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Judge under fire

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Staff Reporter

MASERU – HIGH Court judge Justice Lebohang Molete has angered the Basotho Congress Party (BCP) for sitting on a judgment in a case in which the party is fighting to regain control of its property.

The party has requested for an urgent intervention from Justice Minister Moeketse Malebo.
In a letter of complaint seen by thepost, the party’s treasurer Matshogo Moroe asks Malebo to intervene “as the minister responsible in a glaring matter of a miscarriage of justice”.
The party accuses Justice Molete of taking more than 12 months to finalise a case in which he granted an interim order against it. The delay is despite that the judge granted the interim order on an urgent basis. “This is the clearest case of justice delayed is justice denied,” Moroe writes. “He (Justice Molete) still has not heard the merits on the simple application involving tenancy. He still has not delivered his reserved judgment on the points in limine,” Moroe said.

The party has a building situated at the Cathedral Area in Maseru which it has sub-let to Busstop Holdings (Pty) Ltd. In 2015 a dispute arose between the landlord and the tenant. In December of the same year the tenant initiated motion proceedings on an urgent basis in the High Court’s commercial division before Justice Molete.

The judge granted an interim order that gave a local attorney Qhalehang Letsika of Mei and Mei powers to collect rentals from the premises and keep them in his trust account.
Justice Molete’s interim order was also that Letsika should pay to the BCP on a monthly basis M75 000. But the party complains that for over 12 months it has not received the payment from Letsika.

Moroe says the party does not know how much the attorney is collecting as rentals from the premises, how much he has collected so far, how he is keeping the rentals so collected and where he is keeping them.

He also says the party wants to know how many tenants the attorney is collecting rentals from and how much he is collecting from each tenant.
“The major concern of the party, Honourable Minister, is the glaring miscarriage of justice that is apparent here,” Moroe says.
Justice Molete heard arguments on October 9, 2016, almost a year later, and reserved judgment for 60 days.

The 60 days period expired on December 9 but no judgment was given.
“We are told that Judge Molete is now saying he will deliver judgment on an unspecific date in January 2017,” Moroe says.

“Another delay of justice which has already graduated into a denial of justice,” he says.
Moroe says the BCP is concerned that if Justice Molete “can take over a year to determine preliminary objections in a simple tenancy application, then the merits are likely to take even much longer to finalise”.
“In the meantime the party is suffering irreparably and the degree of prejudice is immeasurable.”

Moroe, justifying the party’s request for the executive intervention in a matter dealt with by the judiciary, argues that “accountability should not be sacrificed on the altar of the independence of the judiciary”.
“In fact, independence of the judiciary does not mean, and should not mean absence of accountability,” Moroe says.

“Accountability is the only tool for ensuring that everyone carries out their responsibilities with the requisite decorum and transparency,” he says.
Moroe says this matter has become more urgent because the BCP’s activities are being crippled and for a whole year now it has not been easy to run its affairs.

“The party has to start to prepare for the upcoming Local Government elections and it cannot do so when the matter is taking ages before the courts,” Moroe says.
“There are indications that general elections are looming in the horizon, and the party will be prejudiced if there is still no certainty in the Commercial Court about its source of funds,” he says.

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Dead on arrival

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My sister delivered a stillborn baby when she was on her way to the clinic,” ’Matemoho Letšela, 23, barely holding back tears.

Letšela says her sister, whose name she withheld, suffered birth-pangs when she was alone at home in Khonofaneng village in Mokhotlong.

She was then rushed down the slopes of a mountain by some passers-by on foot, striding on the slopes of a rocky mountain, crossing deep gorges as she sought to get to the Molika-Liko Health Centre some eight kilometres away.

When she arrived at the clinic, the baby was declared dead on arrival.

Welcome to Mokhotlong, Lesotho’s mountainous region known worldwide for its big and clean diamonds where the people do not have basic services.

Letšela said her sister collapsed when she was on her way to the clinic and was only seen by some passers-by.

By the time passers-by saw her, it was already too late for her and her baby.

She was eight months pregnant. 

“She was still far from the clinic and away from the villages,” Letšela says.

“She had no one to help her until she lost her baby. She was helpless the whole day until it was too late for her to survive,” she says.

 “She had already lost a lot of blood and could not make it to the hospital.”

Letšela shared her sister’s story with thepost during a tour conducted by the China International Development Cooperation Agency (CIDCA) and the United Nations Population Fund (UNFPA) to assess the impact of their assistance in Mokhotlong and Quthing districts a fortnight ago.

Letsela pleaded with the government to provide services in Mokhotlong’s hard-to-reach areas to avoid unnecessary deaths like her sister’s.

“My sister was eight months pregnant so the long walking distance might have been the cause of her early delivery and ultimate death,” she says.

She says there are still some villages in her area that are way far from where she stays, villages like Lichecheng where a patient must travel early in the morning, sleep on the way and reach the clinic the following day.

Cars cannot reach those remote areas, she says.

At Letšela’s area, they only have one bus that travels from home to town at 9am and will be back late at 8pm.

Even though they would love to always catch a ride whenever they are going to the clinic, sometimes they just do not have the money.

Letšela is three months pregnant now and says she cannot wait to reach 37 weeks so she can go and stay at the accommodation facilities provided by the clinic.

 “That is the advice from our midwives and I am willing to take that offer,” she says.

“I don’t want what happened to my sister to happen to me.”

When thepost met Letšela at the clinic last week, she had left her place at around 4am walking alone to the clinic and arrived after 10am.

Relebohile Tšepe

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Doctor tampers with corpse

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THE Mokhotlong Government Hospital has agreed to pay M200 000 as compensation to the husband of a deceased patient after a doctor unlawfully tampered with the corpse.

There is a deed of settlement between the hospital and Jacob Palime, the deceased woman’s husband.

Jacob Palime rushed to the High Court in Tšifa-li-Mali last year after the hospital failed to explain why the doctor had tampered with his wife’s corpse at a private mortuary behind his back.

His wife’s body had been taken to the Lesotho Funeral Services.
Palime lives in Phahameng in Mokhotlong.

In his court papers, Palime was demanding M500 000 in compensation from the hospital “for unlawful invasion, intrusion and interference with” his rituals and rights over his dead wife.

He informed the court that his wife died in September 2020 at Mokhotlong Hospital.

“All requisite documentation pertaining to her release to Lesotho Funeral Services were effected and ultimately the deceased was accordingly transferred to the mortuary,” Palime said.

The court heard that Palime’s family was subsequently informed about the wife’s death.

The family however learnt that one doctor, acting in his professional capacity, went to the mortuary the next day and tampered with the corpse.

The doctor subsequently conducted certain tests on the corpse without the knowledge of family members.

Palime said their attempts to get an explanation from the hospital as to the purpose of the tests and the name of the doctor had failed to yield results.

“It remained questionable and therefore incomprehensible as to what actually was the purpose or rationale behind conducting such anonymous and secret tests,” he said.

Palime told the court that the whole thing left him “in an unsettled state of mind for a long time”.

He said his family, which has its traditions and culture rooted in the respect for their departed loved ones, regards and considers Mokhotlong Hospital’s conduct as an unlawful invasion, intrusion and interference with his rituals and rights over his deceased spouse.

“This is more-so because the hospital had all the opportunity to have conducted any or such alleged tests immediately upon demise of the deceased while still within its area of jurisdiction and not after her release to the mortuary,” he said.

Palime said despite incessant demands, the hospital has failed, refused, ignored and neglected to cooperate with him “to amicably solve this unwarranted state of affairs”.

Palime told the court that there were no claims against the Lesotho Funeral Service as they had cooperated and compensated him for wrongly allowing the doctor to perform tests on the corpse without knowledge or presence of one of the family members.

’Malimpho Majoro

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Villagers whipped as police seize guns

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Dozens of villagers in Ha-Rammeleke in Khubelu, Mokhotlong, were on Monday night rounded up and beaten with sticks and whips by the police during an operation to seize illegal guns.

The villagers told thepost that they heard one man crying out for help saying his wife was sick. And when they rushed to his house, they found the police waiting for them.

The police had stormed the man’s house and ordered him to “cry for help” to lure men from the village.

The men and women were then frog-marched outside the village where the police assaulted the men with sticks, whips, and kicked them.

One man said when he arrived at the house, he found other villagers who were now surrounded by armed police.

“At first I thought they were soldiers but later picked up that they were SOU (Special Operations Unit) members,” he said.

He said they were subjected to severe torture.

“They beat us with sticks at the same time demanding guns from us,” he said.

The police and soldiers also raided other nearby villages in Khubelu area but in Ha-Rammeleke villagers say they identified only police from the Special Operations Unit (SOU).

Several villagers who spoke to thepost asked for anonymity for fear of retribution.

This was the second time within a month that the security forces have raided the villages in search of illegal guns after a spate of gory murders in the areas.

The murders are perpetrated by famo music gangs who are fighting over illegal gold mining in South Africa.

The first raid was on Wednesday preceding Good Friday.

Villagers say a group of armed soldiers stormed the place in the wee hours collecting almost every one to the chief’s place.

“We were woken-up by young soldiers who drove us to the chief’s place,” one resident of Ha-Rammeleke said.

When they arrived at the chief’s home all hell broke loose.

A woman told thepost that they were split into two groups of women and men.

Later, women were further split into two groups of the elderly and younger ones.

She said the security officers assaulted the men while ordering the elderly women to ululate.

Young women were ordered to run around the place like they were exercising.

She said the men were pushed into a small hut where they were subjected to further torture.

A man who was among the victims said the army said they should produce the guns and help them identify the illegal miners.

He said this happened after one man in their village was fatally shot by five unknown men in broad daylight.

He said the men who killed the fellow villager had their faces covered with balaclavas and they could not see who they were.

 

The villagers chased them but they could not get close to them because they were armed with guns.

“We were armed with stones while those men were armed with guns,” he said.

“They fired a volley of bullets at us and we retreated,” he said.

The murdered man was later collected by the police.

The army spokesman, Lieutenant Colonel Sakeng Lekola, confirmed that soldiers stormed Khubelu area in response to the rampant lawlessness of unlicensed guns.

Lt Col Lekola said their presence in the area followed two incidents of shootings where one man was fatally shot and a child sustained serious gunshot wounds.

“There were reports everywhere, even on the radios, that things were out of hand in Khubelu,” he said.

He said in just a day they managed to collect six guns that were in wrong hands together with more than 100 rounds (bullets) in an operation dubbed Deuteronomy 17.

These bullets included 23 rounds of Galil rifle.

Lt Col Lekola maintained that their operation was successful because they managed to collect guns from wrong hands.

He said they are doing this in line with the African Union principle of ‘silencing the guns’.

He said it is an undeniable fact that statistics of people killed with guns is disturbing.

“We appeal to these people to produce these unlicensed guns,” Lt Col Lekola said.

Lt Col Lekola said they could not just watch Basotho helplessly as they suffered.

He said some people are seen just flaunting their guns.

“They fear no one,” he said.

Police spokesman, Senior Superintendent Kabelo Halahala, said he was aware of the operation in Mokhotlong but did not have further details.

Majara Molupe

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