MASERU – CABINET has agreed to pay the Director of Public Prosecutions (DPP), Advocate Leaba Thetsane KC, (Pictured) his full package after he was sent on forced early retirement late last year. This was revealed by the counsel for the government, Advocate Monaheng Rasekoai, during a constitutional case hearing in which Thetsane is challenging the decision by the government to send him on forced leave pending retirement.
Rasekoai told a bench of four judges who are hearing the constitutional case that the government is yet to calculate how much Thetsane is entitled to receive.
“There is a room for settlement by the cabinet,” Rasekoai said.
The Thomas Thabane-led coalition government sent Thetsane on forced leave pending retirement in July last year.
As the DPP, Thetsane was seen as a vestige of the old Pakalitha Mosisili-led regime bent on defending the political interests of his ousted paymasters.
The new government was therefore seen to be determined to get him out of the way at all costs.
Thetsane however has been fighting in the courts challenging the decision by the Public Service Commission to retire him.
A letter addressed to Thetsane from the Public Service Commission stated that his retirement was “with effect from January 17, 2018”.
This however incensed Thetsane who took the matter to the High Court.
In the court papers, Thetsane said this meant he would only walk away with M486 642 when his retirement package should have been M684 299 when he retires in July.
However, now that the government is sending him on forced retirement, Thetsane said he would settle for M1.2 million.
Thetsane argues that the decision to retire him should be nullified as it violates the provisions of sections 14 (4) (5) (6) read with 155 (4) (a) of the Lesotho Constitution of 1993.
The case is before Justices ’Maseshophe Hlajoane, Lebohang Molete, Sakoane Sakoane and Molefi Makara.
Advocate Rasekoai told the court that the DPP had actively participated in negotiations for his exit.
“He yielded to the exit” and therefore cannot say he was forced to go, Rasekoai said.
He said the actual question is, “was he removed or did he facilitate in his removal?”
According to Rasekoai, Thetsane was said to have raised the waiver, risking his security of tenure which is not a personal right but a constitutional right.
Attorney Qhalehang Letsika, appearing for Thetsane, said the public service commission had no right to suspend the DPP.
“Even the tribunal lacks constitutional rights to act upon the removal of Thetsane. His Majesty is the only person who has the jurisdiction to retire him,” Letsika said.
He maintained that the removal of Thetsane was unconstitutional.
Justice Makara said even the Public Service Commission procedure or any commission in the country has no rights whatsoever to remove the DDP as he is constitutional appointee protected by the constitution.
“Even the common law nor the tribunal has no jurisdiction to remove him,” the judge said.
Thetsane’s relationship with Prime Minister Thomas Thabane has been fraught with tension over the years.
Thabane asked Thetsane to retire along with Attorney General Tšokolo Makhethe KC during the first coalition government in 2014.
Thetsane and Makhethe successfully challenged Thabane’s decision to retire them in court. Makhethe retired last year after Thabane regained power.
Soon thereafter efforts to remove Thetsane began again.
He was sent on forced leave in September last year and in February this year, Law Ministry Principal Secretary Advocate ’Mole Kumalo set the police on him, taking by force his official car on grounds that he was no longer a public servant.
Senate Sekotlo