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Big freeze hits farmers

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QACHA’S NEK – GROWING up in the mountainous Tebellong village in Qacha’s Nek district, Masiu Tsunyane learnt all about farming and how to beat the frequent snowfall – or so he thought.
What Tsunyane was not prepared for is the huge amount of snow falling in recent times due to climate change-induced weather changes. Just as he was preparing for the traditional warm season, there was more snow, leading him to lose five lambs and five sheep due to excessive snow.

“I have seen many winters and many snows but my livestock never got killed. That has changed,” said the 42-year-old.
“It is sad that in this winter I have lost some of my livestock due to the snow,” Tsunyane told thepost.
The sadness at losing his animals has turned into extreme worry that more could die after the Lesotho Meteorological Services this week forecast more snow in the mountainous area. He is now planning for next year with the extreme weather conditions in mind.

“I still hope that next year my sheep and goats will give birth and I will pursue my plans. So the thing is I have to make sure that they have a warm and better place,” he said.
Another farmer, Ramaseli Thamae, 50, said the snow almost wiped out his kraal after 21 of his goats succumbed to the extreme weather conditions.
Born and raised in Ha-Sekake in Qacha’s Nek by a father who trained him on how to look after livestock, Thamae said he “never expected this amount of snow” in August.

Keeping livestock is his main economic mainstay.
“I have lost money. Losing one goat means losing money. What more when one loses more than 20,” Thamae said.
“I am very sad I cannot even fake a smile, it is just that I do not know who to blame,” he said.
“However, I feel better because I know I am not the only one who is going through this. I am with other farmers and we still hope tomorrow will come with something better. We need to help each other with strategies to avoid losses in the future.”

He said rather than quitting farming, he will try to adapt.
“I will not quit farming because I have no other means of earning a living. Farming is my only hope because my father taught me that in order to live, I have to work hard”.
Salemane Hooko, 68, of Semonkong said he lost 37 sheep and 10 goats.
“I am devastated,” Hooko said.
“My plan was to have more than a thousand small stocks. Before this catastrophe I had 720 goats and 150 sheep,” he said.
Hooko has been keeping sheep and goats since 1964 when he arrived in Semonkong with his father.

He grew up in Phamong, Mokhotlong, and his father moved the family to Semonkong in search of better pastures and he learnt from him the value of livestock.
“At that time, we only had 17 sheep, three cows, a horse and a donkey,” he said.
He said his love for animals grew daily and he joined the mines in South Africa to raise money to buy more animals, which he did.
Semonkong is the second coldest place in the country after Oxbow. Temperatures often slump below zero almost all nights and mornings during winter.

The cold weather at what is supposed to be the start of spring has not spared other parts of the country.
Tseko Keketsi, 42, has had his 31 goats killed in the lowlands of Ha-Toloane in Mafeteng.
“The viciousness of this snow has killed my goats,” Keketsi said.
Snow never fell in Ha-Toloane but the cold wind was sweeping down from the mountains.
“There was too much rain just after I had finished shearing my goats,” Keketsi said.

“I think they were affected by the cold. This rain and cold weather happened at an unexpected time. I was not prepared at all,” he said.
He said words alone cannot express the devastation.
“I rely on my livestock for a living. I was raised by parents who depended on livestock and now I also raise my children with the money from livestock,” he said. “But I have learnt a lesson, albeit a bitter one.”
Another farmer from the lowlands areas that rarely experienced snow is 36-year-old ’Matebello Selokoma of Mafeteng Ha-Khojane.
Selokoma said he lost eight sheep.

“It was very rainy and cold but I didn’t think the animals would die. This is too bad,” Selokoma said.
An official with the Lesotho National Wool and Mohair Growers Association (LNWMGA), Rantelali Shea, said he heard that some farmers lost up to 40 goats per kraal in Semonkong, although he could not confirm the exact numbers.

Shea said the reason behind the loss is that many farmers were relaxed. Hoping that spring was on the way, many farmers didn’t stock up food for the animals in preparation for snow.
“The snow came at a time we were very relaxed, there wasn’t enough food for the animals and the warm shelters were not there,” Shea said.
“We were really not aware that the snow would come at this time,” he said.
Khotsang Moshoeshoe, the chairperson of the Mokhotlong Wool and Mohair Growers Association, said farmers in the district were spared the agony of seeing their animals die due to preparedness.

“We had a lot of snow but we were ready for it. That is why we were able to protect our animals from the cold,” said Moshoeshoe.
Moshoeshoe advised affected farmers that “it is very wise to have good shelters for the animals”.
“Stones for sheltering are for free, so in order to save the lives of the animals it is better to build shelters,” Moshoeshoe said.
Recent years have seen snow falling during times which farmers least expect.

Sometimes such snowfalls peak up to two meters and cause disaster in the mountain areas. This is what happened in 2016 in the districts of Mokhotlong, Qacha’s Nek and Thaba-Tseka when it unusually snowed in October when spring usually gives way to summer.
In that year, excessive, cold rains cut roads, destroyed bridges and at least nine people were reported dead and an unknown number of livestock also succumbed to the extreme weather conditions.
Authorities recorded health problems that included frostbites, snow blindness and typhoid.

Earlier in 1987 the NASA Earth Observatory reported about a severe storm that dumped several feet of snow in the Drakensburg Mountains, and turned many parts of Lesotho into disaster areas.
At least 22 people were reported dead and many more were stranded in mountain towns and camping areas, often without fuel or electricity, or food and water.

Later in 1996 Lesotho experienced another two-metres high snow that melted within two days because it was hot, causing rivers down the mountains to swell.
Ten years later in 2016 the country had another snow storm that prompted the airlifts of at least eight tourists, and caused the deaths of several shepherds.

Sheep production is one of the most economically important industries in Lesotho because of wool production, which is a valued export commodity contributing five percent to the GDP of the country.
A paper published by the Food Agricultural Organisation in 2019 states that climate change is expected to exacerbate existing climate-related problems in southern Africa, where 68 percent of the population is rural and dependent on agriculture for basic livelihoods.

“Lesotho is a typical example of a country considered highly vulnerable to climate-related challenges,” the paper reads.
The paper showed that during the winter months (May to July), cool dry air is a feature of the interior southern African plateau, including Lesotho, and rainfall is low.

Occasionally, deep cold fronts can deposit significant amounts of snow on the high ground, often at the beginning or end of winter, according to the FAO study.
Snow falls annually on the mountains of Lesotho and generally once in three years over the low-lying areas.
Strong winds associated with frontal systems occur particularly during late winter.
The high altitude means that Lesotho experiences some of the lowest temperatures in southern Africa, especially along the mountain ridges and plateaus.

Thooe Ramolibeli

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City Council bosses up for fraud

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THREE senior Maseru City Council (MCC) bosses face charges of fraud, theft, corruption and money laundering.

Town clerk Molete Selete and consultant Molefe Nthabane appeared in the Maseru Magistrate’s Court yesterday.

City engineer Matsoso Tikoe did not appear as he was said to be out of the country. He will be arraigned when he returns.

They are charged together with Kenneth Leong, the project manager of SCIG-SMCG-TIM Joint Venture, the company that lost the M379 million Mpilo Boulevard contract in January.

The joint venture made up of two Chinese companies, Shanxi Construction Investment Group (SCIG) and Shanxi Mechanization Construction Group (SMCG), and local partner Tim Plant Hire (TIM), has also been charged.

Selete and Nthabane were released on bail of M5 000 and surety of M200 000 each. Leong was granted bail of M10 000 and surety of M400 000 or property of the same value.

The charges are a culmination of the Directorate on Corruption and Economic Offences (DCEO) investigation that has been going on for the past months or so.

The prosecution says Selete, Nthabane, Tikoe, and Leong acted in concert as they intentionally and unlawfully abused the functions of their offices by authorising an advance payment of M14 million to a joint-venture building the Mpilo Boulevard.

An advance payment guarantee is a commitment issued by a bank to pay a specified amount to one party of a contract on-demand as protection against the risk of the other party’s non-performance.

The prosecution says the payment was processed after the company had provided a dubious advance payment guarantee. It says the officials knew that the guarantee was fake and therefore unenforceable.

As revealed by thepost three weeks ago, SCIG and SMCG were responsible for providing the payment guarantee as lead partners in the joint venture.

The prosecution says the MCC was required by law to make advance payment after SCIG-SMCG-TIM Joint Venture submitted a guarantee as per the international standards on construction contracts.

It alleges that the MCC has now lost the M14 million paid to SCIG-SMCG-TIM Joint Venture because of the fake advanced guarantee.

thepost has seen minutes of meetings in which officials from the joint venture admitted to MCC officers that the advance payment guarantee was dubious.

SCIG-SMCG-TIM kept promising to provide a genuine guarantee but never did. Yet the MCC officials did not report the suspected fraud to the police or take any action against the company.

It was only in January this year that the MCC cancelled the contract on the basis that the company had failed to provide a genuine guarantee.

Despite receiving the advance payment SCIG and SMCG refused to pay TIM Joint Venture for the initial work.

SCIG and SMCG, the lead partners in the joint venture, are reportedly suing the MCC to restore the contract. Officials from TIM Plant Hire however say they are not aware of their partners’ lawsuit against the MCC.

Staff Reporter

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Scott fights for free lawyer

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DOUBLE-MURDER convict Lehlohonolo Scott is fighting the government to pay a lawyer to represent him in his appeal.
Scott, serving two life sentences for murdering Kamohelo Mohata and Moholobela Seetsa in 2012, says his efforts to get a state-sponsored lawyer have been repeatedly frustrated by the Registrar of the High Court, Advocate ’Mathato Sekoai.
He wants to appeal both conviction and sentence.
He has now filed an application in the High Court seeking an order to compel Advocate Sekoai to appoint a lawyer to represent him.
He tells the court that he is representing himself in that application because the Registrar has rejected his request to pay his legal fees or appoint a lawyer for him.
People who cannot fund their own legal costs can apply to the Registrar for what is called pro deo, legal representation paid for by the state.
Scott says Sekoai has told him to approach Legal Aid for assistance.
The Legal Aid office took a year to respond to him, verbally through correctional officers, saying it does not communicate directly with inmates.
The Legal Aid also said he doesn’t qualify to be their client.
“I was informed that one Mrs Papali, if I recall the name well, who is the Chief Legal Aid counsel, had said that Legal Aid does not communicate with inmates so she could not write back to me,” Scott says.
“Secondly, they represent people in minor cases. Thirdly, they represent indigent people of which she suggested I am not one of them.”
“Fourthly, there are no prospects of success in my case hence they won’t assist me.”
He says the Legal Aid’s fifth reason was that he has been in jail for a long time.
Scott is asking the High Court to set aside Sekoai’s decision and order her to facilitate pro deo services for him, saying her decision was “irregular, irrational, and unlawful”.
He argues that the Registrar’s role was to finance his case to finality, meaning up to the Court of Appeal.
The Registrar insists that the arrangement was to provide him a lawyer until his High Court trial ended.
Scott says his lawyer, Advocate Thulo Hoeane, who was paid by the state, had promised to file an appeal a day after his sentencing but he did not.
He argues that the Registrar did not hear him but arbitrarily decided to end pro deo.
Scott says he wrote to Acting Chief Justice ’Maseforo Mahase in 2018 soon after his conviction and sentencing seeking assistance but he never received any response.
Later, he wrote to Chief Justice Sakoane Sakoane in November 2020 and he received a response through Sekoai who rejected his request.
Scott tells the High Court that he managed to apply to the Court of Appeal on his own but the Registrar later told him, through correctional officers, that “the Court of Appeal does not permit ordinary people to approach it”.
He argues that “where justice or other public interest considerations demand, the courts have always departed from the rules without any problem”.
Staff Reporter

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Army ordered to pay up

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THE Ombudsman has asked parliament to intervene to force the Lesotho Defence Force (LDF) to compensate families of people killed by soldiers.
Advocate Tlotliso Polaki told parliament, in two damning reports on Monday, that the LDF is refusing to compensate the family of Lisebo Tang who was shot dead by soldiers near the former commander, Lieutenant General Tlali Kamoli’s home in 2014.

The LDF, she said, is also refusing to compensate the family of Molapo Molapo who was killed by a group of soldiers at his home in Peka, Ha-Leburu in 2022.

Advocate Polaki wrote the LDF in January last year saying it should pay Tang’s mother, Makhola Tang, M300 000 “as a reasonable and justifiable redress for loss of support”.

The Tang family claim investigation started in February 2022 and the LDF responded that it “had undertaken the responsibility for funeral expenses and other related costs”.

Advocate Polaki investigated whether the LDF could be held accountable for Tang’s death and whether his family should be compensated while the criminal case is pending.

She found that the soldiers were “acting within the scope of their employment to protect the army commander and his family” when they killed Tang.

Soldiers killed Tang in Lithabaneng while she was in a parked car with her boyfriend at what the army termed “a compromising spot” near the commander’s residence.

The three soldiers peppered the vehicle with a volley of shots, killing Tang and wounding the boyfriend.

Advocate Polaki found that the army arranged to pay for the funeral costs and to continue buying groceries and school needs for Tang’s daughter.

The LDF, however, kept this for only four years but abruptly stopped.

When asked why it stopped, the army said “there is a criminal case pending in court”.

The army also said it felt that it would be admitting guilt if it compensated the Tang’s family.

The Ombudsman said “a civil claim for pecuniary compensation lodged is not dependent on the criminal proceedings running at the same time”.

“The LDF created a legitimate but unreasonable expectation and commitments between themselves and the complainant which had no duration attached thereto and which showed a willingness to cooperate and work harmoniously together,” Advocate Polaki found.

“The LDF was correct in withdrawing such benefit in the absence of a clear policy guideline or order to continue to offer such benefit or advantage,” she said.

“However, she should have been consulted first as the decision was prejudicial to her interest.”

She said the army’s undertaking “fell short of a critical element of duration and reasonability”.

Tang was a breadwinner working at Pick ’n Pay Supermarket as a cleaner earning M2 000 a month.

Her daughter, the Ombudsman said, is now in grade six and her school fees alone had escalated to M3 200 per year.

She said an appropriate redress should be premised on her family’s loss of income and future loss of support based on her salary and the prejudice suffered by her mother and daughter.

She said M300 000 is “a reasonable and justifiable redress for loss of support”.

In Molapo’s case, Advocate Polaki told parliament that the LDF refused to implement her recommendations to compensate his two daughters.

The complainant is his father, Thabo Joel Molapo.

The Ombudsman told the army in August last year that it should pay the girls M423 805 “for the negligent death of their father”.

Advocate Polaki said despite that the criminal matter is before the court, “it is established that the Ombudsman can assert her jurisdiction and make determinations on the complaint”.

Molapo, 32, was brutally murdered by a soldier in Peka in December 2020.

Molapo had earlier fought with the soldier and disarmed him.

The soldier, the Ombudsman found, rushed to Mokota-koti army post to request backup to recover his rifle. When he returned with his colleagues, they found him hiding in his house. The soldier then shot Molapo.

The LDF, the Ombudsman said, conceded that the soldier killed Molapo while on duty and that he had been subjected to internal disciplinary processes.

“The LDF is bound by the consequences of the officer’s actions who was negligent and caused Molapo’s death,” she said.

She found that after Molapo was killed, army officers and the Minister of Defence visited his family and pledged to pay his children’s school fees. They also promised to hire one of his relatives who would “cater for the needs of the deceased’s children going forward”.

The LDF, she said, has now reneged on its promises saying its “recruitment policy and legal considerations did not allow for such decision to be implemented”.

Molapo’s father told the Ombudsman that the LDF said “the undertakings were not implementable and were made by the minister at the time just to console the family”.

All the payments in the two cases, the Ombudsman has asked parliament, should be made within three months.

Staff Reporter

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