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Storm over spy boss’ new contract
Published
3 years agoon
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The PostMASERU-THE contract for the National Security Service (NSS) boss Pheello Ralenkoane has been extended to 2023 amid bitter objections from the opposition.
Ralenkoane’s initial appointment to the powerful post in 2017 was met with fierce criticism from the opposition after he stood as a candidate in elections for the BNP that year.
His contract was extended last week by Prime Minister Moeketsi Majoro.
Prime Minister Moeketsi Majoro’s spokesman, Mosito Moqhekoana, told thepost that Ralenkoane “will continue to be in office for the next three years”.
The decision to renew Ralenkoane’s contract has angered the opposition Lesotho Congress for Democracy (LCD).
The party has consistently argued that Ralenkoane’s appointment as the spooks’ boss was in violation of Lesotho’s constitution.
The LCD argues that Ralenkoane is an active politician and therefore does not qualify to serve as the NSS boss.
The party’s spokesman, Teboho Sekata, told thepost that “it boggles one’s mind that the government had the audacity to pick a politician who openly stood for elections and lost”.
Ralenkoane stood for election in the Kolo constituency under the Basotho National Party (BNP) flag in 2017. He however lost heavily to a candidate from the Democratic Congress (DC) party.
The LCD argues that as an active BNP official, Ralenkoane is tainted by his affiliation to the party and is not neutral enough to serve as the intelligence guru.
Ralenkoane’s BNP, the All Basotho Convention (ABC) and the Reformed Congress of Lesotho (RCL) were in a coalition government that was led by Thomas Thabane.
It was Thabane who appointed Ralenkoane as the NSS boss amid howls of protest from the opposition.
Hardly a year after he took over, Ralenkoane fired 77 spies who had been recruited under the previous government led by Pakalitha Mosisili in which the LCD was a coalition partner.
Ralenkoane’s argument was that the then NSS head, Colonel Tumo Lekhooa, had not followed correct procedures when he recruited the 77.
He also complained that they had been trained militarily and so were not suitable for the civilian job of spying.
Sekata, however, says that move showed that Ralenkoane was purging the spies based on their political affiliation.
He says the agents were fired because they were associated with the congress movement, a historical opponent of Ralenkoane’s BNP.
Sekata argues that the government has failed dismally by re-appointing Ralenkoane as the NSS boss.
“We are currently on the verge of reforming our laws including security institutions,” Sekata said.
He complained that Ralenkoane is a BNP member and supporter who does not even hide that fact.
“He also contested for elections under the BNP in 2017 at Kolo,” Sekata said.
He said anyone who does not believe that Ralenkoane is indeed a politician should go to the Independent Electoral Commission (IEC) offices and check the lists of constituencies and those who contested the elections.
He also complained that appointing a politician will entrench old political habits that have been the cause of Lesotho’s instability over the last five decades.
Sekata said when Ralenkoane was first appointed NSS boss, he was the first to publicly oppose his appointment in Parliament.
He said he asked the then minister of defence, Sentje Lebona, why a politician was being given such a sensitive post.
Sekata said while the ABC’s infighting was raging a faction led by Professor Nqosa Mahao claimed the decision to appoint Ralenkoane was initiated by the rival faction that was led by Thabane.
He said the DC also used to preach the same message that security institutions should be apolitical.
“I am now surprised and embarrassed that the same person is again being appointed in the presence of the DC as a coalition partner,” Sekata said.
“No one would expect the DC as a congress party to take part in hiring such people,” he said.
He said the fact that Ralenkoane fired secret agents based on their political affiliation was a stain on his reputation adding he is therefore not fit for the position.
In May 2019, High Court judge Justice Semapo Peete ruled that Ralenkoane had acted unlawfully by terminating the employment of the secret agents.
The matter is pending before the Court of Appeal.
The LCD also tried to challenge Ralenkoane’s appointment in Parliament but the move fell flat after Speaker Sephiri Motanyane shot it down.
The LCD leader Mothetjoa Metsing had sought Parliament’s intervention in what he called a misuse of power by Thabane and a clear violation of the Constitution.
Metsing wanted Parliament to reverse and nullify the appointments of Police Commissioner Holomo Molibeli and Ralenkoane.
Metsing also queried Ralenkoane’s appointment citing the latter’s unsuccessful run for a parliamentary seat in the 2017 elections when he represented the BNP in the Kolo constituency.
Efforts to speak to Ralenkoane yesterday failed.
Nkheli Liphoto
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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
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.
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