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Yearning for Lesotho’s golden past



MASERU – A crisis of expectations. This is what the coalition government headed by Prime Minister Thomas Thabane is battling to contain after a stormy 11 months in power. This is a government that was swept into power on the back of electoral promises to create jobs and fight endemic poverty. The coalition government is now facing a reality check, says Tšepo Monethi, who is the Deputy President of the Senate and deputy secretary general of the Basotho National Party (BNP).

“Expectations were very high,” says Monethi. “The people were expecting immediate changes. They voted for change and if the change is slow then it is natural that people get disappointed.” Monethi however believes the coalition government, to which his BNP is a junior partner, is committed to fighting poverty and corruption to ensure better lives for Basotho.

“We really mean business when we say we want to eradicate poverty and fight corruption,” he says.
Monethi says the key to fighting poverty lies in undertaking massive infrastructural projects around the country.
He wants to see big infrastructural projects which he says could unlock jobs for the unemployed.

“We want to build access roads around the country and ensure there is political stability in Lesotho,” he says.
That is a huge call for a government that is going through financial turbulence due to falling Southern African Customs Union (SACU) revenues.
This is a country that has failed to feed itself for years and has relied on handouts from international relief agencies.
But Monethi says this decline can be reversed.

He appears to be banking on the “golden past” when his beloved BNP was still in charge in the 1970s and early 1980s.
Monethi remembers with fondness that golden era when Chief Leabua Jonathan was Prime Minister before he was sent packing through a bloodless military coup in January 1986.

“Our history as a government (back in the 1970s and early 1980s) speaks for itself,” he says. “Years before South Africa introduced the RDP houses, we were the first to introduce small-scale houses for low earners in Mohalalitoe.”
Monethi says South Africa implemented what Chief Leabua Jonathan did some 40 years earlier, a feat that shows the former BNP leader was a great visionary.

“The people are falling in love with the BNP again and they know we can still deliver if we are given a chance again,” he says.
He argues there is nothing wrong in trying to replicate successful programmes of the past such as housing projects.
“If we are given a chance (to rule) we can replicate that past. The needs of the poor remain the same. They want houses, roads, clean water, security, good health and good education.”

Monethi says over the last few weeks, there has been a surge in interest from Basotho to join the party, thanks to the power of incumbency.
He says being part of the coalition government “helps a lot” as they are able to push their own agenda towards the growth of the party.
Monethi says the BNP is a “tried and tested party” that remains relevant in the stormy waters of Lesotho politics.

Of the major parties that were there at independence in 1966, only the Basotho Congress Party (BCP) and the MFP are still operating but they are now a “mere shadow of their former selves”. He attributes the party’s staying power to its solid “pro-poor” policies.
He says the BNP government developed the agriculture sector by subsidizing the growing of crops and as a result the people fell in love with the party.
Monethi was elected deputy president of the Senate after last snap year’s elections which saw no single political party win an outright majority.

His BNP party, the All Basotho Convention, the Reformed Congress of Lesotho (RCL) and the Alliance of Democrats (AD) then cobbled a coalition government with Thabane as Prime Minister. He says charges that the Senate is a “toothless bulldog” are often peddled by people who have no appreciation of how a democratic society operates.

“If you are serious about having the rule of law and executing proper Bills in a democratic dispensation, then you need checks and balances and the Senate plays that role,” he says while defending the need for a Senate. He also argues that the majority of Senators are seen as individuals who are not pushing a clear political agenda.

Lesotho’s Senate consists of 22 Principal Chiefs and 11 others who are appointed by His Majesty on the advice of the Prime Minister.
“The Lower House is a house of politicians who are basically pushing the agenda of the government of the day while chiefs are non-partisan and represent the nation holistically,” he says. Monethi, who says he fell in love with politics through his interactions with his grandfather who was a staunch BNP cadre, blames politicians for Lesotho’s current political crises.

He says politicians are often in the habit of abusing the army for their own nefarious agendas.
“They want to use the army to instill fear in opponents,” he says. “That has been going on for years.”
The result has been decades of political strife in Lesotho, he argues.

To fix this problem, Monethi wants to see “serious reforms and transformation within the military establishment”.
“The army should be depoliticised,” he says. “The politicians must stay away from the barracks and we must bring back the Defence Commission to handle all issues of promotions within the army.”

The day-to-day running of the army must be left to the military, he says.
“We might have good laws but if we don’t have a positive attitude towards stability and peace we will never achieve that.”
He however believes there is a genuine commitment across the political divide “to commit ourselves to long-lasting peace and stability” for once.
He says even if one of the 30 political parties in Lesotho is wobbling due to internal strife, the reforms must be allowed to proceed.

Monethi says he would like to see His Majesty King Letsie III, who seems to be the glue that unifies Basotho, being “given more constitutional powers to mediate, lead and give direction on key national issues”.
At present King Letsie III is the titular head of government but retains very little authority on how Basotho are governed with the rest of the power concentrated in the hands of the executive.
He says the current Constitution strips the King of any genuine authority to meaningfully participate in the governance of the country, a situation he says must be changed.

Monethi says he is also hostile to any talk of a general amnesty for individuals who were accused of perpetrating human rights violations in the recent past. He wants to see justice for the wronged. “When you forgive you must know what that person did to you because if you don’t really interrogate the past, it will come back and haunt you.” He also wants a clear distinction between those who perpetrated criminal acts allegedly on behalf of the State and those who were involved in wrongdoing on the basis of a political cause.

“Those who committed criminal activities must be prosecuted and those who committed wrongs for political reasons must pour out their hearts and tell us what they did so that there is closure.” Monethi says he grew up “hearing a lot about politics”.
He would spend his school holidays in the village in Mapoteng, rearing cattle and going to the fields to plough and harvest.
“None of the people in the village would handle you with kid gloves. If it was time to wake up, you just had to wake up.”
He says it is only now that he appreciates the value of such tough training in his life.

Monethi’s breakthrough into national politics only came in 2003 when he was appointed the national secretary for youths in the BNP.
“I thought it was important to start having a bigger say in the decision-making processes of my political party. But going into the youth league was just a stepping stone to bigger things in the national politics.”

Monethi became the chairperson of the BNP Youth League in 2007 and became a Member of Parliament (MP) in 2012 under the Proportional Representation (PR) system. In 2016, Monethi was appointed the BNP deputy secretary general.
He was elected deputy president of the Senate last year. He is married to ’Mahlalele Monethi and the two have two children.

Staff Reporter



City Council bosses up for fraud



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



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



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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