Connect with us

News

Top lawyer sues police

Published

on

MASERU – IN January 2020 the police summoned Advocate Zwelakhe Mda to their headquarters.
Sensing that something was amiss, he asked three lawyers to accompany him to the meeting.
There, Deputy Commissioner of Police (DCP) Paseka Mokete, who was head of the criminal investigation department, explained the purpose of the meeting.

DCP Mokete, a lawyer himself, told Advocate Mda they wanted him to surrender the M21 000 he had received as legal fees from a man who had been arrested and detained.
The reason, DCP Mokete said, was that the money was part of the proceeds of a crime and Advocate Mda should not have received it.
DCP Mokete eventually forced Advocate Mda to withdraw the money from his account and hand it to him. Now Advocate Mda is suing for a refund.
In an application filed in the High Court this week, Advocate Mda says the police had no right to take the money from him. He wants the police to make the refund with 18.5 percent interest.

Other respondents are Police Minister Lepota Sekola, Justice Minister Advocate Lekhetho Rakuoane and the Attorney General.
Advocate Mda, in his affidavit, said the police took him to the Robbery and Car Theft Section (RCTS) near the Mejametalana Military Airbase. He was accompanied by Attorney Thulo Mahlakeng, Advocate Motiea Teele and Advocate Maema.
He said DCP Mokete told him that he would not be released until he surrendered the money.

At the time Advocate Mda was representing one Mahlomola Mokonyane in a habeas corpus case after the police had arrested and detained him.
“They claimed that the wife of the said Mahlomola was in their custody and that the wife had informed them that she used the money obtained by her husband from a robbery to pay professional fees at my chambers for me to prosecute the husband’s habeas corpus application,” Advocate Mda said.
He had been instructed by T Mahlakeng Attorneys to represent Mokonyane.
Advocate Mda told the court that when DCP Mokete called him he had an appointment with his doctors in Bloemfontein.

“I instructed Mr Teele to convey my attitude and my state of health. He did. When he came back he told me together with Mr Mahlakeng and Advocate Maema that the policemen were insisting that they nevertheless wanted the money and that unless I withdrew the money they were detaining me.”
“I was feeling weak on account of my ill-health but I was determined that the said policemen should go ahead and detain me if they were so minded.”
He said Advocate Teele reasoned with him that “it would be folly of me to risk my life to fail to attend a life-saving check-up in Bloemfontein”.

The police then accompanied Advocate Mda and his lawyers to a bank in Maseru West Industrial Area where he withdrew the money.
After that, he said, DCP Mokete went to PC FM Radio and alleged that the money was the proceeds of crime and that Advocate Mda should not have accepted it as fees.
“He further alleged that there was an aspect of money laundering involved in the payment of such fees,” he said.

Staff Reporter

Continue Reading
Advertisement

News

Suspension was malicious, says Nko

Published

on

MASERU – A gunshot wound and an attempted murder charge have not stopped Dr Retšelisitsoe Nko from starting a new fight.

The suspended Lesotho Tourism Development Corporation (LTDC) boss is rolling up his sleeves for what promises to be an epic legal battle to be reinstated.

In an application filed in the High Court this week, Dr Nko argues that the LTDC’s decision to suspend him had a “glaring element of bad faith and malice”.

He says the suspension was procedurally flawed because there was no complainant to instigate it and he was not granted a hearing.

Dr Nko was suspended after he was involved in a shooting incident with guests at an event at a Hillsview guest house on December 27.

He is alleged to have rushed home to take his gun after an argument with some of the guests. Dr Nko and a guest sustained gunshot wounds in the scuffle that ensued.

Reports say the guests were trying to wrestle the gun from Dr Nko when the shots were fired.

The LTDC’s board suspended him two days later, alleging that he had failed to attend an extraordinary meeting called to discuss the incident.

The suspension letter was written by Nonkululeko Zaly who was the chairperson of the LTDC board by virtue of being the principal secretary in the Ministry of Trade.

Zaly, who has since been fired following corruption investigations, also approached the court to force the Directorate on Corruption and Economic Offences to return the assets confiscated during a raid at her house.

Dr Nko, in his court papers, accuses Zaly of usurping the board’s powers to suspend him. He says there was never a board resolution to suspend him.

The extraordinary meeting, he alleges, was a “prearranged dishonest scheme between certain members of the board and social media personnel which were part of the ruse deliberately designed to compromise” his interests.

Dr Nko says the board called him to the 29 December meeting when he was on sick leave and then suspended him without hearing his reasons for failing to attend.

He complains that Zaly wrote his suspension letter on the basis of mere allegations even though she had remained principal secretary and chairperson of the board when the corruption investigations against her were in full swing.

He queries why he was being suspended when Zaly was allowed to hold on to her job.

Zaly appears to have been belligerent when Dr Nko’s lawyers contacted her to query the suspension.

She told the lawyers, in a letter, that their queries were based on misinformation. She also dismissed the lawyer’s request for a record of the board meeting that decided to suspend Dr Nko.

“We are therefore not going to honour any of your demands and if your client is not satisfied, he is free to approach any appropriate forums to pursue these baseless issues,” Zaly said in her letter.

The lawyers say that response shows that Zaly was hell-bent on suspending their client.

Dr Nko wants the High Court to order the LTDC board to reverse the suspension, stop his imminent disciplinary proceedings and release the records of its December 29 meeting.

He also says the board is already conducting investigations on the incident to use as evidence against him in the disciplinary hearing.

Staff Reporter

Continue Reading

News

thepost columnist wins award

Published

on

Maseru – Two scholars associated with the National University of Lesotho have been awarded the 2022 Thomas Pringle prize for the best literary article published the previous year.

Chris Dunton, who is a columnist for thepost, and Lerato Masiea have won the prize, which is awarded by the English Academy of Southern Africa, for their article “Between rocks and hard places: the controversial career of A.S. Mopeli-Paulus,” which was published by thepost.

Dunton was previously Professor and Dean of Humanities at the NUL and for some years cwrote a column for this newspaper titled “Left Side Story.” Masiea is a lecturer in the NUL’s Department of English and is currently pursuing his doctorate at the University of the Free State.

Their prize-winning article was published in the journal English in Africa (vol.48 no.3, 2021, pp47-64). In it the authors explore the writings and life of the South African Mosotho author Mopeli-Paulus.

As their title indicates, their subject was a controversial figure, who degenerated from being an opponent of the apartheid regime (he was, notably, one of the leaders of the Witzieshoek Cattle Rebellion, for which role he was incarcerated in the Pretoria Central Prison) to being a high-ranking accomplice in the Bantustan system.

He was a prolific writer in both English and Sesotho (at one point he referred to the compulsive desire to write as a kind of madness!), his best-known works being the poetry-collection Ho tsamaea ke he bona (from time to time a set-text in Lesotho schools), the novel Blanket Boy’s Moon and the autobiography The World and the Cattle.

Dunton and Masiea’s article covers all his writing, published and unpublished (his papers are freely accessible at the William Cullen Library, Wits University) and is especially concerned with the question of cross-border identity.

Mopeli-Paulus was born in Monontsa, South Africa, in the lost territories—much in the news recently—and remained a South African citizen all his life. The dust-jacket for his first novel, Blanket

Boy’s Moon — which was an international best-seller — carries his name with the tag “Chieftain of Basutoland”, but this was a mistake.

Nonetheless, Mopeli-Paulus identified very strongly with Lesotho and has much to say — some of it fanciful, even spurious — on concepts of Sotho identity.

Dunton and Masiea explore this issue in detail, as it remains a topic of crucial importance even today.

Staff Reporter

Continue Reading

News

Matekane to boot out PS

Published

on

MASERU – THE Sam Matekane government is getting ready to get rid of Principal Secretaries appointed by the previous administration.

First to be axed is Nonkululeko Zaly who Matekane fired as a PS for the Ministry of Trade on January 11.

Zaly, who is challenging the decision, suffered a blow yesterday when the High Court refused to hear her case on an urgent basis.

Her case will now have to join the long queue of hundreds of others pending in the High Court.

Lefu Manyokole has been replaced as the PS of the local government ministry.

The axe is also likely to fall on government secretary, Lerotholi Pheko, and Foreign Affairs principal secretary Thabo Motoko.

The four have been the subject of a graft investigation by the Directorate on Corruption and Economic Offences (DCEO).

Their homes and offices have been raided and properties seized as the anti-corruption unit investigates allegations that they received millions in bribes from contractors. The four are likely to be the first to be shown the door.

Indications are however that Matekane could be readying to purge the government of principal secretaries inherited from the previous government. Matekane hints at that impending clean up in his dismissal letter to Zaly.

“You will agree with me that as a Principal Secretary, yours was a political appointment,” Matekane said in the letter that Zaly claimed not to have received in her court papers.

“It follows therefore that the working relationship between yourself and the person appointing you, the Prime Minister in this case, is mainly based on utmost trust and confidence.”

“The trust and confidence components become even more important under the obtaining circumstances where the new government, of which I am the head, has just been installed.”

Matekane told Zaly that his government came with new ideas and policies at the top of which is to fight corruption.

He said he was aware that the DCEO had seized certain documents in Zaly’s possession “evidencing a commission of crime and that you failed to give a satisfactory explanation for your possession of those documents”.

“This has eroded all the trust and confidence I had in you as the Principal Secretary and there is no way I can continue with you at the helm of any government ministry,” Matekane said.

Highly placed sources in the government have told thepost that Zaly’s exit is just the beginning of a shake-up that will continue for the next three months as Matekane seeks to bring in new people he trusts and share his vision with.

Meanwhile, Moahloli Mphaka, the government’s special adviser in the Lesotho Highlands Water Commission this week told the High Court that there is a plan to fire him and two other senior officials.

Mphaka made the allegations in an urgent application to force the commission to pay his salary and that of Thabang Thite, and Bahlakoana Manyanye who are also part of the lawsuit. Thite and Manyanye are assistant advisers in the commission.

Mphaka told the court in an affidavit that on December 22 last year, the Natural Resources Minister Mohlomi Moleko told them that his superiors had instructed him to terminate their contracts.

The reason, Mphaka said, is the fact that they are the All Basotho Convention (ABC) members hired by former Prime Minister Thomas Thabane. He said the government’s delay to pay their December salary was meant to frustrate them into resigning.

Nkheli Liphoto

Continue Reading
Advertisement
Advertisement

Trending