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Plot to oust Thabane

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MASERU – DARK clouds are hanging over Prime Minister Thomas Thabane as some All Basotho Convention (ABC) MPs plot his ouster.
The plot is to topple Thabane through a no-confidence motion in Parliament.
But before bringing that motion the MPs want to make drastic changes to the rules of the game to pave way for his smooth ouster.

thepost has been told that the first phase of the strategy is to amend the constitution so that the Prime Minister does not have the option to advise the King to call an election after losing the vote-of-no-confidence.
Targeted for amendment is Section 83 (4) (b) of the constitution.
It says: “if the National Assembly passes a resolution of no confidence in the Government of Lesotho and the Prime Minister does not within three days thereafter either resign or advise dissolution the King may, acting in accordance with the advice of the Council of State, dissolve Parliament”.
In simple terms the section gives the Prime Minister three options, two of which lead to an election.

The first is that he can resign.
The second is that he can advise the King to call an election. The third is that he can remain silent and force the King’s hand to call an election.
The MPs want that changed so that resignation is the only option available to the Prime Minister after losing a no-confidence vote.

In the context of Thabane the idea is that if he loses the vote he cannot fall with the whole government and the MPs.
That way the MPs will be able to push him out without risking losing their jobs and benefits by having to seek a new mandate from voters.
That way they don’t face the public’s wrath that comes with the government having to settle their interest free loans every time their term ends prematurely.
By changing the wording of the clause the MPs would have effectively stopped the tradition of Prime Ministers calling early elections when they lose control of Parliament.

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In 2014 Thabane prorogued Parliament to avoid a no-confidence vote.
He later opened it after local and regional pressure but advised the King to dissolve Parliament and call a fresh election before he faced a no-confidence vote.
Former Prime Minister Pakalitha Mosisili used the same clause in 2017 but lost the subsequent election.
thepost is aware that the motion was initially submitted by Sam Rapapa on March 4 but he was advised that he had not followed proper procedures.
He was told that he had to apply for permission from Parliament to bring the motion.
Rapapa, who is chairman of the new ABC committee, confirmed that he initially proposed the motion.
He said as he was preparing to apply to seek permission Parliament told him that another MP was already seeking leave to bring the motion.

“They told me that someone had already requested permission to bring the same motion,” Rapapa said last night.
The MP for Mosalemane said the motive of the motion is to stop Prime Ministers from hiding behind snap elections when they fall out with Parliament.
“That means we will have our election after every five years, not this mid-term thing we have been having,” Rapapa said.

But an amendment to section 83 (4) (b) requires a two thirds majority.
That means ABC MPs pushing the motion will have to mobilise numbers from opposition MPs who obviously know that the amendment might come back to bite them in future.
The second phase of the plot to push out Thabane seems to be a proposed motion to amend Parliament’s Standing Order number 111.

Also submitted by Rapapa, the amended clause seeks to make it clear that when there is a no-confidence vote motion MPs shall vote through a secret ballot.
In its current wording the order is unclear whether MPs vote by voice or secret ballot.
Rapapa said the objective is to make an MP’s vote a secret so that they don’t fear retribution from the government, the party or the Prime Minister.

That means if Thabane does face a vote-of-no-confidence even his ministers and other MPs close to him might support it without fear of nasty comebacks.
Rapapa says both motions have nothing to do with what some see as a looming no-confidence vote against Thabane.
“It’s not a precursor for anything. There are already reforms to amend the constitution so some have just said lets amend this section now,” he said of the proposed constitutional amendment.
In reference to the motion to change Standing Order 111 he said: “We are just amending our parliamentary rules to make them better”.
Yet the timing of the motions could not have been more ominous. They come at a time when the ABC is wobbling because of power battles.

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On Monday the High Court will start hearing a case in which members of the old national executive committee are disputing the result of the election they lost in February.
This after a negotiation ordered by the court collapsed this week, allegedly due to lack of commitment from the faction aligned to the old committee and reportedly in Thabane’s corner.
In the court order acting Chief Justice Maseforo Mahase committed herself to deliver judgement on March 29.
At the core of the case is the allegation that the number of ballots cast is higher than the number of delegates at the elective conference.

This, according to the losing candidates, means that the election was rigged.
But the new committee led by Professor Nqosa Mahao, who is the Vice-Chancellor of the National University of Lesotho, dismissed these claims and says the number of votes tallies with the number of delegates.
Prof Mahao’s camp views the lawsuit as an attempt by the old committee to subvert the will of the ABC supporters.
The old committee says it has the right to seek the court’s intervention.

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Knives out for Molelle

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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.

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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”.

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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.

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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.

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Massive salary hike for chiefs

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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.

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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.

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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.

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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.

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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.

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Maqelepo says suspension deeply flawed

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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.

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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.

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“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.

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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.

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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.

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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.

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