Insight
Army must act within the law
Published
4 years agoon
By
The Post
About a month ago I noticed pictures of young people holding knives on social media. I was reliably informed that these young people had formed a gang called Manomoro, a notorious gang of young thugs that has stabbed and killed ordinary citizens, stolen their monies and cell phones.
This group of thugs was arrested and detained by the army three weeks ago. A lot of Basotho were very happy with these arrests by soldiers. It has been three weeks now, and the young criminals are still in detention. The commander of the army Lt Gen Mojalefa Letsoela says they are being rehabilitated.
It seems to appear like a noble exercise but I am worried that these delinquents are being detained without trial for close to three weeks. To be honest this is a bad idea. Where in the world do we hear of young, suspected criminals being detained for rehabilitation by the army?
This week I want us to take a closer look at the use of the military to enforce the law.
Basotho have been deprived of basic police services so much that they celebrate the intervention by the army. Desperation and hopelessness has made us find nothing wrong with the army detaining these 65 delinquents.
What should happen to the victims of these young thugs when there is no justice served?
The dynamics that drive violent crime in peri-urban villages of Koalabata, Naleli, Tšosane and Sekamaneng are intra-community dynamics. It is the accumulation of historical trauma in communities. We must take a look at the social and economic disruption brought by the Covid pandemic and the sense of hopelessness and desperation that falls on these communities that feel that nothing is working.
Young people growing up in such communities are under stress and feel hopeless. It’s more likely that these conflicts would spiral into violence. That is how Manomoro was birthed. They stab ordinary citizens with knives, take their monies and cell phones by force and sometime end up raping them.
A lot of the onus for the violence falls right at the feet of law enforcement. Some of my friends argue that the Commissioner of Police Holomo Molibeli and the police under his leadership had failed to control Manomoro and therefore welcome the intervention by the military.
I fully understand their argument. However, the use of the military to perform law enforcement and order functions raises several problems, many of which have long-term implications. The biggest problem is that our army is not trained for law enforcement. They’re trained for warfare and to use maximum force. This is very different from the law and order duties of the police. The principle of minimum force is alien to a soldier.
The soldiers were supposed to receive proper training on police rules and conduct before they could be used in such exercises. Without this they wouldn’t know how to react nor rehabilitate anyone.
Does the army have any skills related to working with young criminals? Under what law are the young thugs detained for three weeks? What law protects the army for this noble exercise? What will happen if something wrong happens while they are busy with the rehabilitation of these young people?
The failure by the police to investigate crimes committed by Manomoro has left victims feeling let down by the authorities charged with protecting them, as well as extremely distressed at the thought that the perpetrator has got away with the crime. These things have permanent effect on their minds.
While police officers are empowered to use force, however they are trained to use the minimal amount of force needed to control an incident, effect an arrest, or protect themselves or others from harm or death. Anything beyond that is given a term called police brutality.
The World Health Organisation (WHO) classifies police brutality as a form of violence, and defines violence itself as: “the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.”
Trained policemen do fail and sometimes cross to the other side of police brutality. What more of soldiers who have been trained all their lives to use excessive force? Who will account if they fail in their noble attempt to rehabilitate the delinquents they detained?
Manomoro is such an embarrassingly failure of the police service. If the Lesotho Mounted Police Service (LMPS) has failed to do their job, Police Commissioner Molibeli, senior officers and the Minister in charge of the police should all be removed from their posts. They have all failed to solve the incompetence within the LMPS.
Does the Police Commissioner and the police still honour their service and duties? Have they forgotten what it means to put that badge on every day, to put that uniform on every day? Have they forgotten the character that it takes, the responsibility that comes with that? Why is the Commissioner of Police and the entire senior leadership of the LMPS still at their jobs if they are so incompetent?
In a democratic society, who is supposed to instruct the army to intervene after observing that the police have failed? I understand that our laws have not evolved but in my opinion the army commander was supposed to wait for an invitation from the civilian leadership.
If this current situation and laws do not change I am afraid the army shall one day detain Cabinet members or judges with the same intention to rehabilitate them.
After all given the many problems they cause with their bad policies and corruption, if there are people who need to be rehabilitated by the army it should be our MPs. Interest free loans, M5 000 petrol and M3 000 house allowance in my opinion are criminal offences and those who committed these offenses against the people must go for rehabilitation.
The point I am making is that the army cannot wake up and start detaining whoever they want willy-nilly. Though I might opine that the Prime Minister is in need of rehabilitation, I think he deserves to get professionals who have skills.
The detention of these 65 delinquents without trial for three weeks raises a host of political and practical questions about who is in charge when the military decides to intervene in civilian matters and the separation of state powers in the disciplined forces. Disciplined forces must know their boundaries and act within the parameters of the law.
Whether or not the military intervention succeeds will depend on the conduct of the military, their methods of coercion and whether they act in an impartial and professional manner.
The rules of engagement need to be very clear to ensure that they do not use excessive force, or violate the human rights of citizens.
Ramahooana Matlosa
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I closed last week by recording the dreadful news that trashy Trump had been elected called to mind WB Yeats’s poem “The Second Coming.” This is the poem whose opening lines gave Chinua Achebe the phrase “things fall apart.”
Yeats observes “Things fall apart, the centre cannot hold / Mere anarchy is loosed upon the world.”
It was written in 1919 and controversially uses Christian imagery relating to the Apocalypse and the Second Coming to reflect on the atmosphere in Europe following the slaughter of the First World War and the devastating flu epidemic that followed this.
It also reflects on the Irish War of Independence against British rule.
In lines that I can now read as if applying to the recent American election, Yeats mourns: “The best lack all conviction, while the worst / Are full of passionate intensity.”
And then I can visualise Trump in the poem’s closing lines: “What rough beast is this, its hour come round at last, / Slouching towards Bethlehem to be born?”
Trump is certainly a rough beast and isn’t the choice of verb, slouching, just perfect? For a non-allegorical account of the threat posed by the Dump, I can’t do better than to quote (as I often do) that fine South African political journalist, Will Shoki. In his words: “Trump’s administration simply won’t care about Palestinians, about the DRC, about the Sudanese.
It will be indifferent to the plight of the downtrodden and the oppressed, who will be portrayed as weak and pathetic. And it will give carte blanche [that is, free rein] to despotism and tyranny everywhere.
Not even social media, that once revered third-space we associated with subversion and revolution in the first quarter of the 21st century can save us because Silicon Valley is in Trump’s back pocket.”
So what follows the triumph of the Dump? We can’t just sit down and moan and bemoan. In a more recent piece of hers than the one I quoted last week, Rebecca Solnit has observed: “Authoritarians like Trump love fear, defeatism, surrender. Do not give them what they want . . . We must lay up supplies of love, care, trust, community and resolve — so we may resist the storm.”
Katt Lissard tells me that on November 7th following the confirmation of the election result, in the daytime and well into the evening in Manhattan, New York, there was a large demonstration in support of the immigrants Trump despises.
And a recent piece by Natasha Lennard gives us courage in its title “The Answer to Trump’s Victory is Radical Action.”
So, my Basotho readers, how about the peaceful bearing of some placards in front of the US Embassy in Maseru? Because the Dump doesn’t like you guys and gals one little bit.
One last morsel. I had intended to end this piece with the above call to action, but can’t resist quoting the following comment from the New York Times of November 13th on Trump’s plans to appoint his ministers.
I’m not sure a satirical gibe was intended (the clue is in the repeated use of the word “defence”), but it made me guffaw nonetheless. “Trump will nominate Pete Hegseth, a Fox News host with no government experience, as his defence secretary. Hegseth has often defended Trump on TV.” You see, it’s all about the Dump.
- Chris Dunton is a former Professor of English and Dean of Humanities at the National University of Lesotho.
Recently, an audio recording featuring the distressed MP for Thaba-Bosiu Constituency, Joseph Malebaleba, circulated on social media. The MP appears to have spent a sleepless night, struggling with the situation in which he and his associates from the Revolution for Prosperity (RFP) party were denied a school feeding tender valued at M250 million per annum.
In 2022, Lesotho’s political landscape underwent a significant shift with the emergence of the RFP led by some of the country’s wealthiest individuals. Among them was Samuel Ntsokoane Matekane, arguably one of the richest people in Lesotho, who took the helm as the party’s leader and ultimately, the Prime Minister of Lesotho.
The RFP’s victory in the general election raised eyebrows, and their subsequent actions have sparked concerns about the motivations behind their involvement in politics.
In an interview with an American broadcasting network just after he won the elections, Matekane made a striking statement, proclaiming that he would run Lesotho exactly as he runs his business.
At first glance, many thought he was joking, but as time has shown, his words were far from an idle threat. In the business world, the primary goal is to maximize profits, and it appears that the RFP is adopting a similar approach to governance.
Behind the scenes, alarming developments have been unfolding. A communication from an RFP WhatsApp group revealed a disturbing request from the Minister of Communications, Nthati Moorosi, who asked if anyone in the group had a construction business and could inbox her.
This raises questions about the RFP’s focus on using government resources to benefit their own business interests.
The government has been embroiled in a series of scandals that have raised serious concerns about the ethical conduct of its officials. Recent reports have revealed shocking incidents of misuse of public funds and conflicts of interest among key government figures.
Over the past two years, the RFP has been accused of awarding government contracts to companies affiliated with their members, further solidifying concerns about their self-serving agenda. For instance, vehicles purchased for the police were allegedly sourced from suppliers connected to a Minister’s son and MP.
The MP for Peka, Mohopoli Monokoane, was found to have hijacked fertiliser intended to support impoverished farmers, diverting crucial resources away from those in need for personal gain.
Such actions not only betray the trust of the public but also have a direct impact on the livelihoods of vulnerable communities. Monokoane appeared before the courts of law this week.
While farmers voice their concerns regarding fertiliser shortages, it seems that Bishop Teboho Ramela of St. Paul African Apostolic Church, who is also a businessman, is allegedly involved in a corrupt deal concerning a M10 million fertilizer allocation, benefiting from connections with wealthy individuals in government.
The procurement of fertiliser appears to be mired in controversy; recall that the Minister of Agriculture, Food Security and Nutrition, Thabo Mofosi, was also implicated in the M43 million tender.
The renovation of government buildings with elaborate lighting systems was contracted to a company owned by the son of an MP. The RFP’s enthusiasm for infrastructure development, specifically road construction and maintenance, is also tainted by self-interest, as they have companies capable of performing these tasks and supplying the necessary materials, such as asphalt.
Minister Moteane finds himself in a compromising situation regarding a lucrative M100 million airport tender that was awarded to his former company. Ministers have even gone so far as to award themselves ownership of diamond mines.
Meanwhile, the nation struggles with national identification and passport shortages, which according to my analysis the RFP seems hesitant to address until they can find a way to partner with an international company that will benefit their own interests.
The people of Lesotho are left wondering if their leaders are truly committed to serving the nation or simply lining their own pockets. As the RFP’s grip on power tightens, the consequences for Lesotho’s democracy and economy hang precariously in the balance.
It is imperative that citizens remain vigilant and demand transparency and accountability from their leaders, lest the nation slide further into an era of self-serving governance.
In conclusion, the RFP’s dominance has raised serious concerns about the motives behind their involvement in politics. The apparent prioritisation of personal profit over public welfare has sparked widespread disillusionment and mistrust among the population.
As Lesotho navigates this critical juncture, it is essential that its leaders are held accountable for their actions and that the nation’s best interests are placed above those of individuals.
Only through collective effort and a strong commitment to transparency and accountability can Lesotho ensure a brighter future for all its citizens.
Ramahooana Matlosa
Attentive readers will recall that some weeks ago, I scribbled a series of pieces on elections due to be held in the UK, France, South Africa, and the USA. These elections were unusually critical for the well-being of their countries and even that of the world.
The results of the last of these elections are now with us and we are faced with the devastating news that Donald Trump is heading back to the White House.
I can hardly think of worse news to swallow or to equip the world to survive the years ahead.
The Dump, as I call him, is one of the most odious, dangerous, untrustworthy individuals currently inhabiting planet Earth. To cite a few of his demerits: he is a convicted felon; he believes climate change is a hoax; he is a sexist and a racist (one of his former military advisers has gone so far as to describe him as a fascist).
He is a snuggle buddy of the Russian dictator Vladimir Putin and will probably discontinue aid to Ukraine as it resists invasion by Russia. Western European allies such as France, Germany and the UK are dismayed at his victory, as he holds the principles of democracy and constitutionalism in contempt.
As for Africa, well, he once described it as a “shit country,” so don’t look forward to much support from him.
Readers who spent time at the NUL will remember my dear colleague Katt Lissard who is now back home in New York. She spent some years with us as a Professor specialising in Theatre studies and was the Artistic Director of our international Winter / Summer Institute for Theatre for Development.
Many activists in the USA like Katt, who don’t see themselves as part of the political mainstream, chose to campaign for the Democrats and Kamala Harris in the hope of keeping Trump and the far right out of power. Confronted with the news of Trump’s victory, she sent an email to friends noting this was “just a brief check-in from the incomprehensible USA.”
She then explained: “We’re in shock and the early days of processing, but white supremacy, misogyny and anti-immigrant bias are alive and well and driving the boat here.” So, how do Katt and millions of decent, like-minded Americans plan to weather the storm?
Katt explained: “We were deeply depressed and deeply furious as it became clear that one of the worst human beings on the planet was going back to the White House, but we are still breathing and know that we will in the days ahead begin to formulate plans and strategies—and not just for heading north across the Canadian border.”
Picking up on that last point, it may well be that many decent Americans might just up and off across the border; Canada had better prepare for an avalanche of applications for residence permits.
And not just from Americans; in, for example, the American university system alone there are many many Africans employed in high positions (Professors and such-like), who must now face the fact they are living in a country whose leader despises them and who may opt to get out.
In her email written to her friends, once the news from hell had been confirmed, Katt quoted a piece by Rebecca Solnit, one of the most exciting writers at work in the USA today (readers may remember that I have previously reviewed two of her books for this newspaper, Whose Story is This? and Recollections of My Non-Existence).
Now Solnit is a feminist and at the heart of her work is a dissection of the way women have been marginalised in the USA (let’s remember that Kamala Harris, the Presidential candidate who lost to Trump, did so partly because so many American males could not bring themselves to vote for a woman.
I am thinking of the kind of male who invaded the White House when it was announced Trump had lost the 2020 election, bare-chested and wearing cow-horn helmets on their numbskull heads).
Solnit has this to say on our response to the Trump victory: “They want you to feel powerless and to surrender and to let them trample everything and you are not going to let them.
You are not giving up and neither am I. The fact that we cannot save everything does not mean we cannot save anything and everything we can save is worth saving.
You may need to grieve or scream or take time off, but you have a role no matter what, and right now good friends and good principles are worth gathering in.
Remember what you love. Remember what loves you. Remember in this tide of hate what love is.” And then: “A lot of us are going to resist by building solidarity and sanctuary.”
What is so morale-boosting about Solnit’s piece is not just her vision but also her command of language.
Her writing is so crisp and elegant. Language comes at us at its best, of course, in literature, and when I heard that the Dump was on the move back to the White House, I immediately recalled one of the most startling poems in the English language, “The Second Coming” by the Irish poet WB Yeats.
I’ll kick off with that next week.
To be concluded
Chris Dunton
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