Connect with us

News

Chief Justice lambasts DPP

Published

on

MASERU – CHIEF Justice Sakoane Sakoane took a swipe at the Director of Public Prosecution (DPP) for the delay of high-profile cases.

Justice Sakoane was speaking at the official opening of the High Court yesterday.

“The difficulty in the so-called high profile cases speedy disposal is that some of them are assigned to a special prosecutor who could only prosecute one case at a given time before a particular judge,” Justice Sakoane said.

He said the high profile cases such as the ones involving former army boss Lieutenant General Tlali Kamoli and others “the DPP has hired only one prosecutor to handle them”.

Advertisement

The DPP has appointed Advocate Shaun Abrahams, a South African lawyer, to prosecute six high-profile cases involving soldiers accused of murders, attempted murder, treason and malicious damage to property.

The Chief Justice appeared to insinuate that the DPP had given Advocate Abrahams more than he can chew.

This, Justice Sakoane said, makes it difficult to set down a case for a longer period before one presiding judge.

“Hearing these cases on a rotational basis does not only delay their completion but it is costly both to the crown and the accused.”

He said some of the long-running cases might be compromised when key witnesses die.

Advertisement

Justice Sakoane said the delays could have been avoided if the Speedy Trial Act 2002 were strictly observed at the start of the cases.

He said following the recruitment of 11 more judges they have resuscitated the criminal session rolls in line with section 11 (2) of the High Court Act, 1978.

Justice Sakoane said there will be three judges on the session roll to exclusively deal with criminal trials and the judges will be allocated cases on a rotational basis from session to session.

He said this will help to urgently deal with murder and corruption cases.

“We call upon the prosecution to do its duty of bringing all witnesses to court so that no case is postponed on account of the unavailability of witnesses.”

Advertisement

This month marks five years and four months after Lt Gen Kamoli was arrested and detained at the Maseru Central Prison without trial.

His other co-accused facing several charges ranging from murder, attempted murder, treason, malicious damage to property were arrested and remanded at the Maseru Central Prison around the same time.

Lt Gen Kamoli and his co-accused told the court in one of their applications for speedy hearing of their cases that “local judges informed us that our cases are regarded as high profile…we would not be tried unless and until that task of adjudication would be carried out by foreign judges”.

They complained in the court papers that their cases were delayed because they “had to wait for the government to appoint foreign judges”.

It took more than a year for the government to recruit judges to hear the high-profile cases.

Advertisement

It took about eight months for the DPP to hire a special prosecutor, Advocate Shaun Abrahams.

Having been arrested between August and October 2017 the soldiers were only told in early 2018 after the annual celebration of the opening of the High Court that they were awaiting the appointment of foreign judges.

They were remanded without a trial date until January 2019 when they first appeared before Justice Charles Hungwe, a Zimbabwean judge hired to handle high-profile cases.

The other two judges hired together with Justice Hungwe have since resigned, further delaying the cases.

’Malimpho Majoro

Advertisement

Advertisement

News

Knives out for Molelle

Published

on

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.

Advertisement

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”.

Advertisement

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.

Advertisement

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.

Staff Reporter

Advertisement
Continue Reading

News

Massive salary hike for chiefs

Published

on

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

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

Advertisement

Continue Reading

News

Maqelepo says suspension deeply flawed

Published

on

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.

Advertisement

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.

Advertisement

“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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

Nkheli Liphoto

Continue Reading
Advertisement

ADVERTISEMENT

Advertisement
Advertisement

Trending