Connect with us


Injured student demands M550k



A National University of Lesotho student Lethea Thaela, 22, is demanding M550 000 as compensation from Police Commissioner Holomo Molibeli after he was shot and injured during riots in Roma last year.

The demonstration soon got out of control after some students began interrupting examinations and smashing university property, which caused serious damage to various buildings.

The police were then called to disperse rioting students. But instead of using minimum force to restore order the police began firing live ammunition at the students and fatally shot one Kopano Makutoane while they seriously injured several others, including Thaela.

Thaela says he was not part of the rioting students when a policeman shot him on the thigh when he was outside the university campus.
The students were protesting after the National Manpower Development Secretariat (NMDS) slashed their allowances by 50 percent.

The police management asked for “forgiveness” after the incident and reported that an internal investigation into the matter had been initiated.
Some students said the police had raided their residences and assaulted them even though they were not part of the protest.

Sources told thepost that the riot squad that responded to the strike was armed with one AK47 assault rifle, two Gallil rifles, seven pump-action rifles and one SLR rifle.
During the assault several students captured videos of the violence and police were seen battering a student who had fallen during the stampede.

The students captured the police randomly beating people they met in the Roma streets, far away from where the striking ones who were singing and chanting slogans.
Thanks to Thaela’s father who is a policeman, the family managed to follow the details of the case to an extent that the young man was equipped to launch the civil suit.

Lefu Thaela, the victim’s father, says his son was shot in the thigh while he was not participating in the strike, adding that “he was unfairly and illegally shot in the thigh”.

“He was shot alongside others while he was outside the gate,” Lefu says.

“One student passed away before they received assistance …they were later taken to hospital,” he says.

Lefu says his son experienced trauma as a result of the incident and has not been doing well in school since.

“Since the incident, my son has experienced trauma and has been performing poorly in school,” he says.

“Even this semester,” Lefu says, “I will still pay for his fees to repeat some modules as the NMDS has stopped (his) sponsorship.”

Lefu says as a result of the shooting, his son has sustained losses of M550 000.

“We opened a case against the police, and the police also opened a case against those police officers who shot students,” he says.

Thaela has asked the High Court to order Commissioner Molibeli to pay him M200 000 for assault, M300 000 for pain and suffering.
He has also asked for an order for payment of M45 000 for loss of amenities of life and M5 000 for medical expenses both present and future.

He wants payment at the rate of 12.5 percent per annum, and costs of suit at attorney and own client scale.
Lefu says they recently sat with the police to discuss a settlement out of the court but did not agree because the police said they could only pay M45 000.

“The mediation was not a full success, we now have to battle it in court,” he says.

“What I can simply say is that one would think they would understand that as a human, I have gone through a lot of suffering because of that child,” he says.

He claims that during the mediation, he even sought to clarify all of the costs he incurred.

“I believed they would realise that they needed to meet me halfway. We even got to the point where they asked if they could meet me halfway,” he says.

“I responded, okay, if the negotiations are conducted in good faith, let us meet halfway.”

“We had first sought M550 000. I informed them we could reduce the payment to M300 000, but they responded that the most they could give him was M45 000.”

Police spokesman, Senior Superintendent Kabelo Halahala, says the police who responded to the riots at Roma have not been criminally charged.

“We are still at the investigation phase,” S/Supt Halahala says.

There are scores of victims of police brutality who have never been compensated by the police in the past. Others had to resort to expensive lawyers to gather evidence so that they could launch civil suits.

One such victim is Kabelo Khalanyane, a blind man who was battered by the police at his home in 2016.
The police were never criminally charged but thanks to his lawyer, Advocate Zwelakhe Mda KC, Chief Justice Sakoane Sakoane awarded him damages in the sum of M150 000 in March this year.

In the judgement Justice Sakoane said although victims register complaints, often no progress is made in arrests and investigations.
The judgement says the victim, as the most crucial prosecution witness, does not get to be informed whether and when a criminal case will be brought before court.

“As a result, in most cases victims are left with no option but to sue the Commissioner of Police who in most cases is readily defended by the Attorney General notwithstanding that the police are in possession of a medical record of his or her injuries,” the judgement reads.

Justice Sakoane says because of delays and failures to investigate, charge and prosecute, victims cannot pursue the avenue of compensation provided by the criminal process under section 321 of the Criminal Procedure and Evidence Act.

The section provides that once any person is convicted of an offence, which has caused a personal injury to another person, or damage to or loss of property, the court trying the case may award him compensation for the injury, damage or loss of property.

Tholoana Lesenya

Continue Reading


Lawyer in trouble



A local lawyer, Advocate Molefi Makase, is in soup after he flew into a rage, insulting his wife and smashing her phone at a police station.

It was not possible to establish why Adv Makase was so mad at his wife. He is now expected to appear before the Tšifa-li-Mali Magistrate’s Court on Tuesday.

Earlier on Tuesday, he was released from custody on free bail on condition that he attends remands.

Magistrate Mpotla Koaesa granted Advocate Makase bail after his lawyer, Advocate Kefuoe Machaile, pleaded that he had to appear for his clients in the Court of Appeal.

Advocate Makase is facing two charges of breaching peace and malicious damage to property.

According to the charge sheet, on October 5, 2023, within the precincts of the Leribe Police Station, Advocate Makase allegedly used obscene, threatening, or insulting language or behaviour, or acted with an intent to incite a breach of the peace.

The prosecution alleges that the lawyer shouted at his wife, ’Mamahao Makase, and damaged her Huawei Y5P cell phone “with an intention to cause harm” right at police station.

During his initial appearance before Magistrate Koaesa, Advocate Makase expressed remorse for his actions and sought the court’s leniency, pleading for bail due to an impending appearance in the Court of Appeal.

His lawyer, Advocate Machaile, informed the court that an arrangement had been made with the police to secure his release the following day, as he had spent a night in detention.

Advocate Machaile recounted his efforts to persuade the police to release him on the day of his arrest.

He noted that the police had assured them of his release the following day, which indeed came to fruition.

Following his release, he was instructed to present himself before the court, which he dutifully complied with.

Advocate Machaile underscored Advocate Makase’s standing as a recognised legal practitioner in the court.

Notably, he was scheduled to appear in the Court of Appeal but had to reschedule his commitment later in the day to accommodate his court appearance.

Advocate Machaile asserted that Advocate Makase presented no flight risk, as he resides in Hlotse with his family and has no motive to evade his legal obligations.

He respectfully petitioned the court for his release on bail, emphasising that he had demonstrated his ability to adhere to the court’s conditions.

The Crown Counsel, Advocate Taelo Sello, expressed no objection to the bail application, acknowledging that the accused had a forthcoming matter in the Court of Appeal.

Consequently, the court granted Advocate Makase bail without any financial conditions, with the stipulation that he must not tamper with state witnesses and must fully participate in the trial process until its conclusion.

’Malimpho Majoro

Continue Reading


Trio in court for killing ‘witches’



THREE elderly women were all stabbed to death with a spear during a deadly night after they were accused of being witches.

Three suspects, all from Ha-Kholoko village in Roma, appeared in the High Court this week facing a charge of murder.
They are Jakobo Mofolo, Oele Poto, and Pakiso Lehoko.

They accused the elderly women of bewitching one of Poto’s relative who had died.

The stunning details of the murder was unravelled in court this week, thanks to Tlhaba Bochabela, 32, who is the crown witness.

Bochabela told High Court judge, Justice ’Mabatšoeneng Hlaele, last week that he had been invited to become part of the murder group but chickened out at the last minute.

Bochabela said in March 2020, he was invited by Rethabile Poto to come to his house in the evening.

He said when he went there, he found Mofolo, Poto, and Lehoko already at the house. There were two other men who he did not identify.

“I was told that the very same night we were going to do some task, we were going to kill some people,” Bochabela told Justice Hlaele.

He said he asked which people were going to be killed and was told that they were ’Malekhooa Maeka, ’Mathlokomelo Poto, ’Mampolokeng Masasa.

They said the three women had successfully bewitched Rethabile Poto’s uncle leading to his death.

Bochabela said after he was told of this plot, he agreed to implement it but requested that he be allowed to go to his house to fetch his weapon.

He said Lehoko was however suspicious that he was withdrawing from the plot and mockingly said “let this woman go and sleep, we can see that he is afraid and is running away”.

Bochabela said the only person he told the truth to, that he was indeed going to his home to sleep instead of going to murder the three elderly women was Mofolo who also told him that he was leaving too.

He said he told Mofolo that he felt uncomfortable with the murder plan.

Bochabela said he left and when he arrived at his place he told his wife all about the meeting and the plot to kill the women.

He said his wife commended him for his decision to pull out.

“I told my wife to lock the door and not respond to anyone that would come knocking looking for me,” Bochabela said.

He said later in the night, Rethabile Poto arrived at his place and called him out but they did not respond until he left.

Bochabela said in the morning they discovered that indeed the men had carried out their mission.

The village chief of Ha-Kholoko, Chief Thabang Lehoko, told Justice Hlaele that it was between 11 pm and 12 midnight when he received a phone call from one Pakiso Maseka who is a neighbour to one of the murdered women.

Chief Lehoko said Maseka told him to rush to ’Mampolokeng Masasa’s place to see what evil had been done to her.

“I rushed to Masasa’s place and on arrival I found Pakiso in the company of Moitheri Masasa,” Chief Lehoko said.

He said he found the old lady on the bed, naked with her legs spread wide.

“I was embarrassed by the sight of the old lady in that state, naked and covered in blood,” the chief said.

He said he went out and asked Maseka what had happened but Maseka referred him to Moitheri Masasa.

Chief Lehoko said Masasa told him that there were people with spears who had threatened to kill him if he came out of the house.

He said Maseka said he knew that Masasa’s neighbour, ’Malekhooa Maeka, was a light sleeper and she could have heard something.

The chief then sent one Patrick Lehoko to Maeka’s house to check if she had heard anything but Patrick came back saying Maeka was not at her house.

“I immediately stood up and went to ’Malekhooa’s place,” Chief Lehoko said.

He said when he arrived, he knocked at her door but there was no response so he kicked the door open, went in and called out ’Malekhooa Maeka by name.

Chief Lehoko said he then lit his phone and saw her lying in bed covered in blankets.

He said he then went closer to her and shook her but she was heavy.

Chief Lehoko said he tried to shake her again one last time while still calling her out but he touched blood.

He said he immediately left and went back to tell others that Maeka seemed to be dead too.

“I decided to go and buy airtime from the nearest shop which I had passed through near ’Matlhokomelo Poto’s home.”

He said on his way he met one Sebata Poto who asked him who he was.

Chief Lehoko said he only replied by telling him that the two women, Masasa and Maeka, had been murdered.

He said Sebata Poto told him that “’Matlhokomelo has been stabbed with a spear too”.

Chief Lehoko said he rushed to ’Matlhokomelo Poto’s house where he found her seated in the middle of the house supported by her children with blood oozing from her chest, gasping for air.

“I stepped out and went to get airtime, but I found her dead when I returned from the shop,” the chief said.

The case continues.

Tholoana Lesenya

Continue Reading


Opposition fights back



THE opposition is launching a nasty fightback after Prime Minister Sam Matekane defanged their no-confidence motion by roping in new partners to firm up his government.

Matekane’s surprise deal with the Basotho Action Party (BAP) has trimmed the opposition’s support in parliament and thrown their motion into doubt.

But the opposition has now filed another motion that seeks to get Matekane and his MPs disqualified from parliament on account that they were elected when they had business interests with the government.

The motion is based on section 59 of the constitution which disqualifies a person from being sworn-in as an MP if they have “any such interest in any such government contract as may be so prescribed”.

Section 59 (6) describes a government contract as “any contract made with the Government of Lesotho or with a department of that Government or with an officer of that Government contracting as such”.

Prime Minister Matekane’s Matekane Group of Companies (MGC) has a history of winning road construction tenders. Other Revolution for Prosperity (RFP) MPs, most of whom were in business, had had business dealings with the government.

It is however not clear if the MPs were still doing business with the government at the time of their swearing-in.
Matekane’s MGC Park is housing the Independent Electoral Commission (IEC), which is a government institution established by the constitution, getting its funds from the consolidated funds.

The motion was brought by the Popular Front for Democracy (PFD) leader Lekhetho Rakuoane who is a key figure in the opposition’s bid to topple Matekane.

The motion appears to be a long shot but should be taken in the context of a political game that has become nasty.
Advocate Rakuoane said the IEC’s tenancy at the MGC is one of their targets.

“The IEC is one of the government departments,” Rakuoane said.

“It is currently unethical that it has hired the prime minister’s building.”

“But after the motion, he will have to cut ties with the IEC or he will be kicked out of parliament.”

The Democratic Congress (DC) leader, Mathibeli Mokhothu, said although the IEC is an independent body, it can still be regarded as part of the government because it gets its funding from the consolidated fund.

The Basotho Covenant Movement (BCM)’s Reverend Tšepo Lipholo, who seconded the motion, said the Matekane-led government “is dominated by tenderpreneurs who have been doing business with the government since a long time ago”.

“Now they have joined politics, they must not do business with the government,” Lipholo said.

He said some of the MPs in the ruling parties are still doing business with the government despite their promises before the election to stop doing that.

“Those who will not abide by the law should be disqualified as MPs,” Lipholo said.

“Basotho’s small businesses are collapsing day-by-day, yet people who are in power continue to take tenders for themselves.”

He applauded the Abia constituency MP Thuso Makhalanyane, who was recently expelled from Matekane’s RFP for rebellion because he withdrew his car from government engagement after he was sworn in as an MP.

“He set a good example by withdrawing his vehicle where it was hired by the government,” Lipholo said.

Rakuoane said during the past 30 years after Lesotho’s return to democratic rule, section 59 of the constitution has not been attended to even when it was clear that some MPs had business dealings with the government.

“This section stops you from entering parliament when doing business with the government. Those who are already members will have to leave,” he said.

Rakuoane said they are waiting for Speaker Tlohang Sekhamane to sign the motion so that the parliament business committee can set a date for its debate.

“The law will also serve to assist ordinary Basotho businesses as they will not compete with the executive,” he said.

“There are many Basotho businesses in business these MPs are in. They must get those tenders instead.”

The new motion comes barely a week after a court application aimed at disqualifying Mokhothu.

The government-sponsored application sought the Constitutional Court to declare Mokhothu unfit to be prime minister because he was convicted of fraud in 2007.

Mokhothu has been suggested as Matekane’s replacement should the motion of no confidence pass in parliament.

Nkheli Liphoto

Continue Reading