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Engen Lesotho in a fix



MASERU – PETROLEUM company, Engen Lesotho, has come under fire for trying to replace its former managing director, who was a Mosotho, with a foreign national.
Engen is replacing Theodore Molapo with Tebogo Mosehla, a South African national whose work permit the company has been trying to push through for the past two months. Molapo left the company in August under what the company described as early retirement.

Sources however told thepost that Molapo was pushed out after a forensic investigation unearthed some irregularities.
His replacement, Mosehla, is however battling to get a work permit allegedly because the government believes there are Basotho who are qualified enough to do the job.
thepost has been told that Engen has since approached the Ministry of Labour and Employment to plead for Mosehla to be granted the work permit.

Senior officials from the company’s regional office in South Africa are also said to have met the Minister of Labour and Employment, Moshe Leoma, about the issue.
They have also scheduled a second meeting with the minister to discuss the issue.

The government is also said to be reluctant to grant the permit because that would be contradicting its policy to localise the petroleum industry’s ownership and human resources. Since 2016 the government has been aggressively pushing for the localisation of the petroleum industry.

This followed complaints that the industry is structured in a way that relegated Basotho to mere filling station owners and retailers of petroleum products where margins are pitifully slow. For instance, a garage makes 0.96 cents for every litre of either petrol or diesel. It is from this small margin that they have to cover all their overheads.
Most garages have to be anchored by convenient shops to remain in business.

Until 2016 the business of transporting petroleum products from South Africa was dominated by foreign companies. So was the bulk storage and eventual distribution to local filling stations.

After initial reluctance, Engen and other international companies embraced the policy and awarded distribution contracts to locally owned companies.
The government has however been keen to extend that localisation throughout the entire distribution chain. Part of that policy was also for the international companies to hire Basotho managers, a move the government considered as low-hanging fruit. Sources however say some government officials consider Engen’s attempt to hire an expatriate as contrary to that policy.

The government, sources say, is also worried that some of the companies’ boards of directors are still dominated by foreigners.
There is also a view within some corridors in the government that the international companies are not doing enough to build value chain linkages with local companies and empower them to be significant players in the industry.

In the past, similar complaints were raised against mining companies which were accused of giving plum jobs to expatriates on the justification that there was no local expertise.
The government however insisted on the hiring of locals and pushed the companies to have clear skills-transfer policies.

Almost all mining companies subsequently implemented the skills-transfer policies and established graduate trainee programmes. Yet, there are still complaints that the companies are not going far enough to localise some senior jobs.

Engen’s battle to get a work permit for Mosehla has since attracted the notice of the labour minister Leoma, who has become the ‘poster child’ of the government’s ‘Mosotho first’ policy.
Since earlier this year, Leoma and his officials have been running an operation targeting illegal workers. He has also been closely scrutinising work permit applications to ensure that companies don’t give expatriates jobs that could be done by local professionals.

Leoma told a local radio station he is already looking at the Engen issue.
“What I am trying to say is that the Engen issue is presently in my office although there is no tangible evidence (of wrongdoing) yet,” Leoma said.
He said the ministry is investigating if Engen has an expatriate working in Lesotho without a permit. The law, the minister said, is clear that an expatriate had to be granted a work permit before he could start working in Lesotho.

“It is illegal for anyone to apply for a work permit when they are already working,” he said.
Leoma said the government’s policy is that no position should be given to an expatriate if there is a local with similar qualifications and experience.
“The law is against any outsider that may come into the country to hold a position that can be held by a Mosotho. But in the case where no one in the country possesses the same qualification as an outsider, then both (the outsider and Mosotho) can engage in the same role.”
“According to the labour code, the expatriate will be the leader for two years because of their qualifications. After the two years a local will take over that position.”

“This is to say if there is anyone who is already doing such a job (as managing director of Engen) yet they are not registered with the Ministry of Labour and Employment, this is illegal.”
Leoma said he would not announce when the investigations into allegations against Engen will start. He said if any crime has been committed the law will take its course.

Staff Reporter



City Council bosses up for fraud



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



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



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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