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Magistrate grilled over ’Maesaiah bail

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MASERU-MASERU’S senior resident magistrate, Phethise Motanyane, was this week grilled by the police over his controversial decision to grant bail to First Lady ’Maesaiah Thabane last month.
The police move to quiz Motanyane has however incensed his colleagues in the magistracy.
The Chief Magistrate ’Matankiso Nthunya and the Judicial Officers Association of Lesotho (JOALE) have now asked Acting Chief Justice ’Maseforo Mahase to intervene.
The police, through its Deputy Commissioner Paseka Mokete, accused magistrate Motanyane of abusing his power when he released the First Lady under ‘dubious circumstances’.

The police’s concern was that the First Lady was released well after working hours.
Magistrate Motanyane was on call and had to read the bail conditions for ’Maesaiah so that she could be released from the correctional facility.
The police’s other concern was that the bail payment receipt showed that the First Lady paid the required amount on the following day, meaning she was released even before she could pay.
JOALE’s secretary general, Magistrate Masupha Kao, told thepost that they did not like the way DCP Mokete had dealt with Magistrate Motanyane’s issue.
He said after they were informed that Magistrate Motanyane had been summoned by the police, they had to take action as that could set a precedent for the “police to just easily arrest people without investigating”.

He said according Section 21 of the Penal Code 2010, a magistrate on duty cannot be accused of any criminal offence over the decision or judgment he made in court.
“This does not mean a magistrate cannot be arrested and be accused, he can still be accused if he commits a crime somewhere else,” he said.
He said from the onset DCP Mokete was not satisfied with the granting of bail for the First Lady, “so he is trying everything he can to arrest everyone who put a hand on that bail application”.
“Despite the reasons Magistrate Motanyane gave him while being interrogated, he still accused him,” he said.
“He seriously took us for granted.”

According to Magistrate Kao, Motanyane told the police that he was called from home by the court’s clerk to assist, saying the correctional officers were waiting for him at court to read the bail conditions as the First Lady was being released.
“Since he was the only magistrate who stayed near the magistrate’s court, it was not far for him to go and perform his duty,” he said.

He explained that every magistrate, particularly from the positions of Senior Residents upwards, are on call 24/7, “so magistrate Motanyane was the nearest of them all to be the one on call”.
Magistrate Kao said what made them concerned was that Motanyane was grilled by more than seven police officers including DCP Mokete simultaneously.
“This did not only affect Magistrate Monyane but all of us magistrates because DCP Mokete took one of us in a very cheap way,” he said.
He said Motanyane told the police he received a note from the assistant registrar of the Acting Chief Justice that the bail was granted but the finance offices were closed so the money was given to him in cash, which he kept in his drawer.

He said he duly transferred the money the following day.
“I do not see any offence he committed for reading the conditions to the accused. It was not the first time that a magistrate had worked after hours, I too do it so what was surprising about this one?”

He said the Chief Magistrate together with JOALE President went to the Acting Chief Justice Mahase to call a meeting with DCP Mokete to discuss these issues.
“For a person to be arrested there has to be an investigation so that there is a case, not just to jump on someone anytime and accuse him,” Magistrate Kao said.

Itumeleng Khoete

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A night of horror

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THE police arrived in Ha-Rammeleke, a Mokhotlong village, in the middle of the night.
They stormed one house and found a couple sleeping.

They then dragged the man out and ordered him to follow their instructions if he didn’t want to be killed. Their order was that he should scream while announcing to his neighbours that his wife was gravely ill. The villagers who responded to the man’s plea for help didn’t know that they were walking into a trap.

The police rounded them up as they arrived at the man’s house.

Their night of horror has just begun.

Dozens of men and women were frog-marched to the edge of the village.

The police assaulted the men with sticks and whips. They kicked others.

In the crowd was Tebalo Lesita, a 48-year-old Rastafarian with dreadlocks.

He was called to the front and ordered to act like a Rastafarian.

First, they said he should sing Reggae while shaking his head so that his dreadlocks would wave from side to side. He did and they laughed.

“They also ordered me to mimic Lucky Dube.”

Lesita says he only shouted like he was singing because, due to fear, all Lucky Dube’s songs he knew had slipped out of his mind.

“I just mumbled some words as if I was singing. I have never experienced such torment before.”

“I only kept saying ‘Ye ye ye!’”, he says.

They laughed again.

Meanwhile, the police were hurling insults at him.

“I was told that I was smelling rubbish in the mouth.”

Lesita says the police then instructed him to act as if he was having sex.

And when he said he was tired of the act the police ordered him to act as if he was ejaculating.

He did and his tormentors roared with laughter.

The police, Lesita says, wanted him and other villagers to confess that they knew men who had shot and killed a man earlier in the village.

Lesita says after the ordeal that lasted nearly an hour the police ordered him to pray. He claims his body is full of bruises, especially on the buttocks.

“My body is aching all over.”

Lesita says he wants to sue the police but doesn’t know where to start.

“I understand that my human rights have been grossly violated but I do not know which legal steps to follow,” he says.

A week after the assault, he still hasn’t sought medical help.

Nor has he opened a case against the police.

“I find it impossible to open the case against them. I will have to go to the police station to open a case,” he says.

“How can I open the case against the police at the police station?”

As a sheep farmer, Lesita says he cannot afford the taxi fare to travel to Mapholaneng to report a case at Tlokoeng Police Station.

Lesita says he cut his dreadlocks a day after the incident “because they have put me into serious problems”.

“I rue the day that I started growing those dreadlocks,” he says.

Police spokesman, Senior Superintendent Kabelo Halahala, confirmed that there was a police operation in Mokhotlong but said he didn’t know how it unfolded.

Incidents of the police terrorising villagers under the guise of fighting or investigating crimes are common in Lesotho.

It is rare for police officers involved in such incidents to be arrested or prosecuted.

Majara Molupe

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Anger over Chinese businesses

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FORMER Mining Minister, Lebohang Thotanyana, says Lesotho is shooting itself in the foot by allowing Chinese companies that win major construction tenders to import everything from China.

Thotanyana was speaking at the Basotho Business Empowerment Forum on Tuesday.

The forum was organised by the Micro, Small, and Medium Enterprise (MSME) Association.

Thotanyana told the forum that of all the Southern African Customs Union (SACU) countries, Lesotho is the one benefitting the least from hiring Chinese-owned companies for major infrastructure projects. 

 

Thotanyana said Chinese companies tend to “import everything save menial labour” in every government job they win.

 

“We only benefit minimally with the labour force,” Thotanyana said, adding that “more money goes back to the countries that have brought their own machinery”.

 

“This is exactly what is happening at the Polihali Dam which is under construction.” 

 

“There should be a value chain so that the economy grows.”

 

Tempers flared at the forum as local business owners accused the government of failing to protect them against Chinese businesses. 

 

The forum revealed the growing frustration among local business owners who feel the government is not doing enough to protect them against Chinese business muscling them out of sectors reserved for them. 

 

The local business owners criticised the government for failing to implement the Business Licensing and Registration Act 2019 that reserves certain businesses for indigenous Basotho. 

 

They told the Principal Secretary of the Ministry of Trade, Thabo Moleko, together with a handful of MPs in attendance, that their patience had worn out.

 

“We want our business from the Chinese and Indians,” Thobei Motlere, the president of the MSME Association said.

 

“We are not afraid of these Chinese,” he added, adding that they could approach them head-on.

 

“We want to see the Act implemented now, not tomorrow or any other time. We want to push them out of the business peacefully. We want peace.”

 

Motlere said they have been pushed out of business by the Chinese yet there is a law to protect them “against unfair competition”.

 

“We have elected you as MPs but you are doing nothing to save us from the competition yet there is a law in place,” Motlere said.

 

The MPs tried to respond to some of the issues people but they were booed and heckled. 

 

“This is not the right place to answer. You should address this in parliament, not here,” said one woman in the crowd. 

 

Some MPs walked out of the forum in protest but were eventually coaxed to return to their chairs. 

 

’Maremi ’Mabathoana, a street vendor, said the Chinese sell almost every item.

 

“We buy from their shops so that we can sell small items. But the Chinese also sell small items,” ’Mabathoana said.

 

“When we sell a sweet for M1, they sell it for 50c,” she yelled.

 

“When we sell apples for M4, the Chinese sell them for M2. This is unfair.”

 

Moeketsi Motšoane, the Mafeteng MP who is the chairman of the parliament’s Natural Resources committee, said he is also facing similar challenges in his home district.

 

Trying to calm the irked traders, Motšoane said he could bet that some people were being used by the Chinese to kick Basotho out of business.

 

“There are such people amongst you who are being used by the Chinese to knock Basotho out of business,” Motšoane said.

 

He told the Ministry of Trade to move swiftly to implement the Act.

 

“If you do not implement the Act, we will drag you before the committee to account,” he said.

 

 Moleko, the principal secretary of Trade,  promised to implement the law. 

Majara Molupe

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Labour unions in nasty fight

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TWO trade unions representing workers at Polihali Dam construction site have turned on each other.
Instead of fighting for better pay and conditions for members, the Construction, Mining, Quarrying and Allied Workers (CMQ) and the Lesotho Workers Association (LEWA) are locked in a nasty battle that could be linked to a fight over membership.

CMQ alleges that LEWA officials intimidated its members who wanted to vote for a proposed strike against companies working at Polihali Dam.

CMQ also accuses LEWA’s secretary general, Hlalefang Seoaholimo, of conflict of interest which it says renders him unable to effectively represent workers in their battles against employers in Polihali.

CMQ says Seoaholimo is working as a union leader and an employer at the same time. This, CMQ says, is because Seoaholimo’s company, Domino Blasting (Pty) Ltd, has been subcontracted by some companies working at Polihali Dam.

The allegations of intimidation and conflict of interest are part of the letter that CMQ’s secretary general, Robert Mokhahlane, has written to the Registrar of Trade Unions.

In that letter, seen by thepost, Mokhahlane pleads with the Registrar of Trade Unions to deregister LEWA over the alleged intimidation and Seoaholimo’s conflict of interest.

Mokhahlane tells the registrar that because of Seoaholimo’s shareholding in Domino Blasting, LEWA has “characteristics of a company, not a trade union”.

“At Polihali Dam construction, there (were) workers who were employed by Domino Blasting Services at various projects,” Mokhahlane alleges.

“They (Domino Blasting) have a long list of projects that have references and include some companies involved in the construction of Polihali Dam.”

Seoaholimo is one of Domino Blasting’s four directors and holds 300 of the 1000 shares in the company.

Mokhahlane tells the registrar that Seoaholimo cannot claim to be independently fighting for workers’ rights when his company is working with the same companies accused of unfair labour practices in Polihali.

He also accuses Domino Blasting’s human resource officer, Mpho Kanono, of being conflicted because she is also an official of the United Textile Employees (UNITE).

“Both the two officials (Seoaholimo and Kanono) are workers’ representatives within the Wages Advisory Board whereby Hlalefang Seoaholimo is the spokesperson of the workers,” Mokhahlane says.

Mokhahlane also accuses Seoaholimo of “intimidating workers who will be balloting for a strike action by encouraging LEWA members to observe and identify workers” who would participate.

He claims that Seoaholimo mocked a CMQ official who was mobilising workers for the strike at the construction site.

The Labour Code, which the registrar has been asked to invoke, says a union or employers’ organisation may be cancelled by the Labour Court on the registrar’s application.

Seoaholimo has however vehemently refuted allegations that his company is working at Polihali Dam. He told thepost that CMQ is in a campaign to tarnish his name and that of LEWA because “they are aware that workers do not want to join their union”.

He admits that he is a shareholder in Domino Blasting but insists that “as we speak now Domino Blasting does not have a job anywhere in Lesotho”.

“CMQ has to provide evidence that a company called Domino Blasting (Pty) Ltd is working and has any employees in Polihali,” Seoaholimo said.

“Domino Blasting does not even have an office anywhere in the country because it is not working anymore.”

“They should identify the people hired by Domino Blasting (Pty) Ltd among workers in Polihali.”

He said the company has not operated in Lesotho since 2016 when it completed a project. Seoaholimo, however, says he is aware of a South African company with a similar name working in Polihali.

“I as a person have nothing to do with that company,” Seoaholimo said.

He said it is true that Mpho Kanono used to work for Domino Blasting back in 2016 when it still had contracts but she has since left because “the company stopped working”.

“Mpho Kanono is an official of UNITE and has nothing to do with Domino Blasting at present moment.”

Staff Reporter

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