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Blow for Kamoli

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MASERU – LIEUTENANT General Tlali Kamoli could be set for a long stay in remand prison after High Court judge, Justice Teboho Moiloa, threw out his appeal for bail on Tuesday. The ruling could probably have slammed the doors shut on the former army boss’ prospects for release on bail.
Lt Gen Kamoli’s lawyer, Advocate Letuka Molati, said this is because the High Court’s decision in bail applications is final.
“He is not appealing,” Molati said.

“The procedure in Lesotho does not provide for an appeal against refusal of bail by the High Court,” he said.
“We are still studying the judgment. We are yet to decide the way forward.”
Lt Gen Kamoli is facing 14 charges of attempted murder for allegedly bombing the houses of former police commissioner, Khotatso Tšooana, and Thabane’s then girlfriend Liabiloe Ramoholi’s house.

He is also accused of bombing a house belonging to Liabiloe’s neighbor in January 2014.
The 14 charges are counted according to the number of people the crown says were in the houses when they were bombed.
Lt Gen Kamoli also faces a murder charge over the killing of Sub Inspector Mokheseng Ramahloko when the army under his command attacked the police headquarters on August 30, 2014.

Justice Moiloa ruled that Lt Gen Kamoli could not be granted bail because he had failed to provide the court with exceptional circumstances warranting his release from prison.
The judge agreed with the crown counsel Advocate Haae Phoofolo KC’s arguments that Lt Gen Kamoli should have told the court about any exceptional circumstances warranting his granting of bail.

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Phoofolo said because of the non-existence of any exceptional circumstances the bail should not be granted.
“There are no exceptional circumstances to make the court feel persuaded to grant bail,” Phoofolo said.
He said it is not the crown that has “the onus to satisfy the court that such exceptional circumstances exist”.
“Court must exercise special or extra care so that there is no prejudice,” he said, adding that “exceptional circumstances include exceptional illnesses”.
Justice Moiloa said Lt Gen Kamoli should have attached proof from a medical doctor certifying that he has an illness that would be exacerbated by his stay in prison.

The judge did not address Molati’s arguments that Lt Gen Kamoli should be granted bail because he is not a flight risk.
Molati had argued that Lt Gen Kamoli had enough time to run away after two senior police officers of the ranks of Superintendent and Assistant Commissioner told him to report to the police with an expectation of being charged with serious crimes.
“It was on Monday when the police told him to (come) to them and even telling him that he was likely to be charged with serious offences,” Molati had said. “He told them that he was far away and could not come on that day but would come on Wednesday, which he did in the company of his lawyer,” he said.

“He could have run away because he had a chance to do so but he did not do that, simply because he wants to stand trial and clear his name,” he said.
Molati said there are no facts that may persuade Lt Gen Kamoli to abscond.
Talking about the charge of attempting to murder Tšooana, Molati said this is a trumped up charge.
“The fact is Tšooana was not inside the house. The charge of attempted murder therefore should fall and perhaps replaced by that of malicious damage to property,” he said.

“There is no likelihood that this man will be convicted of attempting to murder Tšooana.”
About the charge of killing Ramahloko, Molati argued that Kamoli did not even know of the existence of Ramahloko and therefore “could not have conspired to kill him”.

“There is no way Kamoli as the commander could have conspired with low ranking soldiers to go and kill a person he did not even know,” Molati said.
He said keeping Kamoli in custody is not in the interest of justice because he will be languishing there for months, even years before his case is heard.
On the crown’s suggestion that Kamoli’s release will destabilise security in the country, Molati said “there is no way Kamoli can do that alone, he is not the Lesotho Defence Force”.

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“Your petitioner is just an ordinary Mosotho man, a farmer who lives between Ha-Matala in Maseru and Bobete”.
Kamoli was arrested on October 11.

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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.

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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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