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SIX diplomats are challenging their recall by the government from their foreign posts.

The diplomats were in December last year sent “show cause” letters regarding the proposed termination of their employment in the public service.

On February 5 this year, the government again wrote the six recalling them from their diplomatic posts.

But a lawyer representing the government, Advocate Roland Surh, told the High Court in his heads of argument that diplomats have a duty “to obey the recall without demur”.

He said the diplomats who form part of Lesotho’s Foreign Service are an arm of the executive, which is “entitled to flex such arm as it sees fit”.

Bothata Tsikoane, an officer of Local Government who was assigned on Foreign Service as a high commissioner in New Delhi, India, wants the court to order Foreign Affairs Minister Tlohang Sekhamane to stop the process of recalling him.

The other diplomats are ’Malejaka Letooane who is a former police boss, textile businessman Nkopane Monyane, state-owned Ultimate FM boss and journalist Lerato Tšosane, Mophethe Sekamane and ’Mabaphuthi Moorosi-Molapo.

Letooane is a high commissioner in Pretoria, Sekamane is a consular general in Johannesburg, Moorosi-Molapo a high commissioner in Kuala Lumpur, Monyane an ambassador in Geneva and Tšosane a consular general in Durban.

The diplomats are challenging Sekhamane’s letters of February 5, 2016 which wanted them to “show cause” why they could not be recalled from their foreign service.

They seek to interdict the process that was initiated by the “show cause” letters regarding their employment in the public service before such process had reached any conclusion, according to Advocate Surh.

Surh argues that they are not “permitted in law to stifle the process” before any decision has been made consequent upon the show cause letters.

“They are not so permitted to interfere in the process but should rather have participated in it,” Surh says.

He argues that their application “is accordingly premature and without a proper cause of action”.

He says their appointments or contracts of employment “are not affected by the recall letters” and that upon their return to Lesotho “their statutory or contractual terms of employment will remain unaltered unless that employment is lawfully terminated by the effluxion of time or otherwise”.

Surh argues that the diplomats are public officers and are also subject to the special foreign service regime “and they must abide by that regime”.

“It is inimical to the conduct of a proper foreign policy by the executive branch of Government of Lesotho that its diplomats should be in a position to question its conduct in matters such as recall,” he argues.

“Worse still, that they should enlist the judicial branch in thwarting the conduct of the executive in regard to its foreign policy,” he says.

Surh argues that “the fundamental duty of a diplomat is to obey the recall without questioning its validity”.

“Recall is a universal and well-known feature of diplomatic life that every diplomat accepts when he or she enters the foreign service,” he argues.

The diplomats’ lawyer, Advocate Monaheng Rasekoai, has also told the court in his heads of argument that it is wrong for the contracts to be terminated before their expiry dates.

Tsikoane’s contract is supposed to end on July 3, 2016, Letooane’s on January 29, 2017, Sekamane’s on May 30, 2016, Moorosi-Molapo’s on June 12, 2017, Monyane’s on July 5, 2016 while Tšosane’s contract will end on May 14, 2016.

Rasekoai says the “recall and or termination of engagement is driven by sheer and open malice premised on ill-founded political considerations”.

He says throughout his pleadings, Sekhamane has attempted to draw a distinction between “recall and termination of engagement” which leads to what is evidently “the same difference for want of a better word or phrase”.

He says the malice manifested itself in show cause letters when the government said to them: “Please allow me to thank you for the services you rendered to the government of Lesotho while serving abroad.”

When they challenged the letter in the High Court, the government withdrew it and replaced it with another letter which said they had been appointed by the former government and that the current one had no faith and confidence in them.

“Is this clearly a ground for terminating a contract of employment of a public officer under the auspices of either common law or the legislative regime?” Rasekoai asks.

“It is safe to conclude that the withdrawal of the earlier letters of recall was nothing but a stratagem geared towards moulding the basis for the termination” of the diplomats.

High Court judge Justice ’Maseshophe Hlajoane criticised the government’s conduct in her judgement but the government went ahead and wrote another letter recalling them.

Rasekoai says the “recall” is a diplomatic way of terminating their engagement.

The High Court issued yet another interim order stopping the recall.

Quoting Justice Hlajoane’s judgement, Rasekoai says “these letters are geared towards undermining the authority of the Honourable Court to resolve disputes between the parties, either as individuals and or state functionaries”.

“It is evident from these letters that whatever the decision is going to be reached by this Honourable Court the respondents will terminate our engagement notwithstanding as the respondents have already threatened to deprive us of diplomatic status if we do not return to Lesotho.


MP defies party, backs opposition



MOHLOMINYANE Tota, the only MP for the United for Change (UFC), has defied the party’s order to stop voting with the opposition in parliament.
Tota, the UFC’s deputy leader, told thepost this week that he will vote, guided by his own conscience, and not the party’s instructions.

His defiance comes after the party publicly chastised him for voting with the opposition in parliament.
A fightnight ago, Tota angered his party when he sided with the opposition to vote against the government’s motion to continue discussing the reforms’ Omnibus Bill despite that it was being challenged in the Constitutional Court.

The government however won with 57 votes against the opposition’s 50.
The UFC issued a statement reprimanding Tota for defying its decision to always vote with the government.
But Tota told thepost this week that he was unfazed by the party’s warning.

“I will continue to vote with the opposition where need be, and I will also vote with the government where need be,” Tota said.
He said he respects the party’s position but “I also have a right to follow my conscience”.

This, he added, is because “it is not mandatory for an MP to toe the party line even when his conscience does not allow it”.
He said whether he will vote with the government or the opposition will depend “on the issue on the table”.
He said his conscience would not allow him to vote with the government on the Omnibus Bill motion.

“It was wrong,” Tota said.
“I will do the same again given another chance.”

Tota’s response comes three days after the UFC issued a statement distancing itself from his stance in parliament.
The party said its national executive committee had an urgent meeting over the weekend to discuss Tota’s behaviour.
It said its position is to always support Prime Minister Sam Matekane’s coalition government.

“‘The issue has caused a lot of confusion in the party and among Basotho at large,” the statement reads.

The party also said Tota did not bother to inform the national executive committee about his decision so that he could get a new mandate.

“He did not even inform the committee before voting,” the statement reads.
“The national executive committee held an intensive meeting with Tota about the matter because the purpose of the party is to support the government,” it reads.
The UFC said where the government goes wrong “the party will continue to confront it with peace and not with a fight” (sic).

“We have confidence in the current government because it was voted in by Basotho.”
The UFC’s statement makes it clear that the party “will not support anything against the government”.

Nkheli Liphoto

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Inside plot to oust Matekane



THE plot to topple Prime Minister Sam Matekane thickened this week amid allegations of brazen vote-buying ahead of the opposition’s planned vote of no-confidence.

The opposition is said to be ready to push out Matekane when parliament reopens sometime in September. They accuse Matekane’s government of incompetence, nepotism, corruption and using the security forces to harass opposition MPs.

But as the lobbying and touting of MPs reaches fever pitch, there are now allegations of each side using bribes to secure votes crucial in the vote to remove the government.
Democratic Congress leader, Mathibeli Mokhothu, this week accused the government of bribing its MPs to defeat the motion against Matekane.

Mokhothu, who made the allegations at the opposition’s press conference yesterdday, did not give further details or names of those bribed and those bribing.
But on Monday, the Revolution for Prosperity (RFP) MP, Puseletso Lejone, told thepost that Mokhothu offered him a M2.2 million bribe to support the opposition’s motion to upend the government.

Lejone said Mokhothu made the offer at a secret meeting, attended by almost all opposition leaders on August 14, at Monyane Moleleki’s house in Qoatsaneng.
The Thaba Moea MP said the leaders claimed that 60 MPs were supporting the motion against Matekane and wanted his vote to make it 61.

“The money was to come directly from Mokhothu,” Lejone said.
“They asked me to provide them with my bank account so that they could transfer the money.”
Mokhuthu denied the allegations, saying he wondered if Lejone “was smoking socks”.

Lejone repeated the same allegations on the sidelines of yesterday’s press conference where Matekane assured Basotho that his government has enough numbers to fend off the opposition’s attempt to push him out.
He said apart from Moleleki and Mokhothu, other political leaders who attended the meeting were Lekhetho Rakuoane, Machesetsa Mofomobe, Nkaku Kabi, Professor Nqosa Mahao, Teboho Mojapela, Tefo Mapesela and Tšepo Lipholo.

He said the leaders gave him a document showing that six RFP MPs had pledged to support the vote of no confidence. Lejone however refused to name the RFP MPs, saying he still wants them to remain in the ruling party.
He said four MPs from parties in the RFP-led coalition had signed.

They are Mohlominyane Tota (UFC), Reverend Paul Masiu (BAENA), Mokoto Hloaele (AD) and Motlalepula Khahloe (MEC).
The deal, Lejone said, was that Mokhutho would become prime minister and be deputised by Dr Mahali Phamotse.
He said the RFP’s faction was going to be rewarded with 10 ministerial seats for their role in toppling Matekane.
Nearly all the political leaders mentioned by Lejone denied attending the meeting at Moleleki’s house.

“By the living God, I have never been in a meeting with that man (Lejone),” Mokhothu said, adding that Lejone’s allegations are “defamatory”.

Mahao said he last visited Moleleki’s house, which is up the road from his, 22 years ago. Mofomobe said Lejone is lying about the meeting because he wants to curry favour with Matekane, whom he had been criticising for months.
Mofomobe said all his meetings with Lejone were at the BNP Centre and their agenda was toppling Matekane.

“We were discussing his (Matekane) incapability to rule this country,” Mofomobe said.

Rakuoane and Mapesela said they have never been to Moleleki’s house.
So did Kabi who implied that Lejone could have smoked something intoxicating “to talk about a meeting that never happened”.
Lipholo, Rev Masiu, and Tota said they were not at that meeting while Moleleki said he had “no comment”.

Staff Reporter

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Matekane abusing state agencies, says opposition



THE opposition has accused the government of weaponising security agencies to harass and intimidate their MPs.
The accusations come as the opposition plots to push a vote of no confidence against Prime Minister Sam Matekane when parliament re-opens in September.

Opposition leaders told a press conference yesterday that the government has resorted to using the army and the police against its MPs because it is afraid of the motion.
Democratic Congress (DC) leader, Mathibeli Mokhothu, said the security bosses have been willing tools for the government because their bosses are desperate for Matekane to renew their employment contracts.

He was talking about Police Commissioner Holomo Molibeli, army boss Lieutenant General Mojalefa Letsoela and National Security Service (NSS) boss Pheello Ralenkoane.

“Employment contracts for the security agencies’ bosses are the ones causing these problems because the commanders end up working towards pleasing the government for their contract extension,” Mokhothu said.

He said the army has also started setting up roadblocks closer to parliament to search MPs. Mokhothu said the army searched Nkaku Kabi and Advocate Lebohang Maema KC at the parliament premises last week.

“The government is now bringing back the security agencies into party politics,” Mokhothu said.
“This was the first time the army entered the parliament premises to search members and other people there. It is an embarrassment.”
“The responsibility of our soldiers is to guard the borders and ensure security, not to enter politics or set up roadblocks on the parliament roads.”
“They are now running the country like a shop or a company.”

Basotho National Party leader, Machesetsa Mofomobe, alleged that Matekane had a meeting with the security bosses in Teya-teyaneng to discuss how they could use their institutions to clip the opposition’s wings.

“The LDF, LMPS and NSS boss’s contracts have expired, and now they are using the institution to get extensions,” Mofomobe said.
“The LDF and LMPS are doing this deliberately to protect the government.”
thepost could not independently verify this allegation.

Tefo Mapesela, the Basotho Progressive Party leader, said Matekane’s government is taking Lesotho back to 2014 when the army was wooed into politics.
He warned that officers who allow themselves to be used as pawns in political fights might find themselves in jail while their political handlers enjoy freedom.
He referred to Lieutenant General Tlali Kamoli who has been in remand prison for seven years as he faces charges of murder, attempted murder and treason.
Mapesela however said the opposition will not be intimidated because it is their democratic right to bring a motion of no confidence against the government.

“When there is time to enter a motion of no confidence it is time, it is written in the law, there is nothing wrong there,” Mapesela said.
“I once launched a motion of no confidence in the previous parliament, but I was never arrested or threatened.”

“We do not owe Matekane anything. When the time has come he has to go. We will lobby others as it is not a crime.”

The Basotho Action Party’s Nqosa Mahao criticised the police for issuing a press statement with political undertones.

In a controversial statement last week, Commissioner Molibeli said the police were aware that some MPs were coercing their colleagues to support their plot to topple the government.
Molibeli also said they were aware that such MPs were surrounding themselves with armed groups.

“Police warn those perpetrating these acts to stop immediately to avoid action that could be taken to protect the country,” Molibeli said.

Matekane made the same allegations at his press conference yesterday.
Professor Mahao said the statement shows that the police have now been entangled in politics.

“Every time parties experience internal problems the leaders conspire with the security agencies,” he said.
“The opposition leaders are now being harassed because the government wants to stop them from exercising their rights.”

The opposition’s charge sheet against Matekane

  •  Filling of statutory positions despite the reforms aiming to change the system.
  • Corruption
  • Nepotism
  • Using security agencies to deter MPs from ousting Matekane.
  • Job losses.
  • Lack of job creation.
  • Failure to fulfil campaign promises.
  • Protecting mining companies’ interests at the expense of Basotho.
  • Incompetence and lack of communication skills.
  • Arrest of MPs by the police.
  • Cherry-picking reforms that insulate his government.

Staff Reporter

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