News

Fight over embassy posts

Published

4 years ago

May 11, 2021

MASERU – A group of civil servants has sued the Ministry of Foreign Affairs over appointments to diplomatic positions.
The seventeen employees of the Ministry of Foreign Affairs allege that the appointments violate procedure and should be reversed.
They also claim that the interviews and appointments were shrouded in secrecy.

But while the case is still pending in the courts, the ministry is alleged to have transferred eight of the 17 officers who have filed the lawsuit.
This has triggered allegations that the ministry is victimising some of the officers or trying to intimidate others to abandon the case.

Court papers filed in the High Court show that the dispute started on March 8 when the employees discovered that the Public Service Commission was making arrangements to appoint some officials to embassies.
They then requested the names of the short-listed candidates but the ministry’s human resources office refused, saying it was highly classified information.

In her founding affidavit, ’Mathapelo Kanono, who is acting director of the ministry’s Directorate of Legal Affairs, says they told the human resource office they wanted the shortlist because they believed the appointments violated the Public Service Act (2005).

Kanono, who is the first applicant, tells the court that the human resources office refused to reveal the names on the basis that it was confidential and privileged information.
“We desperately tried to bring to their attention the applicable legislation and the principles that govern recruitment and appointments into the public service but they would not relent,” Kanono says.

She tells the court that they filed a formal complaint after the human resources office rejected their request. They told Principal Secretary Colonel Tanki Mothae they wanted the issue resolved “amicably and using internal remedies” but they are yet to receive a response.

Kanono alleges at one meeting in February she enquired if the appointments would follow public service procedure but Colonel Mothae said they were “political appointments”.
“I informed him and lodged an informal complaint that appointments in foreign services, except those of ambassadors and consular generals, had to follow the prescripts of the public service legislation.”

She says the principal secretary’s attitude towards their formal complaint proves he wants to ignore them. This, she adds, is what has led to their lawsuit because internal remedies are “not functional or there was unwillingness on our supervisor to engage these internal processes”.
Kanono argues that the Public Service Act is clear that entry and advancement within the government is based on merit.

“In other words, entry into and advancement within the public service are based on ability, qualifications, knowledge, skill and aptitude of each candidate following a fair and open competition which assures that all citizens of Lesotho receive equal opportunity”.
She claims that the appointments are not based on merit because they don’t work in the Ministry of Foreign Affairs.
She alleges that the posts were not advertised and the applicants were not screened and interviewed.

In his answering affidavit, Colonel Mothae says the applicants have no legal right to challenge the appointments because the basis of their case is that the posts were not advertised and the selection was not fair.
He says the public officers “who happen to serve in diplomatic missions only do so on transfer and not on appointments as applicants seem to believe”.

Colonel Mothae also argues that the case should be dismissed because the applicants have failed to specify the missions they are complaining about and demonstrate that those hired lack the qualifications.
He also claims that the relief sought would be difficult to implement because it’s couched in “overbroad terms” that could potentially affect other people who might not be the subject of the lawsuit.

“It is not clear from the papers which specific appointments to foreign (missions) are affected by these proceedings,” Colonel Mothae says.
He also accuses the applicants of withholding crucial information from the court. The argument that the names of the candidates were not disclosed is “dishonest” because they were announced on the national television, Colonel Mothae says.

He also says the applicants had failed to tell the court that one of them had filed a case with the Ombudsman, complaining about the same issue in their case.
The Ombudsman is yet to make a ruling on that case. Appointments to embassies have always been a controversial issue. They are seen as an opportunity to earn better salaries and benefits.

Apart from the chance to live abroad, diplomats also enjoy substantial perks and school fees allowances for their children to attend better schools.
Successive governments have used the appointments to reward party loyalists.

Majara Molupe

News

Knives out for Molelle

Published

3 days ago

January 13, 2025

The Post

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.

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”.

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.

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

News

Massive salary hike for chiefs

Published

3 days ago

January 13, 2025

The Post

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.

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.

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.

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.

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

News

Maqelepo says suspension deeply flawed

Published

3 days ago

January 13, 2025

The Post

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.

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.

“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.

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.

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.

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.

Nkheli Liphoto