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Sky Country dissociates itself from Chen

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MASERU – A South African meat supplier has rejected any connection with a Lesotho company that has been accused of selling rotten meat.
In a strongly worded rebuttal, Sky Country South Africa dissociated itself from a Chinese businessman, Chen Jin Song who claims to run a franchise for Sky Country.

Sky Country told thepost this week that it is ready to assist, support and cooperate in “any investigation and audit to protect the integrity of our products and name”. This comes after Song, the sole shareholder of Shake Universary International (Pty) Ltd, Trustworthy Enterprises (Pty) Ltd and CJS Import & Export (Pty) Ltd claimed that Sky Country was his franchisor.

Song runs a chain of meat wholesales in Maseru and Mafeteng which the government closed last week accusing him of selling rotten meat.
He was also arrested and temporarily locked up in police holding cells until his lawyers came to his rescue.
Trade Minister Tefo Mapesela raided his shops and found foodstuffs that had expiry dates that were as far back as December last year.
Song denies that the meat which he bought in bulks from Sky Country in South Africa was rotten.

Sky Country has been irked by claims by Song that it is the franchisor of the Lesotho companies. The media reported last week that Sky Country had been shut down in Lesotho. According to Sky Country director, Jaco Coetsee, these businesses are owned by Chen’s Shake Universary International which is a regular customer of Sky Country. “These stores commonly became known as Sky Country stores in Lesotho since the majority of products offered are Sky Country products,” Coetsee said.

“Sky Country merely supplies various clients in Lesotho and unfortunately has very limited control over how their products are managed and handled, once exported to Lesotho,” he said. The Sky Country Finance Manager J J Grobbelaar told thepost that Song and his company are not a franchise as he indicated in his affidavit. “Sky Country has no franchises and or franchise agreements at all with any other parties in South Africa and or in any land outside of South Africa, including Lesotho,” Grobbelaar said.

“We are very proud of our company and the products we manufacture and is (sic) committed to upholding our core value, namely quality,” he said.
Grobbelaar reiterated that Sky Country “will assist and give our full support and cooperation to any investigation and audit to protect the integrity of our products and our name”. Song deposed to an affidavit in court saying his companies are franchises of Sky Country South Africa in an ex parte application in the Maseru Magistrate’s Court.

An ex parte application is an urgent application that requires a decision without the need to hear all of the parties to the dispute.
Song has since obtained an interim court order restraining Trade Minister Tefo Mapesela and the Maseru City Council (MCC) from closing his shops pending finalisation of his case.

It is in this application that Song claimed that his companies “operate as meat wholesalers as a franchise of Sky Country Enterprise, a South African company”. Song, who is the sole director of Trustworthy Enterprises (Pty) Ltd that is accused of selling rotten meat, says there is no rotten meat in his fridges.

Song, who also claims to manage another company called Ke a Rona (Pty) Ltd, gives a number of reasons why the Ministry of Trade and the Maseru City Council (MCC) should not close his shops. Song’s explanations are contained in his affidavit.
In the affidavit, Song says there were no meat products that had expired adding that “when customers rummage through the goods to choose what they want to buy, some of the packaging gets destroyed and as a cost-saving measure I reseal the said packaging”.

“It is these that were said to be damages and were later confiscated,” Song says.
“They nonetheless constituted an insignificant component of the stock on the premises,” he says.

The affidavit comes after his Trustworthy 1, a wholesale opposite U-Save Supermarket near the main bus stop in Maseru, was raided last week.
Song says his Trustworthy 2 wholesale, situated at NRH Mall along Kingsway Road in Maseru, was also raided and while there he noticed that the MCC’s “long wheel base bakkie was full of literally rotten meat confiscated from U-Save Supermarket”.

Song argues that to date U-Save has never been closed, which clearly demonstrates discriminatory and selective treatment by the MCC and the Ministry of Trade. He says it is “not only indicative of the fact that my businesses were the ones targeted, but also contrary to the precepts of the constitution”.

He says while his Maseru businesses were being ransacked he received calls from Mafeteng saying his other two meat outlets under CJS Import & Export (Pty) Ltd had been closed down at the instruction of Mapesela. Song argues that Mapesela’s instructions to close down his businesses were wrongful and unlawful.

He says Mapesela does not have the requisite authority not only to inspect businesses, but to order their closure as well, as this authority vests with the Commissioner of Trade acting on the advice of the Board in terms of Section 20 of the Trading Enterprises Order No. 11 of 1993.
He also says Mapesela, even if he had the authority to shut down the businesses, had no right to do so because there was “no violation of the rules, no matter how minimal, had been found to exist”.

Song also says Mapesela should have followed the tenets of natural justice by giving him a chance to be heard before deciding to order the closure of his businesses, power he says the minister does not have. He pleaded with the court to order that his businesses should be reopened. Song said the goods were perishable and if they remained unattended there was a possibility that the supply of electricity would run out, resulting in damage to the stock.

“In fact, the electricity at the NRH business is critically low and may go off at any time,” he said.
He also queried that the keys to his shops were in the hands of the ministry’s officials “and the safety of the stock-in trade is not guaranteed”.
He argued that Mapesela should have padlocked the shops with his own keys and chains, “leaving the keys to the doors with me, so that none of the parties should, for safety reasons, have exclusive access to the premises”.

He also said he has employed 180 people “who stand to lose their jobs and salaries for as long as the said premises remain closed”.
He said Mapesela and his officials “resorted to self-help, something which courts of law in all civilised jurisdictions do not countenance”.
The MCC spokesman, ’Makatleho Mosala, said they have raided Chen’s businesses countless times.

“It is not a new thing. Every year for the past four years during our raids we found rotten items in that store,” Mosala said.
She said at one time they found tons of rotten meat at one of the stores’ warehouses in the Hoohlo industrial area.
Mosala told thepost that several big stores like U-save, Shoprite and Pick n Pay usually call them when they have compromised stock.

“They call us for assistance to dispose those items. They do not wait for us to raid their stores so they declare those items and we help with the disposal of such items,” Mosala said.  She said these stores usually take these items back to the manufacturers with the MCC stepping in to dispose items that cannot be taken back to the manufacturer.

She said Song’s stores have never asked the MCC to assist in disposing expired items but choose to sell them.
“They do not comply at all and unfortunately Basotho have also adopted that because you will find that in village stores some still have expired items on the shelves,” Mosala said.

“We plead with Basotho to stop buying from such stores because they are compromising their health.” U-Save told thepost that they have an arrangement with the MCC to collect their damaged goods on several days and when they have compromised items they take them back to the manufacturer.

This explains why the MCC van had unwholesome foodstuffs from U-Save as Song noticed.
U-Save said in some cases the manufacturer instructs them to seek assistance from the MCC when they report that some goods are not for public consumption.

Staff Reporter

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City Council bosses up for fraud

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THREE senior Maseru City Council (MCC) bosses face charges of fraud, theft, corruption and money laundering.

Town clerk Molete Selete and consultant Molefe Nthabane appeared in the Maseru Magistrate’s Court yesterday.

City engineer Matsoso Tikoe did not appear as he was said to be out of the country. He will be arraigned when he returns.

They are charged together with Kenneth Leong, the project manager of SCIG-SMCG-TIM Joint Venture, the company that lost the M379 million Mpilo Boulevard contract in January.

The joint venture made up of two Chinese companies, Shanxi Construction Investment Group (SCIG) and Shanxi Mechanization Construction Group (SMCG), and local partner Tim Plant Hire (TIM), has also been charged.

Selete and Nthabane were released on bail of M5 000 and surety of M200 000 each. Leong was granted bail of M10 000 and surety of M400 000 or property of the same value.

The charges are a culmination of the Directorate on Corruption and Economic Offences (DCEO) investigation that has been going on for the past months or so.

The prosecution says Selete, Nthabane, Tikoe, and Leong acted in concert as they intentionally and unlawfully abused the functions of their offices by authorising an advance payment of M14 million to a joint-venture building the Mpilo Boulevard.

An advance payment guarantee is a commitment issued by a bank to pay a specified amount to one party of a contract on-demand as protection against the risk of the other party’s non-performance.

The prosecution says the payment was processed after the company had provided a dubious advance payment guarantee. It says the officials knew that the guarantee was fake and therefore unenforceable.

As revealed by thepost three weeks ago, SCIG and SMCG were responsible for providing the payment guarantee as lead partners in the joint venture.

The prosecution says the MCC was required by law to make advance payment after SCIG-SMCG-TIM Joint Venture submitted a guarantee as per the international standards on construction contracts.

It alleges that the MCC has now lost the M14 million paid to SCIG-SMCG-TIM Joint Venture because of the fake advanced guarantee.

thepost has seen minutes of meetings in which officials from the joint venture admitted to MCC officers that the advance payment guarantee was dubious.

SCIG-SMCG-TIM kept promising to provide a genuine guarantee but never did. Yet the MCC officials did not report the suspected fraud to the police or take any action against the company.

It was only in January this year that the MCC cancelled the contract on the basis that the company had failed to provide a genuine guarantee.

Despite receiving the advance payment SCIG and SMCG refused to pay TIM Joint Venture for the initial work.

SCIG and SMCG, the lead partners in the joint venture, are reportedly suing the MCC to restore the contract. Officials from TIM Plant Hire however say they are not aware of their partners’ lawsuit against the MCC.

Staff Reporter

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Scott fights for free lawyer

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DOUBLE-MURDER convict Lehlohonolo Scott is fighting the government to pay a lawyer to represent him in his appeal.
Scott, serving two life sentences for murdering Kamohelo Mohata and Moholobela Seetsa in 2012, says his efforts to get a state-sponsored lawyer have been repeatedly frustrated by the Registrar of the High Court, Advocate ’Mathato Sekoai.
He wants to appeal both conviction and sentence.
He has now filed an application in the High Court seeking an order to compel Advocate Sekoai to appoint a lawyer to represent him.
He tells the court that he is representing himself in that application because the Registrar has rejected his request to pay his legal fees or appoint a lawyer for him.
People who cannot fund their own legal costs can apply to the Registrar for what is called pro deo, legal representation paid for by the state.
Scott says Sekoai has told him to approach Legal Aid for assistance.
The Legal Aid office took a year to respond to him, verbally through correctional officers, saying it does not communicate directly with inmates.
The Legal Aid also said he doesn’t qualify to be their client.
“I was informed that one Mrs Papali, if I recall the name well, who is the Chief Legal Aid counsel, had said that Legal Aid does not communicate with inmates so she could not write back to me,” Scott says.
“Secondly, they represent people in minor cases. Thirdly, they represent indigent people of which she suggested I am not one of them.”
“Fourthly, there are no prospects of success in my case hence they won’t assist me.”
He says the Legal Aid’s fifth reason was that he has been in jail for a long time.
Scott is asking the High Court to set aside Sekoai’s decision and order her to facilitate pro deo services for him, saying her decision was “irregular, irrational, and unlawful”.
He argues that the Registrar’s role was to finance his case to finality, meaning up to the Court of Appeal.
The Registrar insists that the arrangement was to provide him a lawyer until his High Court trial ended.
Scott says his lawyer, Advocate Thulo Hoeane, who was paid by the state, had promised to file an appeal a day after his sentencing but he did not.
He argues that the Registrar did not hear him but arbitrarily decided to end pro deo.
Scott says he wrote to Acting Chief Justice ’Maseforo Mahase in 2018 soon after his conviction and sentencing seeking assistance but he never received any response.
Later, he wrote to Chief Justice Sakoane Sakoane in November 2020 and he received a response through Sekoai who rejected his request.
Scott tells the High Court that he managed to apply to the Court of Appeal on his own but the Registrar later told him, through correctional officers, that “the Court of Appeal does not permit ordinary people to approach it”.
He argues that “where justice or other public interest considerations demand, the courts have always departed from the rules without any problem”.
Staff Reporter

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Army ordered to pay up

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THE Ombudsman has asked parliament to intervene to force the Lesotho Defence Force (LDF) to compensate families of people killed by soldiers.
Advocate Tlotliso Polaki told parliament, in two damning reports on Monday, that the LDF is refusing to compensate the family of Lisebo Tang who was shot dead by soldiers near the former commander, Lieutenant General Tlali Kamoli’s home in 2014.

The LDF, she said, is also refusing to compensate the family of Molapo Molapo who was killed by a group of soldiers at his home in Peka, Ha-Leburu in 2022.

Advocate Polaki wrote the LDF in January last year saying it should pay Tang’s mother, Makhola Tang, M300 000 “as a reasonable and justifiable redress for loss of support”.

The Tang family claim investigation started in February 2022 and the LDF responded that it “had undertaken the responsibility for funeral expenses and other related costs”.

Advocate Polaki investigated whether the LDF could be held accountable for Tang’s death and whether his family should be compensated while the criminal case is pending.

She found that the soldiers were “acting within the scope of their employment to protect the army commander and his family” when they killed Tang.

Soldiers killed Tang in Lithabaneng while she was in a parked car with her boyfriend at what the army termed “a compromising spot” near the commander’s residence.

The three soldiers peppered the vehicle with a volley of shots, killing Tang and wounding the boyfriend.

Advocate Polaki found that the army arranged to pay for the funeral costs and to continue buying groceries and school needs for Tang’s daughter.

The LDF, however, kept this for only four years but abruptly stopped.

When asked why it stopped, the army said “there is a criminal case pending in court”.

The army also said it felt that it would be admitting guilt if it compensated the Tang’s family.

The Ombudsman said “a civil claim for pecuniary compensation lodged is not dependent on the criminal proceedings running at the same time”.

“The LDF created a legitimate but unreasonable expectation and commitments between themselves and the complainant which had no duration attached thereto and which showed a willingness to cooperate and work harmoniously together,” Advocate Polaki found.

“The LDF was correct in withdrawing such benefit in the absence of a clear policy guideline or order to continue to offer such benefit or advantage,” she said.

“However, she should have been consulted first as the decision was prejudicial to her interest.”

She said the army’s undertaking “fell short of a critical element of duration and reasonability”.

Tang was a breadwinner working at Pick ’n Pay Supermarket as a cleaner earning M2 000 a month.

Her daughter, the Ombudsman said, is now in grade six and her school fees alone had escalated to M3 200 per year.

She said an appropriate redress should be premised on her family’s loss of income and future loss of support based on her salary and the prejudice suffered by her mother and daughter.

She said M300 000 is “a reasonable and justifiable redress for loss of support”.

In Molapo’s case, Advocate Polaki told parliament that the LDF refused to implement her recommendations to compensate his two daughters.

The complainant is his father, Thabo Joel Molapo.

The Ombudsman told the army in August last year that it should pay the girls M423 805 “for the negligent death of their father”.

Advocate Polaki said despite that the criminal matter is before the court, “it is established that the Ombudsman can assert her jurisdiction and make determinations on the complaint”.

Molapo, 32, was brutally murdered by a soldier in Peka in December 2020.

Molapo had earlier fought with the soldier and disarmed him.

The soldier, the Ombudsman found, rushed to Mokota-koti army post to request backup to recover his rifle. When he returned with his colleagues, they found him hiding in his house. The soldier then shot Molapo.

The LDF, the Ombudsman said, conceded that the soldier killed Molapo while on duty and that he had been subjected to internal disciplinary processes.

“The LDF is bound by the consequences of the officer’s actions who was negligent and caused Molapo’s death,” she said.

She found that after Molapo was killed, army officers and the Minister of Defence visited his family and pledged to pay his children’s school fees. They also promised to hire one of his relatives who would “cater for the needs of the deceased’s children going forward”.

The LDF, she said, has now reneged on its promises saying its “recruitment policy and legal considerations did not allow for such decision to be implemented”.

Molapo’s father told the Ombudsman that the LDF said “the undertakings were not implementable and were made by the minister at the time just to console the family”.

All the payments in the two cases, the Ombudsman has asked parliament, should be made within three months.

Staff Reporter

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