2010 Penal Code.

The Penal Code Act of 2010, Section 55, defines a prostitute as a person who engages in sexual activity for payment.

It criminalises inciting, instigating or engaging or procuring another to engage, either in Lesotho or elsewhere, in prostitution.

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A person who persistently pesters others in a public place with the intention of engaging in sexual intercourse or with the intention of facilitating sexual intercourse with another person commits an offence, according to the Code.

The Code also states that a person who lives or habitually associates with a prostitute or is proven to have exercised control, direction or influence over the movement of the prostitute in such a manner as to show aiding or compelling prostitution for commercial gain, is deemed to have committed an offence.

The Code also says a person who detains another person against his or her will in premises which are used for prostitution or in any other place with the intent that such a person should engage in sexual intercourse with another person, commits an offence.

Advocate Jonas said KAPAL wants to challenge section 55 of the Code.

“We do not recruit people to be sex workers. Sex work is already there but we want it to be decriminalised,” she said.

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“Decriminalisation should seek to recognise sex work as work governed by labour laws and other related laws,” she said, adding that legalisation of sex work is recognising sex work as work that is protected by labour laws and any other related laws.

Advocate Jonas argues that criminalisation of sex work is a contributing factor to new HIV infection, violation of the human right to economic development, violence promotion, stigma and discrimination towards sex workers.

“It violates the human right to have sex with anyone, the right to bodily autonomy, limits the human right to equal access to sexual reproductive health services and the contributing factor to police brutality and rape,” she said.

KAPAL is on an ongoing six-months project funded by Urgent Action Fund Africa (UAFA) to capacitate key stakeholders about sex work issues, and lobbying MPs to decriminalise sex work.

The association said it is planning to approach the Constitutional Court to declare as unconstitutional the criminalisation of sex work.

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KAPAL Executive Director, Lepheana Mosooane, said a sex worker must be someone who is 18-years-old and above and must not be forced by drugs, alcohol, human trafficking, sex slavery or any form of threat.

People under 18 cannot be defined as sex workers and are understood in law as victims of sexual exploitation, he said.

He said the difference between sex work and prostitution is that sex work is a voluntary buying and selling of sex by two consenting adults and it is governed by rules and regulations.

Prostitution, he said, refers to exchange of sex for goods, services or gifts by anyone with no governing regulations.

“Some of the crimes under prostitution include sex with underage kids, drugs, human trafficking, sex slavery and many more,” said Mosooane.

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He said sex work is a career of choice, income generating activity, second income, lack of equal access to employment and lack of equal access to business opportunities to mention a few.

“It can be bought on the streets and public places, bars, home, stockvel, online or brothel,” said Mosooane.

The Lesotho Population-based HIV Impact Assessment (LePHIA) 2020 statistics says there is high prevalence of HIV among women aged 15-44 at 29.4 percent, 71.9 percent among female sex workers and 32.9 percent among male sex workers.

’Mapule Motsopa

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Knives out for Molelle

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MASERU

KNORX Molelle’s appointment as the Director General of the Directorate on Corruption and Economic Offences (DCEO) in February 2023 could have been illegal.

The Law Society of Lesotho has told Prime Minister Sam Matekane that Molelle was appointed without being admitted as a legal practitioner in Lesotho, as required by law.

The society claims the information came from a whistleblower on January 2 and was corroborated by its roll of legal practitioners in Lesotho.

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The society says the appointment violates section 4 of the Prevention of Corruption and Economic Offences Act 1999 which states that a person shall not be appointed as the DCEO director general unless they have been admitted as a legal practitioner in terms of the Legal Practitioners Act.

In the letter, Advocate Ithabeleng Phamotse, the society’s secretary, tells Matekane that this requirement “is not a mere procedural formality but a substantive qualification essential to the lawful appointment of the Director General”.

“The absence of such qualification fatally impairs the appointment ab initio, rendering it null and void from the outset,” Advocate Phamotse says in the letter written on Tuesday.

The society argues that if left unaddressed the illegality undermines the credibility, effectiveness and legality of the DCEO’s operations and exposes the kingdom to serious risks, including challenges to the lawfulness of decisions and actions made by Molelle.

“Should it be confirmed that the appointment was made in contravention of the mandatory legal requirements,” Advocate Phamotse said, “we respectfully urge you to take immediate corrective action to rectify this glaring irregularity”.

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Advocate Phamotse tells the prime minister that if the appointment is not corrected, the society would be “left with no alternative but to institute legal proceedings to protect the interests of justice and uphold the rule of law in Lesotho”.

“We trust that you will accord this matter your highest priority and act decisively to avert further damage to the integrity of our governance structures.”

The Prime Minister’s spokesman, Thapelo Mabote, said they received the letter but Matekane had not yet read it yesterday.

Matekane is on leave and is expected back in the office on January 14.

Questions over the validity of his appointment come as Molelle is being haunted by the damaging audio clips that were leaked last week.

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The clips were clandestinely recorded by Basotho National Party leader, Machesetsa Mofomobe.

In some of the clips, Molelle appears to be describing Matekane and his deputy Justice Nthomeng Majara as idiots. He also appears to be calling Law Minister Richard Ramoeletsi a devil.

In other clips, he seems to be discussing cases. thepost has not independently verified the authenticity of the audio clips.

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Massive salary hike for chiefs

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MASERU

THE government has increased the salaries for traditional leaders by a massive 88.5 percent.

This means that a village chief not appointed by a gazette will now earn M3 001 a month, up from the previous salary of M1 592. That means village chiefs will now earn an extra M1 409 per month.

A village chief, or headman, appointed by a gazette has moved from M1 966 to M3 567 per month.

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Above a village chief is one with jurisdiction over a small cluster of villages, a category three chief, who now moves from M3 768 to M5 181 per month.

A category four chief, known as ward chief, has moved from M4 455 per month to M7 993.

The category five chief, who reports directly to a principal chief, will now earn M10 674, up from M9 939 per month.

There is no increment for principal chiefs.

The government says the budget for chiefs’ salaries has moved from M129.4 million to M208.3 million annually.

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The hike follows a series of discussions between the Lesotho Workers Association, representing the chiefs, and the Ministry of Local Government and Chieftainship.

The revised salaries will be implemented with effect from April 1, 2025.

According to the settlement agreement, a discussion about raising the lowest salary of M6 000 for the lowest-ranking chiefs will be revisited in October 2025.

Chiefs who spoke to thepost have expressed satisfaction with the hike, saying it will significantly improve their lives.

Chief Mopeli Matsoso of Ha-Tikoe in Maseru said his previous salary of M1 500 per month would now be doubled, which would improve his life and help provide smoother services to the community.

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He stressed that they used to close the offices while going out looking for jobs to compensate for their little salaries.

“Now the people will get smoother services,” Chief Matsoso said.

“The offices will forever be open,” he said.

Chief Matsoso said the salary hike will also serve as a motivation for other chiefs.

Chief Tumo Majara of Liboping, Mokhethoaneng, also expressed his gratitude.

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Chief Majara acknowledge the positive impact the salary review would have, especially as a new officeholder.

“I guess we are all happy, that review will help a lot,” he said.

The Principal Chief of Thaba-Bosiu, Khoabane Theko, said the salary increase of chief is a welcome move by the government.

“I’m yet to study how the new salary structure looks like. But I welcome it as a good move by the government,”Chief Theko said.

Nkheli Liphoto

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Maqelepo says suspension deeply flawed

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MASERU

Motlatsi Maqelepo, the embattled Basotho Action Party (BAP) deputy leader and Tello Kibane, who was the party chairman, have rejected their suspension from the party arguing it was legally flawed.

The BAP’s central executive committee on Tuesday suspended Maqelepo for seven years and Kibane for five years. The suspensions became effective on the same day.

The party’s disciplinary committee which met last Wednesday had recommended an expulsion for the two but that decision was rejected with the committee pushing for a lengthy suspension.

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Maqelepo’s suspension will end on January 7, 2032 while Kibane’s will run until January 7, 2030.

Their suspension letters from the BAP deputy secretary general Victoria Qheku, say they should not participate in any of the party’s activities.

“In effect, you are relieved of your responsibility as a CEC member and BAP deputy leader,” Maqelepo was told in the letter.

“You were found guilty by default on all charges and the committee recommended your immediate dismissal from the party,” the letter reads.

On Kibane, the verdict states that the committee decided to mitigate the recommended sanction by reducing his suspension to five years.

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“In the gravity of the charges, the suspension affects your membership in the BAP parliamentary caucus from which you are removed as a chairman.”

They were suspended in absentia after they refused to attend the disciplinary hearing, which they said was illegal.

In response to the suspension, Maqelepo wrote a letter addressing the BAP members in general, defying the committee’s decision to suspend them.

He has called for a special conference, appealing to party constituencies to push for it, citing the ongoing internal fight that includes the leadership’s decision to withdraw the BAP from the coalition government.

Maqelepo also said the central executive committee is illegally in a campaign to dissolve committees in the constituencies and replace them with stooges.

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He reminded the members that there is a court case pending in the High Court seeking an interdiction to charge them in the party’s structures without approval of the special conference that he is calling.

He said the party leadership should have awaited the outcome of the case before proceeding with any disciplinary action.

“The party that is led by a professor of law continues to do dismissals despite the issue being taken to the courts,” Maqelepo said.

The party leader, Professor Nqosa Mahao, is a distinguished professor of law.

Maqelepo said they would write the central executive committee rejecting its decision to suspend them, saying they will continue taking part in party activities.

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He said their fate in the party is in the hands of the special conference.

He appealed to all the party constituencies to continue writing letters demanding the special conference.

Both Maqelepo and Kibane received letters on November 28 last year inviting them to show cause why they should not be suspended pending their hearing.

They both responded on the following day refusing to attend.

Maqelepo, Kibane, Hilda Van Rooyen, and ’Mamoipone Senauoane are accused of supporting a move to remove Professor Mahao from his ministerial position last year.

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They were part of the BAP members who asked Prime Minister Sam Matekane to fire Professor Mahao, who at the same time was pushing for the reshuffling of Tankiso Phapano, the principal secretary for the Ministry of Energy.

When Matekane ignored Professor Mahao’s demands, the latter withdrew the BAP from the coalition government much to the fierce resistance of the party’s four MPs.

Maqelepo started touting members from constituencies to call for a special conference to reverse Professor Mahao and the central executive committee’s decision.

The central executive committee issued a circular stopping Maqelepo’s rallies but he continued, with the support of the other MPs.

In the BAP caucus of six MPs, it is only Professor Mahao and ’Manyaneso Taole who are supporting the withdrawal from the government.

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