News

High Court official sues Chief Justice

Published

6 years ago

August 10, 2018

MASERU – A senior High Court official is suing Chief Justice Nthomeng Majara for allegedly frustrating and sabotaging his two cases in which he is fighting for appointment.
In court papers filed this week, Acting Deputy Registrar Advocate Mojela Shale accuses Justice Majara of playing judge and jury to stifle his cases against her.
Advocate Shale says the chief justice is refusing to release files of the two cases.

He says Justice Majara is doing this with the help of Acting Registrar, Pontso Phafoli, whose appointment he has challenged in one of the cases.
He also alleges that the chief justice has roped in her lawyer Qhalehang Letsika in her scheme to block his access to the files.
Advocate Shale wants the files so he can file additional papers so the cases are finalised.

He says the chief justice is holding on to the files because she does not want the cases to proceed.
In the first case CIV/APN/49/2018 Shale is arguing that he had “legitimate expectation” to be appointed acting registrar after Acting Registrar Lesitsi Mokeke took a study leave earlier this year.
It was clear, he argues, that he is the next in line for the promotion because he has been Acting Deputy Registrar for seven years.
He says instead of following regulations that say an officer may be appointed in a “post that is in his or direct line promotion” the Judicial Service Commission (JSC) picked Phafoli, a junior, to be acting registrar.

He believes that he is being overlooked because the Mokeke and the chief justice have “formed a conclusion” that he leaked a damning audit report that reveals how the High Court is renting a M27 000 house for the chief justice when her allowance is a mere M4 000.
Advocate Shale claims Mokeke said they “rode roughshod over the JSC” to appoint Phafoli.
In the second case CIV/APN/86/2018 Advocate Shale is challenging the decision to advertise the Acting Deputy Registrar’s post which he has held for seven years.
He should have been given a hearing before the position was advertised, he argues.

Advocate Shale insists that in the absence of misconduct he had legitimate expectation to be confirmed acting deputy registrar.
This, he adds, is because the JSC “had resolved on many occasions to the Ministry of Public Service as the designated statutory authority, to regularise my appointment…”
He says despite being urgent the cases have not moved because the chief justice is refusing to release the files. He alleges that by holding on to the files the chief justice is denying him the right to a fair trial.

He wonders why the chief justice is keeping the files in her office when the standard procedure is that all files are kept at the Civil Registry.
“The Registrar and not the Chief Justice, is the legal custodian of all the court records,” he says.
“Further the Registrar and not the Chief Justice is responsible for pre-trial and trial arrangements as well as allocation of cases.”
The chief justice and the registrar are conflicted in both gases because they are the ones being sued, the advocate says.

“It is clearly against the precepts of natural law, the cornerstone of jurisprudence, that a litigant can keep, and allocate a case he is involved in.”
“I cannot for the death of me gainsay that she is the Chief Justice but she is highly conflicted and a legitimate litigant in all these matters.”
“They are metaphorically throwing me under a moving train by denying me access to the court’s files, file further papers and paginate the records, so the courts may reach finality on them.”
He argues that the chief justice as the supreme guarantor of human rights and promoter of fair trial and transparency, “is thwarting and perverting the course of justice”.
The advocate says the chief justice, through her secretary, has informed him that he has to file and paginate the papers in her chambers.

This, he adds, is not only illegal but unfair because her office is heavily guarded by armed bodyguards.
“Entry into her chambers is virtually impossible, to say the least. Even in the circumstances where entry into her chambers would be possible, it becomes impossible as she is constantly locked in meetings or consultations with her lawyers and my colleagues who happen to be the same individuals always”.

“I am being unfairly prejudiced by the Chief Justice so that I defeat the end of justice, and lose these important cases against her illegal and unethical decisions.”
Advocate Shale wants the court to order the chief justice and the acting registrar to release the files.
Justice Majara is in a brutal fight with the government over attempts to remove her over allegations that the High Court is renting her a house way above her accommodation allowance and she has failed to deal with the mounting backlog of cases in the courts.

The judge however insists that the government is making these allegations to justify purging her from the judiciary so that it can appoint a nobbled judge to lead the court.
In her corner are four senior lawyers who have been fighting what they say is the government’s attempt to capture the judiciary.
Advocate Shale’s case only adds to the chief justice’s recent woes and reflects the paralysis of the judiciary in Lesotho.

The battle over the appointment of Justice Kananelo Mosito as Court of Appeal judge has dragged on for two years, bringing the apex court to a standstill and leaving litigants stranded.
Magistrates have also been on an undeclared go-slow that has also forced the police to release suspects without taking them to court and left the prison authorities stuck with suspects whose cases have stalled.
And while all this is happening the backlog of cases continues to grow, hurting the common man.

Staff Reporter

News

Knives out for Molelle

Published

2 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

2 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

2 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