News

Judge sued

Published

7 years ago

March 2, 2018

MASERU – FOR six years Lebohang ‘Mei was rotting in prison while Justice Thamsanqa Nomncongo sat on his case. This was despite that Justice Nomncongo had heard all the arguments in the case and reserved judgement.
‘Mei, a semi-literate man from Mafeteng, was eventually granted parole in December 2016 while still waiting for the judge to make a ruling on his appeal. Until today Justice Nomncongo has not delivered the judgement.

The story of ‘Mei is a window through which we can clearly see the rot in the courts. It is a tale of how the justice system and judges have failed the poor. But is also a story of how the people can fight back.
In an unprecedented Constitutional case filed this week ‘Mei is now suing Justice Nomncongo for dereliction of duty and denying him his right to fair trial within a reasonable time. He wants the judge to pay a staggering M10 million in damages.

Because its targeting a judge, the case is likely to send shock-waves on the bench and in the whole judiciary. And given that ‘Mei is not the only victim of delayed justice, the case is likely to trigger an avalanche of similar lawsuits against High Court judges long accused of either failing or delaying to deliver judgements.

Nearly all of the 11 judges on the bench have a judgement that had been inordinately delayed.
Three prominent lawyers who spoke to thepost last night said they too were watching ‘Mei’s case with keen interest because they too have clients with similar cases.

‘Mei was charged with attempted murder and sexual assault in January 2007 in the Mafeteng Magistrate’s Court. It would take five years and more than ten postponements for that court to finalise his case.
In February 2012 he was convicted of attempted murder and sentenced to eight years behind bars without an option of a fine. Yet even that conviction came under some curious circumstances that ‘Mei vividly narrates in his affidavit.

He says after the conviction a date was set for his mitigation. But that date was brought forward without his lawyer’s consent. He then appeared before the magistrate without his lawyer who was attending another case.
His plea with the magistrate to postpone the hearing was flatly refused.

“Then, without any prior advice on what the process (mitigation) entails, the learned Magistrate ordered me to proceed with mitigation,” ‘Mei says.
“This was all so confusing to me and I honestly did not understand what was expected of me. I thus told the court that I had nothing to say.”
“Despite it being so obvious that I was not in a position to conduct my own mitigation, the learned Magistrate just went ahead to sentence me to eight (8) years imprisonment without an option of a fine.”

Because the Mafeteng Prison was being refurbished, ‘Mei was taken to Mohale’s Hoek to serve his sentence.
His qualm is however not with the magistrate. What angers him is what happened when he appealed the Magistrate’s judgement in the High Court. He launched his application for review in April 2012, three months into his sentence.

The battle had begun because the postponements started. Tired of the delays, in August 2012 he pleaded with the prison authorities to transfer him to Maseru so that he could be near his lawyer and the High Court.

But that transfer did not change his fortunes because the matter kept being delayed. He says by that time he had “reached rock bottom with depression and started blaming everyone for my ordeal, including my attorney.”

He appealed to the Law Society of Lesotho to help him recover his fees from his lawyer whom he thought was not working on his case. After a second letter the law society told him that the matter will be heard in June 2013.

When the matter was postponed on that day ‘Mei appealed to the Lesotho Lawyers for Human Rights which however did not respond to him.
Then in early November 2013, 21 months after his imprisonment, his appeal was argued before Justice Nomncongo who reserved judgement.
“I remember asking my counsel what that meant, in particular when the judgement would be delivered. His response was that he could not tell when judgement would be delivered but that a reasonable (time) would be a month or so,” ‘Mei says.

That was the last time ‘Mei or his lawyer heard from Justice Nomncongo about the case. As the judge sat on his case ‘Mei began to blame his lawyer again.

The lawyer later told him that he had written several letters to the Registrar of the High Court inquiring about the judgement “but not even once did the office of the Registrar bother to address his concerns”.

“He concluded by advising me that all he could do was to keep reminding the High Court of the pending judgement, but at the end of the day it was upon the learned presiding judge (Justice Nomncongo).”
‘Mei was eventually released on parole in December 2016. He was due to complete his sentence in February last year.
The judgement still hasn’t come.

“To date, there is still no judgement in my review application! That means at the time I depose to this affidavit, it has been roughly 6 years, 10 months since I approached the High Court for relief”.

He says Justice Nomncongo’s action has had devastating effects on “my life and dignity”. “The failure of the justice system in this regard has infringed on my fundamental right to fair trial within a reasonable time. The right to a fair trial extends to a right to have an appeal or review to a higher court heard and determined within reasonable time. I doubt it can ever be argued that a period of over six years is a reasonable time in the circumstances of this matter.”

‘Mei says it is a “grave miscarriage of justice when access to justice is so slow that it breathes futility”.
“In my case, my rights in this regard were trampled upon by the very judicial institution that was expected to jealously protect my rights.”
In a nutshell, I have effectively been deprived of the benefit of my review as well as the opportunity to secure my freedom through the review process.”
“I do not have the right words to express my disgust and anger towards the justice system of Lesotho.”

He says although no amount of money can restore his dignity and erase the emotional scars he suffered he believes such a failure of justice cannot go unpunished.

“I therefore submit that an amount of M10 million would be fair and reasonable as damages for the infringement of my right.”
‘Mei says as a result of the judge’s action he was subjected to “horrible and squalid conditions” for over seven years.

He says he had to live in “dirty, filthy and smelly cells with a slop bucket in which to defecate” in a ten square metre cell he shared with 15 other men. The hard surface he slept on with “thin layered blankets” was unbearable especially in winter.

‘Mei’s other horrors

· He also lived in constant fear of being raped or killed by other prisoners if he refused to submit to their demands

· He was always worried that warders would raid their cell and discover things like marijuana and knives that we kept by the other prisoners

· Rarely had visitors because his relatives lived far from the prison

· The food was always horrible and inadequate. Sometimes they would survive on porridge and bread for days

· Was always depressed and thought of ending his life

· Developed diabetes, Hypertension, distress and anxiety

· His wife left with their six children while he was in jail

· He found his house destroyed

· A small shop he owned shut down

· He was too broke to give his father, who died a few days after his release, a decent burial

Staff Reporter

News

Knives out for Molelle

Published

5 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

5 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

5 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