MASERU – HIGH Court judge Justice Moahloli is today expected to deliver judgment in a case in which the Law Society of Lesotho is challenging the setting up of a tribunal to impeach a top judge.
The society has asked Justice Moahloli to review and set aside any decisions of the tribunal King Letsie III set up to impeach Court of Appeal President Justice Kananelo Mosito.
The society argues the decisions reached by the tribunal were ridden with illegalities, irrationalities and gross irregularities.
However, the Attorney General Tšokolo Makhethe, is arguing the Law Society does not have locus standi to bring the case before the court.
Makhethe also argued in his court papers that the Law Society is interfering with proceedings of the tribunal. He said the requirements for an interim interdict it had filed was also lacking.
In its response on the issue of locus standi, the Law Society said section 4 of the Law Society Act 1983 gives them necessary locus standi.
“As a matter of fact, this point as against the (Society) is not novel: this court and the Court of Appeal has decided this point before,” the Law Society said in its papers.
“In all matters where this point was argued against the (Society), our courts have always ruled in favour of the (Society),” it said.
The Law Society said a proper interpretation of section 4 of the Law Society Act is one that best conforms to the provisions of section 15 of the Interpretation Act No. 19 of 1977 which provides that every enactment shall be deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
It held further that in interpretation of statutes, the most important rule is that words and phrases used in a statute should first be given their ordinary grammatical meaning, deviation from such meaning will only be justified if such meaning leads to absurdity.
“It is our humble submission that the phrase ‘assist in the administration of justice’ appearing in section 4(a) of the Law Society Act is clear and unambiguous and as such, no deviation from its ordinary grammatical meaning will be justified in these circumstances.”
“We therefore, submit that a liberal, fair and large interpretation of the phrase ‘to assist in the administration of justice’ as used in section 4(a) of the Law Society Act is that the (Society) has as one of its object, the duty to ensure that the rule of law is upheld,” the society said.
“This interpretation gains support from section 4(l) of the Law Society Act which provides that one of the objects of the (Society) is to ‘do all such other things as are incidental or conducive to the attainment of the above objects,” the society argued.
Making reference to a Court of Appeal case Law Society of Lesotho vs Prime Minister of Lesotho C of A (CIV) No. 5 of 1985 where in an attempt to ensure respect for the rule of law, the (Society) successfully challenged an appointment of a civil servant who was a member of the executive to the High Court bench.
The society submitted that logic dictates that if it has locus standi to challenge an appointment of a judge, one cannot belittle its status by arguing that it cannot bring an application of this nature to this court.
The defence said the Law Society came before the court in the disguise of Justice Mosito but the society answered that it found that allegation insulting to it.
“The pleadings are clear, the Applicant is the Law Society of Lesotho and the 5th Respondent (Justice Mosito) is cited as a Respondent only because he is likely to be affected by the outcome of this application, as such he is a necessary party to be joined,” the society said.
“In fact, failure to join him would render the applicant guilty of material non-joinder.”
In an affidavit, the society’s president Attorney Tumisang Mosotho said “this application is urgent in as much as it involves the determination of issues of enormous public importance”.
“I wish to emphasise that the outcome and/or advice likely to be given by the Respondents is likely to be a bad precedent that may be used at any time to destabilise the judiciary and affect, adversely, the independence of the judiciary,” Mosotho said.
The Attorney General argued the Law Society had failed to show that it is likely to suffer irreparable harm in the event that the interdict is not granted.
In Response, the society said “irreparable harm in this context must be understood in its wide sense to include any prejudice suffered by the applicant as a result of the infringement of his right”.
MP defies party, backs opposition
MOHLOMINYANE Tota, the only MP for the United for Change (UFC), has defied the party’s order to stop voting with the opposition in parliament.
Tota, the UFC’s deputy leader, told thepost this week that he will vote, guided by his own conscience, and not the party’s instructions.
His defiance comes after the party publicly chastised him for voting with the opposition in parliament.
A fightnight ago, Tota angered his party when he sided with the opposition to vote against the government’s motion to continue discussing the reforms’ Omnibus Bill despite that it was being challenged in the Constitutional Court.
The government however won with 57 votes against the opposition’s 50.
The UFC issued a statement reprimanding Tota for defying its decision to always vote with the government.
But Tota told thepost this week that he was unfazed by the party’s warning.
“I will continue to vote with the opposition where need be, and I will also vote with the government where need be,” Tota said.
He said he respects the party’s position but “I also have a right to follow my conscience”.
This, he added, is because “it is not mandatory for an MP to toe the party line even when his conscience does not allow it”.
He said whether he will vote with the government or the opposition will depend “on the issue on the table”.
He said his conscience would not allow him to vote with the government on the Omnibus Bill motion.
“It was wrong,” Tota said.
“I will do the same again given another chance.”
Tota’s response comes three days after the UFC issued a statement distancing itself from his stance in parliament.
The party said its national executive committee had an urgent meeting over the weekend to discuss Tota’s behaviour.
It said its position is to always support Prime Minister Sam Matekane’s coalition government.
“‘The issue has caused a lot of confusion in the party and among Basotho at large,” the statement reads.
The party also said Tota did not bother to inform the national executive committee about his decision so that he could get a new mandate.
“He did not even inform the committee before voting,” the statement reads.
“The national executive committee held an intensive meeting with Tota about the matter because the purpose of the party is to support the government,” it reads.
The UFC said where the government goes wrong “the party will continue to confront it with peace and not with a fight” (sic).
“We have confidence in the current government because it was voted in by Basotho.”
The UFC’s statement makes it clear that the party “will not support anything against the government”.
Inside plot to oust Matekane
THE plot to topple Prime Minister Sam Matekane thickened this week amid allegations of brazen vote-buying ahead of the opposition’s planned vote of no-confidence.
The opposition is said to be ready to push out Matekane when parliament reopens sometime in September. They accuse Matekane’s government of incompetence, nepotism, corruption and using the security forces to harass opposition MPs.
But as the lobbying and touting of MPs reaches fever pitch, there are now allegations of each side using bribes to secure votes crucial in the vote to remove the government.
Democratic Congress leader, Mathibeli Mokhothu, this week accused the government of bribing its MPs to defeat the motion against Matekane.
Mokhothu, who made the allegations at the opposition’s press conference yesterdday, did not give further details or names of those bribed and those bribing.
But on Monday, the Revolution for Prosperity (RFP) MP, Puseletso Lejone, told thepost that Mokhothu offered him a M2.2 million bribe to support the opposition’s motion to upend the government.
Lejone said Mokhothu made the offer at a secret meeting, attended by almost all opposition leaders on August 14, at Monyane Moleleki’s house in Qoatsaneng.
The Thaba Moea MP said the leaders claimed that 60 MPs were supporting the motion against Matekane and wanted his vote to make it 61.
“The money was to come directly from Mokhothu,” Lejone said.
“They asked me to provide them with my bank account so that they could transfer the money.”
Mokhuthu denied the allegations, saying he wondered if Lejone “was smoking socks”.
Lejone repeated the same allegations on the sidelines of yesterday’s press conference where Matekane assured Basotho that his government has enough numbers to fend off the opposition’s attempt to push him out.
He said apart from Moleleki and Mokhothu, other political leaders who attended the meeting were Lekhetho Rakuoane, Machesetsa Mofomobe, Nkaku Kabi, Professor Nqosa Mahao, Teboho Mojapela, Tefo Mapesela and Tšepo Lipholo.
He said the leaders gave him a document showing that six RFP MPs had pledged to support the vote of no confidence. Lejone however refused to name the RFP MPs, saying he still wants them to remain in the ruling party.
He said four MPs from parties in the RFP-led coalition had signed.
They are Mohlominyane Tota (UFC), Reverend Paul Masiu (BAENA), Mokoto Hloaele (AD) and Motlalepula Khahloe (MEC).
The deal, Lejone said, was that Mokhutho would become prime minister and be deputised by Dr Mahali Phamotse.
He said the RFP’s faction was going to be rewarded with 10 ministerial seats for their role in toppling Matekane.
Nearly all the political leaders mentioned by Lejone denied attending the meeting at Moleleki’s house.
“By the living God, I have never been in a meeting with that man (Lejone),” Mokhothu said, adding that Lejone’s allegations are “defamatory”.
Mahao said he last visited Moleleki’s house, which is up the road from his, 22 years ago. Mofomobe said Lejone is lying about the meeting because he wants to curry favour with Matekane, whom he had been criticising for months.
Mofomobe said all his meetings with Lejone were at the BNP Centre and their agenda was toppling Matekane.
“We were discussing his (Matekane) incapability to rule this country,” Mofomobe said.
Rakuoane and Mapesela said they have never been to Moleleki’s house.
So did Kabi who implied that Lejone could have smoked something intoxicating “to talk about a meeting that never happened”.
Lipholo, Rev Masiu, and Tota said they were not at that meeting while Moleleki said he had “no comment”.
Matekane abusing state agencies, says opposition
THE opposition has accused the government of weaponising security agencies to harass and intimidate their MPs.
The accusations come as the opposition plots to push a vote of no confidence against Prime Minister Sam Matekane when parliament re-opens in September.
Opposition leaders told a press conference yesterday that the government has resorted to using the army and the police against its MPs because it is afraid of the motion.
Democratic Congress (DC) leader, Mathibeli Mokhothu, said the security bosses have been willing tools for the government because their bosses are desperate for Matekane to renew their employment contracts.
He was talking about Police Commissioner Holomo Molibeli, army boss Lieutenant General Mojalefa Letsoela and National Security Service (NSS) boss Pheello Ralenkoane.
“Employment contracts for the security agencies’ bosses are the ones causing these problems because the commanders end up working towards pleasing the government for their contract extension,” Mokhothu said.
He said the army has also started setting up roadblocks closer to parliament to search MPs. Mokhothu said the army searched Nkaku Kabi and Advocate Lebohang Maema KC at the parliament premises last week.
“The government is now bringing back the security agencies into party politics,” Mokhothu said.
“This was the first time the army entered the parliament premises to search members and other people there. It is an embarrassment.”
“The responsibility of our soldiers is to guard the borders and ensure security, not to enter politics or set up roadblocks on the parliament roads.”
“They are now running the country like a shop or a company.”
Basotho National Party leader, Machesetsa Mofomobe, alleged that Matekane had a meeting with the security bosses in Teya-teyaneng to discuss how they could use their institutions to clip the opposition’s wings.
“The LDF, LMPS and NSS boss’s contracts have expired, and now they are using the institution to get extensions,” Mofomobe said.
“The LDF and LMPS are doing this deliberately to protect the government.”
thepost could not independently verify this allegation.
Tefo Mapesela, the Basotho Progressive Party leader, said Matekane’s government is taking Lesotho back to 2014 when the army was wooed into politics.
He warned that officers who allow themselves to be used as pawns in political fights might find themselves in jail while their political handlers enjoy freedom.
He referred to Lieutenant General Tlali Kamoli who has been in remand prison for seven years as he faces charges of murder, attempted murder and treason.
Mapesela however said the opposition will not be intimidated because it is their democratic right to bring a motion of no confidence against the government.
“When there is time to enter a motion of no confidence it is time, it is written in the law, there is nothing wrong there,” Mapesela said.
“I once launched a motion of no confidence in the previous parliament, but I was never arrested or threatened.”
“We do not owe Matekane anything. When the time has come he has to go. We will lobby others as it is not a crime.”
The Basotho Action Party’s Nqosa Mahao criticised the police for issuing a press statement with political undertones.
In a controversial statement last week, Commissioner Molibeli said the police were aware that some MPs were coercing their colleagues to support their plot to topple the government.
Molibeli also said they were aware that such MPs were surrounding themselves with armed groups.
“Police warn those perpetrating these acts to stop immediately to avoid action that could be taken to protect the country,” Molibeli said.
Matekane made the same allegations at his press conference yesterday.
Professor Mahao said the statement shows that the police have now been entangled in politics.
“Every time parties experience internal problems the leaders conspire with the security agencies,” he said.
“The opposition leaders are now being harassed because the government wants to stop them from exercising their rights.”
The opposition’s charge sheet against Matekane
- Filling of statutory positions despite the reforms aiming to change the system.
- Using security agencies to deter MPs from ousting Matekane.
- Job losses.
- Lack of job creation.
- Failure to fulfil campaign promises.
- Protecting mining companies’ interests at the expense of Basotho.
- Incompetence and lack of communication skills.
- Arrest of MPs by the police.
- Cherry-picking reforms that insulate his government.
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