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Two file case to block prosecution

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MASERU – TWO of the five suspects accused of receiving bribes from people who wanted the government to hire their vehicles have filed a Constitutional case to block their prosecution.
Teboho Tlokosi and Tumo Ramonaheng, who are said to have been the ringleaders of the syndicate, want their prosecution in the Magistrate’s court stopped and their remand suspended until the constitutional court finalises their case.

They also want the court to declare the Director of Public Prosecutions’ decision to charge them to be set aside on “grounds of being irrational and or unlawful”.
They were charged together with former minister Likeleli Tampane (MP), principal secretary of Finance Motena Ts’olo and Mafusi Mosamo, a senior finance official.
The duo argues that it was illegal for the Public Accounts Committee (PAC) and its chairman Selibe Mochoboroane to summon the Director of Public Prosecutions (DPP) and the Directorate on Corruption and Economic Offices (DCEO) to give evidence on the investigation into their alleged crimes before they were charged.

They argue that the PAC has no authority to “interrogate and or probe issues that have to do with criminal investigations” of the DECO or “interfere” with the powers of the DPP.
They say Thabiso Thibeli, the suspended chief investigator of the DCEO who investigated their case, should not have testified before the committee because he has a pending case against the DCEO and is not allowed to reveal details of his investigation to anyone.

The five were charged with corruption after the PAC summoned the DCEO and the DPP to explain why their case was not in court despite investigations being completed.
This was after Thibeli had alleged, before the same committee, that DCEO boss Mahlomola Manyokole suspended him to frustrate the case.
Thibeli alleged that Manyokole was trying to protect some of the suspects who are his friends.
Manyokole denied the allegations and said the DPP had taken the docket to review the case.

The DPP however told the committee that it had returned the docket to the DCEO with a directive to proceed with the trial.
It is those testimonies before the committee that form the crux of Tlokosi’s and Ramonaheng’s constitutional case.
In his affidavit Tlokosi argues that the PAC overstepped its mandate by summoning the DPP and DCEO.

He says the testimonies of the two organisations about their case were a subject of sensational media coverage.
“There is clearly no guarantee that my criminal trial will be conducted freely and fairly in circumstances where the functionaries responsible for investigation of criminal offences and one who operates as a prosecuting authority are hauled before parliament to explain themselves why I may not be prosecuted and a few days later I appear before court and duly prosecuted by the agents of the Directorate on Corruption and Economic Office,” Tlokosi says.

“I have been subjected to the court of public opinion by the relevant committee and I have been advised that the relevant committee acted illegally by seeking information from a suspended official of Directorate on Corruption and Economic Office who divulged confidential and privileged information pertaining to the investigations which have to do with my alleged criminal conduct.”

“I aver that this was utterly wrong and legally reprehensible and for this reason the relevant official ought to be disciplined. He is effectively in breach of his oath of office and the very fact that he was on suspension served as a legal impediment for him to discuss the modalities and inner workings of the delicate institution.”
Tlokosi argues that the role of the PAC is restricted to accounts and financials of government institutions.
Mochoboroane, he says, does not have the power to summon or instruct the DCEO to investigate anyone and the DPP to charge suspects.

Staff Reporter

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Police hunt former minister

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THE police have launched a hunt for former police minister, Lepota Sekola, who is suspected of involvement in stock theft.
Police want to arrest Sekola in connection with two cattle carcasses that were found at his grandfather’s funeral in Borokhoaneng three weeks ago.

During the initial interview, Sekola had insisted that the cows belonged to his late grandfather who had kept them in South Africa for better pastures.

The police didn’t arrest him at that time because investigations were still in the early stages. Further investigations have however led the police to believe that the animals were stolen from South Africa.

But when they were ready for the arrest, Sekola could not be found at his home or on his phone.

Police say Sekola will be charged with unlawful possession and illegal importation of two cows from South Africa.

The National Stock Theft Coordinator, Senior Superintendent Mapesela Klaass, told thepost last night that they “have completed investigations but he (Sekola) is nowhere to be seen”.

“We cannot get him on his mobile phones,” S/Supt Klaass said, adding that the police have been “visiting his home but he is not there”.

“His family members are aware that we are looking for him,” he said.

S/Supt Klaass said they are continuing with their search and as soon as they find him, they are going to drag him to the courts.

He said the police suspect the cows were brought from South Africa to be slaughtered for Sekola’s grandfather’s funeral.

Police sources told thepost that one of the cows had new branding while another had nothing. Both had holes on the ears that signalled that they used to have ear tags.

Majara Molupe

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Magistrate saves WILSA boss

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A Maseru magistrate, Nthabiseng Moopisa, this week stayed the criminal prosecution of Advocate ’Mamosa Mohlabula who is accused of tax evasion, money laundering and corruption.

In her application Advocate Mohlabula, who is the director of Women and Law in Southern Africa (WILSA), said the Director of Public Prosecution (DPP) should not charge her pending finalisation of her tax evasion case.

Advocate Mohlabula is out on bail after she was formally charged with tax evasion in July last year.

She told Magistrate Moopisa that the DPP, Advocate Hlalefang Motinyane, was wrong to have agreed with the Director General of the Directorate on Corruption and Economic Offences (DCEO) to bring charges against her.

“In my viewpoint, the DCEO cannot be heard to charge me in relation to matters already seized with this Honourable Court,” she said in an affidavit.

She also said there is a pending civil case in the High Court in which the DCEO’s abuse of power is referenced, saying the precise way the case is handled will depend “on the way an alleged offence comes to the light”.

“Before that pending case is finalised, DCEO has no jurisdiction to detail me to court over isolated phenomenon of tax evasion and or over grievances of former employees of WILSA,” she said.
Advocate Mohlabula was charged together with the WILSA’s chief accounting officer.

She argued that it was WILSA that was being investigated, not individuals, further saying that was “a significant safeguard that the DCEO was impartial from an objective viewpoint”.

“To exclude any legitimate doubt in this respect the DCEO returned the items it seized from WILSA,” she said.

“This was a realistic and practical step towards administering justice and to avoid premature embarrassment to the management of WILSA.”

She said the Board of Trustees of WILSA were sent briefing notes which in certain respects reflected that the DCEO returned the properties of WILSA without warning them that they were suspects.

“In any event, we proceeded to fashion our arguments before the High Court. There was, and could be, no evidence to back up the decision of the DCEO to apply for the search warrant,” she said.

Advocate Mohlabula said before they took the matter to the High Court, she cooperated with the DCEO and it conducted an inquiry into the alleged crimes.

“Now that the matter is pending before the High Court, there is no more reason for the DCEO to remand me before the pending cases are finalised,” she said.

Staff Reporter

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Mphaka barred from ABC deputy’s race

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THE All Basotho Convention (ABC) has barred former Government Secretary Moahloli Mphaka and three others from contesting for the deputy leader’s position at an elective conference set for this week.
The three are Kefeletsoe Mojela, Katleho Molelle, and Lekhetho Mosito.

Mosito was an MP who was appointed Defence Minister for a day and removed the following day during Dr Moeketsi Majoro’s premiership.
The elective conference is set to be held at the Leqele High School hall this weekend.

A circular from the ABC said the three did not qualify to enter the race because they had not held any positions in the party’s committees.

The decision to bar the three is reminiscent of the same tactics that saw former leader Thomas Thabane block Professor Nqosa Mahao from contesting for the party’s deputy leader’s position.
Professor Mahao subsequently walked away and formed the Basotho Action Party (BAP).

A weakened ABC has never recovered from that split.

Mphaka and his colleagues were vying for the deputy leader’s position until they were stopped in their tracks by the circular which was issued out on Monday this week.
Dr Pinkie Manamolela is the current deputy leader.

She was plucked from the women’s league to replace Dr Majoro who had resigned from the national executive committee after losing the leadership race to Nkaku Kabi in 2022.

There is a high chance that the four could drag the ABC to court to assert their right to contest. The legal wrangles will likely destabilise the party that is still smarting from a thorough thrashing in general elections held in October 2022.

Mphaka this week told thepost that he will challenge the decision to block him in the courts of law.
“They are crazy people,” Mphaka said.

“I will not allow this to happen,” he said.

“I have already instructed my lawyers to launch an urgent application in the High Court to challenge the decision before Friday this week.”

He complained that it was not clear why the party had decided to kick him out of the race after he spent a lot of time and resources campaigning.

Mphaka said the national executive committee “usually allows members to contest for positions without considering whether they were ever in the constituency committees or not”.

The contenders in the race are former Water Minister Samonyane Ntsekele, ex-Police MP Lehlohonolo Moramotse, former Minister in the Prime Minister’s Office Leshoboro Mohlajoa, and Maseru Star Taxi Association member Sekhonyana Mosenene.

A member of the national executive committee told thepost that “many of us support Mphaka and Kefeletsoe at all costs”.

“We were dismayed when we saw the circular removing the duo from the race,” he said.

He said many ABC members were rallying behind Mphaka because “he has been campaigning even before everyone could start”.

“They know he has lots of followers.”

He said it is unfair that Mosenene has been allowed to run but he has never held any position in any constituency except that he represented his taxi association in the ABC national executive committee.
“Why has he been allowed to contest yet he is just like Mphaka and Kefeletsoe?”

He complained that Sekhonyana, while representing taxi operators in the committee, was eventually made the deputy party spokesman despite not being in any constituency committee after ’Matebatso Doti resigned from the position.

“Mphaka was chosen by the party to lead the 2022 elections campaign teams and develop a party manifesto,” he said.

“He was allowed to do all that without being involved in any party structures.”

The party’s spokesman Montoeli Masoetsa declined to comment.

Dr Manamolela told thepost that “the decision was not made by the party’s national executive committee”.

“I do not want to talk much …but it is not true that the party’s NEC decided to remove Mphaka and Kefeletsoe”.

Kabi could not be reached for comment.

Nkheli Liphoto

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