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The triumph of hope

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MASERU-WHEN Lesotho’s borders were tightly shut on March 31 to keep out the Covid-19 pandemic, ’Marethabile Sekhiba immediately knew that her tourism business was in trouble.

Yet even before the lockdown, this was a business that was already in distress.
Out of 26 workers, she had just retrenched 15, leaving a core team of just 11.
The lockdown, which was announced by then Prime Minister Thomas Thabane, set in motion what has been an extremely traumatic period for business and especially the local tourism sector.

This was at a time when there were real fears that the virus would easily overwhelm Lesotho’s weak health system while sending thousands of workers packing as companies buckled under pressure.
Those fears were soon realised as companies began to lay off staff in a desperate attempt to stay afloat.

Sekhiba’s business was not spared.
Now six months down the line, the jobs carnage has continued unabated.
The tourism sector has been among the hardest hit.
With all its borders closed, Lesotho has not had a single foreign tourist visiting the country since April.

The Moshoeshoe I International Airport has not had any significant air traffic, save for instance, the odd plane bringing in a special team of Chinese medical doctors to fight Covid-19.
Six months later, the airport remains eerily quiet.
On Tuesday this week, thepost visited the airport and found it virtually deserted.

“I thought this (lockdown) was going to be a short-term thing and within three months we would be done,” she says.
“I knew business would not be the same but I never thought things would be this bad.”
But even after she retrenched staff, more than half of her staff complement, the pressure never relented.

“I didn’t know what I should do but at the same time I felt we could not retrench more. The team we had left was the team that was to take us through and help us get back on our feet.”
The decision to lay off staff was the hardest, Sekhiba says.
That was because she knew that for every Mosotho she employed, that person was probably supporting at least five other individuals.

And by retrenching the workers, one would literally be “taking bread away from their mouth” – a reference to a rich Sesotho idiom that vividly captures the brutal nature of the retrenchments.
“That kept me wide awake at night,” she says.
“I felt so bad when I had to tell them that I was sending them home. It was very stressful.”

“But I realised that I had to do it, otherwise the whole ship would sink. I quickly learnt that business presents you with tough decisions and this was probably one of the toughest.”
With no tourists coming in, Sekhiba says they had to quickly think off their feet to survive.
At least 45 percent of her business clients were visitors coming mainly from South Africa.

However, when her Scenery Guest House in Maseru East was picked as one of the quarantine centres in Maseru, she thought all the cards were finally falling into place.
But that too came with its own challenges.
Her staff feared they would be infected with Covid-19, a virtual death sentence for a disease without any known cure.

By accepting to take in Covid-19 suspects, they were entering virgin territory with its own latent dangers.
To calm their nerves, Sekhiba quickly brought in a medical expert to train them on how to handle Covid-19 suspects who had been quarantined.
But six months after she began offering the service, Sekhiba says she is still waiting for the government to pay her.

The delays in payments are now threatening to sink her business.
That is true for other players in the tourism sector as well, she says.
All she wants for now is for the government to cough up.
That is all I want, she says.
Sekhiba is currently serving as the chairperson of the Lesotho Hotels and Hospitality Association, a powerful lobby group that promotes the interests of players in the tourism sector.

She says there is an urgent need to embark on an aggressive campaign to market the country as a destination of choice for tourists.
She wants to see Lesotho having a “strong presence” at international trade shows.

Botswana and South Africa do it so well in marketing their countries as tourism destinations and Sekhiba says now is the time we learn a few tricks from these countries to market Lesotho.
The current efforts to market Lesotho have remained largely ineffectual because “we have allowed politics to separate us as a people”.
“Instead of focusing on the most important things, we have allowed ourselves to focus on issues that divide us. It is always a question of who do we bring down?”

That has been true even in the tourism sector, she says.
“We are bringing ourselves down; that is killing us as a country.”
Even though Rwanda’s President Paul Kagame is a ruthless dictator he gets things done, she says.
And from the ashes of a genocide that saw a million Tutsis massacred in 1994, Kagame has rebuilt Rwanda into a “tourism Mecca”.
“We need to build and instill in our people the love of the country first; that will help us move forward.”

Instead of focusing on progress in building our country, Basotho have squandered a lot of time squabbling about politics, she says.
“When are we going to wake up?”
“As long as we have these current political squabbles, it is going to be extremely difficult to move forward as a country.”

Growing up in the late 70s in Maseru, Sekhiba says she always knew that she would end up in business.
“At first I did not know what business I would go into but all I knew was that I wanted to be in business,” she says.
She says her late father, Stephen Manare, a qualified accountant, was the driving force behind her decision to enter into business.

“He always emphasised the importance of education; his family was poor and for him his position was that he did not want to live in poverty just like his parents. He wanted a better life.”
“Since my father was an accountant, he didn’t want me to be an accountant. He wanted me to go a step higher and become a medical doctor,” she says.
“She wanted me to be better than him and he felt that being a doctor would be a step higher,” she says.

However, things did not turn out that way.
In 1992, Sekhiba was to enroll at the Centre for Accounting Studies (CAS) for a course in Chartered Accountancy.
She later enrolled in a Master’s programme in Accountancy in Ireland.
She taught briefly at the Centre for Accountancy before she was seconded to the Irish Embassy in Maseru.

“It was while I was at the embassy that I realised that there were lots of tourists who were coming into Lesotho but were staying in Ladybrand with some sleeping as far as Bloemfontein.
“That immediately stirred up something that was sleeping within me – that this was a gap I could probably fill,” she says.

After some serious research Sekhiba realised there were not enough accommodation facilities in Lesotho and that even for those that were available, the quality was not up to scratch.
That was the “Damascan moment” when her eyes were opened and she took a deliberate step to plunge into the tourism sector in partnership with her husband, Mohau Sekhiba.

That was in 2006.
Although she agreed with her father on so many other issues, her decision to leave formal employment to start a business rattled him as he strongly opposed the decision.
He always believed it was safer to keep a job where you are employed rather than run your own.

It was only some few years later when her father came to the realisation that her daughter was right.
“In 2011, I finally ventured into business full-time and have never looked back. Employment teaches you discipline but business is very different – it keeps you humble.”

There were moments when she wanted to give up, but she persevered.
“Not knowing where the money to pay salaries was going to come from was the worst feeling; you have sleepless nights but you must be ready to face all these challenges that come your way,” she says.

“Sometimes you feel like giving up but then comes a point where you realise such moments were there to build you, to build your character. You realise that after winter, comes spring.”
Sekhiba says she was very excited when the Lesotho government passed the Married Persons Equality Act that allowed women to own businesses.
Previously, women in Lesotho could not buy land or own a business as they were considered legal minors.

“We were considered minors and one could start a business but could not own it. Your spouse could just wake up one day and decide to sell the business without your knowledge,” she says.
“Even when you applied for a loan, your husband had to approve it. The law brought so much insecurity to women.”

Abel Chapatarongo

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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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