News
Ministry hunts Royal Palace cheats
Published
4 years agoon
By
The Post
MASERU – THE government is scrambling to recover more than M50 million from building and consultant companies that allegedly inflated the cost of their services and materials in the construction of the palace.
thepost can reveal that for the past year officials from the Ministry of Public Works and its architectural department, the Building Design Services (BDS), have been scrutinising their records to claw back millions they allege were fraudulently or unfairly paid to the companies.
The officials believe that between 2015 and 2018 some companies submitted dubious invoices for work that was never done and materials that were not supplied.
The government suspects the companies did this by conniving to submit questionable invoices.
This, the ministry and the BDS allege, contributed to the budget racing from the initial M136 million in 2011 to M476 million now.
At the centre of the alleged sleaze is Makeka Design Lab, a Cape Town-based architectural firm owned by Mokena Makeka.
Makeka, a Mosotho architect originally hired as the interior designer of the palace, became the principal architect when Palace Architect was kicked out in 2013 after quarrelling with the BDS. Palace Architect designed the palace and supervised the construction in the first two years.
Makeka’s appointment in 2015 did not go through an open tender as required by the law.
He appears to have been handpicked on the basis that the project was way behind schedule and following open tender procedures would delay it further.
And indeed the project was already two years behind schedule. His other advantage, according to Public Works sources, was being an architect who was already involved in the project as the interior designer.
Makeka left the project in July 2018, citing a breakdown in his relationship with the Ministry of Public Works and BDS. The firm also complained about delayed payments and what it called questionable decisions by stakeholders.
But BDS officials claim the company was central to the chicanery that saw the cost of the Royal Palace increase by 250 percent.
The project, initially scheduled to finish in 2013, is now seven years behind schedule. Given the work yet to be completed, it is highly unlikely that the royal family will move in this year.
An investigation by thepost has revealed that although Makeka’s changes to the design constituted only one fifth of the building they led to a nearly 200 percent increase in the project’s cost.
Public Works officials say although some of those changes were crucial many were unnecessary and appear to have been part of Makeka’s plot to get more fees.
Makeka’s fees were based on the total cost of the project.
“So whatever wall he knocked down or extended translated into an increase in the cost of the project and translated into more fees into his pocket,” said a ministry official intricately involved in the project.
Questions are being asked why Makeka was paid nearly double what is stipulated in his contract.
The M5.3 million-contract was based on his own audit of the building before his appointment. It included charges for supervision of the remedial work, redesign as well as completion of the project.
It was Makeka who came up with the new work schedule and named his price, according the confidential documents.
Yet when he left three years later Makeka had been paid M9.5 million, a staggering M4.5 million more than the contract value.
Documents show that the budget for the architectural service for the whole project was M10.7 million. When Makeka was appointed the government had already paid M7.7 million to Palace Architect, the company he replaced. This means when he took over there was only M3 million left in the architect’s budget.
The BDS however agreed to push the amount to M5.3 million after Makeka claimed that he had redesigned some of the building and corrected his predecessor’s mistakes.
But Makeka appears to have continued to submit more invoices until he was paid almost double his fees. He left when the project was at only 40 percent but still collected M4.5 million above his contract.
Meanwhile, the project had overrun its architectural service budget by some 70 percent.
This has added to the project’s swelling costs.
To make matters worse Makeka is alleged to have failed to hand over some crucial design documents to the Ministry of Works.
“BDS has been chasing him for those documents,” said a Ministry of Public Works official. “Without those documents we don’t know if he did what he was paid for.
In 2016 LSP, the main contractor, said the project would cost M250 million.
So far LSP has been paid M317 million but has told the government it needs a total M411 million to finish the job.
The ministry and the BDS are said to have hotly contested that figure, insisting that the contractor cannot get more that M30 million for the remaining work.
BDS officials this week told thepost that although the project was already over-budget the situation worsened in 2014 when Makeka took over.
The trouble, said one, is that Makeka seemed to have used his proximity to the Royal Family to push new designs and change specifications.
“He seemed to have operated with a free rein for months as he claimed that some of the changes he was making were at the instructions of the Royal Family,” the official said.
“It was only later that we realised that he was not speaking for the Royal Family but was pushing his own agenda.”
Nothing illustrates this more than the sand bath tub now gathering dust among the building equipment and rubble in the Royal Palace’s yard. The tub was supposed to be in the main bathroom but was removed because it was not fit for purpose.
Senior Ministry of Public Works officials are now debating whether to return it to the supplier for a refund or auction it.
But whatever they decide it’s unlikely that the government will recoup the M350 000 it paid for the tub because it has deteriorated over the years.
How did the government get to buy such an expensive bath tub?
The answer is said to have come out when their Majesties were taken on a tour of the palace. A story told by an official who was part of the entourage is that upon seeing the tub the King asked what it was for. An official from the ministry said it was the bath tub that Makeka said they requested.
“His Majesty looked puzzled and it was obvious that they had not requested such a thing, least of all one that costs so much,” the official said.
“At that moment we realised that Makeka had been playing us all along.”
Makeka’s design also shows that he ripped out the wooden trusses fitted for rheinzink, a special roof imported from Europe at a huge cost.
The rheinzink, which had been ordered when Makeka changed the design, has been replaced with a special glass that sits on flat metal trusses.
Now that glass has started cracking even before the building is finished, with a consultant telling the government that the structure’s design was flawed from the start.
If the design is not changed the structure might curve into the building’s hallway.
Makeka also ordered the demolition of a porte-cochere, a structure protruding in front of the main entrance of the building. As per the request from the BDS and the ministry the arc-shaped porte-cochere was on a terrace. The idea was that Their Majesties would address people from the palace. Makeka ordered the contractor to replace it with an elongated porte-cochere that will have grass on top and can accommodate several cars.
Some terraces were modified by replacing the steel with concrete. Makeka ordered the builder to remove the steel structure on top of the mokorothlo-like structure on the main entrance. That structure was custom-made and is unlikely to find any buyers. Its likely destination might be a scrap metal at the dealer’s yard.
It also appears that some corridors and several bedrooms have been extended.
“Soon we realised we were dealing with an ambitious young architect who saw the palace as his ultimate project.”
Most of the BDS and Ministry officials who spoke to thepost however say it would be unfair to lay all the blame on Makeka.
They say the LSP also botched some aspects of the building, hence the remedial works that dragged on for months and increased the costs.
They also say there are suspicions that the LSP was trying to cut corners to maximise profits.
“Without close supervision it was a free for all. Only now are we getting to grips with the level of losses we incurred as a government,” said another ministry official.
“The plan now is to verify every certificate that was paid. We believe we can recover about M50 million from the companies involved.”
thepost has seen emails that show that the BDS was getting frustrated by the Makeka’s work barely a year after he was hired. The emails show that the NDS was worried that it was not getting information on the cost of the project from Makeka.
This week Makeka said he had “no comment” to thepost’s eight detailed questions about the allegations.
His also copied the email to his lawyer.
Leading the efforts to recover the money is Nyolohelo Mohale, the project’s Clerk of Works. Mohale refused to give specific details but confirms the efforts.
“We have already started recouping some of that money,” Mohale says.
He admits that a “lot of mistakes were made on the project”.
“The government has to learn from those mistakes. There was no strong supervision. A lot of things were not done right. Greed played a part.”
“Corporates were trying to get the most out of a project. The red tape in the government made things worse because payments were delayed. That is all I can say.”
Mohale is coy to make promises on when the project will be completed.
“There is still some work yet to be done but we have made tremendous progress. Relations between the stakeholders have improved a lot and we are working well together.”
He said the interior design and landscaping will start within days but that doesn’t mean Their Majesties will immediately move in soon.
“Once the interior is done Mohale will have to train the team that will maintain the building. That training is intensive and cannot happen when Their Majesties are living there.”
For the Royal Family the wait continues.
Senior Ministry of Public Works officials are now debating whether to return it to the supplier for a refund or auction it.
But whatever they decide it’s unlikely that the government will recoup the M350 000 it paid for the tub because it has deteriorated over the years.
How did the government get to buy such an expensive bath tub?
The answer is said to have come out when their Majesties were taken on a tour of the palace. A story told by an official who was part of the entourage is that upon seeing the tub the King asked what it was for. An official from the ministry said it was the bath tub that Makeka said they requested.
“His Majesty looked puzzled and it was obvious that they had not requested such a thing, least of all one that costs so much,” the official said.
“At that moment we realised that Makeka had been playing us all along.”
Makeka’s design also shows that he ripped out the wooden trusses fitted for rheinzink, a special roof imported from Europe at a huge cost.
The rheinzink, which had been ordered when Makeka changed the design, has been replaced with a special glass that sits on flat metal trusses.
Now that glass has started cracking even before the building is finished, with a consultant telling the government that the structure’s design was flawed from the start.
If the design is not changed the structure might curve into the building’s hallway.
Makeka also ordered the demolition of a porte-cochere, a structure protruding in front of the main entrance of the building. As per the request from the BDS and the ministry the arc-shaped porte-cochere was on a terrace. The idea was that Their Majesties would address people from the palace. Makeka ordered the contractor to replace it with an elongated porte-cochere that will have grass on top and can accommodate several cars.
Some terraces were modified by replacing the steel with concrete. Makeka ordered the builder to remove the steel structure on top of the mokorothlo-shaped structure on the main entrance. That structure was custom-made and is unlikely to find any buyers. Its likely destination might be a scrap metal at the dealer’s yard.
It also appears that some corridors and several bedrooms have been extended.
“Soon we realised we were dealing with an ambitious young architect who saw the palace as his ultimate project.”
Most of the BDS and Ministry officials who spoke to thepost however say it would be unfair to lay all the blame on Makeka.
They say the LSP also botched some aspects of the building, hence the remedial works that dragged on for months and increased the costs.
They also say there are suspicions that the LSP was trying to cut corners to maximise profits.
“Without close supervision it was a free for all. Only now are we getting to grips with the level of losses we incurred as a government,” said another ministry official.
“The plan now is to verify every certificate that was paid. We believe we can recover about M50 million from the companies involved.”
thepost has seen emails that show that the BDS was getting frustrated by Makeka’s work barely a year after he was hired. The emails show that the NDS was worried that it was not getting information on the cost of the project from Makeka.
This week Makeka said he had “no comment” to thepost’s eight detailed questions about the allegations.
His also copied the email to his lawyer.
Leading the efforts to recover the money is Nyolohelo Mohale, the project’s Clerk of Works. Mohale refused to give specific details but confirms the efforts.
“We have already started recouping some of that money,” Mohale says.
He admits that a “lot of mistakes were made on the project”.
“The government has to learn from those mistakes. There was no strong supervision. A lot of things were not done right. Greed played a part.”
“Corporates were trying to get the most out of a project. The red tape in the government made things worse because payments were delayed. That is all I can say.”
Mohale is coy to make promises on when the project will be completed.
“There is still some work yet to be done but we have made tremendous progress. Relations between the stakeholders have improved a lot and we are working well together.”
He said the interior design and landscaping will start within days but that doesn’t mean Their Majesties will immediately move in soon.
“Once the interior is done Mohale will have to train the team that will maintain the building. That training is intensive and cannot happen when Their Majesties are living there.”
For the Royal Family the wait continues.
Shakeman Mugari
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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

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

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.
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