MASERU – The first witness in a case of fraud against a former employee of the First National Bank (FNB) and two other co-accused, says he found lots of bundles of money scattered in his son’s bedroom.
Sekhonyana Ntlhabo of Lecoop Khubetsoana said this on Tuesday at the High Court during the commencement of the case that took place in 2008.
Ntlhabo, who is an accomplice witness as he was initially charged together with the other accused but had charges against him dropped, told the court that it was on a Sunday afternoon when he found scattered bundles of money each tagged M20,000 and stamped with an FNB official stamp besides and under his son’s (Monaheng) bed.
He explained that he had initially received a call from his son to come and collect his clothes at one Masina’s place still at Khubetsoana.
He indicated that on arriving at that place, he met with his son who took out from a white Toyota Corolla sedan a large red travelling bag and put it in the rear seat of his car.
Ntlhabo also told the court that Monaheng briefly told him that the bag contained money and that he should take it home.
He then left the place in a vehicle that was driven and occupied by some of the accused persons in the matter.
While driving past Ngoana-oa-lla graveyard still in Khubetsoana, Ntlhabo told the court, his son called him again and said there was some money under his bed at home and asked him to put it together with the one he had just collected and hide it in a place only known to himself.
Monaheng then immediately shut down his phone, Ntlhabo also told the court, adding he was confused as to what was happening.
Ntlhabo further indicated that upon arrival at home, he went straight to his son’s room and found a lot of money scattered near his bed and some under it.
He immediately put the money together and hid it inside a washing machine, the court heard.
It is also Ntlhabo’s testimony that while still confused at home, his daughter Nthabiseng arrived and told him that Monaheng had called her and asked him to release to one Monki a sum of M25,000 from the money and a Central Processing Unit (CPU) he had hiden in his wardrobe.
According to the charge, Lehlohonolo Tsikinyane a former employee of FNB from Thaba Bosiu, Lehlohonolo ‘Mote of Upper Thamae and Lisema Ramokhoabane of Ha Seoli are charged with fraud involving over M4 million belonging to FNB.
The accused were initially six but the court withdrew charges against two of them, while another accused has since passed on.
The accused were in 2008 released on bail deposit of M1,000 each on condition that each finds surety of an independent Mosotho citizen who will pay a sum of M50,000 and that they surrender their passports to the clerk of the court.
Other conditions were that they should report fortnightly at the Mabote CID and not tamper with police investigations. They were also instructed not to leave Maseru district without Mabote police’s knowledge.
The case continues before Justice Ts’eliso Monaphathi.
Motiea Teele KC and Haee Phoofolo KC represent the accused.

NAT MOLOMO

MASERU – A member of the Lesotho Defence Force (LDF), Corporal Leshota Chele, has challenged his arrest by the army pending the finalisation of a commission of inquiry into an alleged munity by some members of the security organ.
The commission of inquiry has been established by the Government of Lesotho pursuant to section 3 (1) of the Public Inquiries Act 1994.
In his court papers filed by his lawyer Advocate Chris Lephuthing, Chele notes he was arrested and detained at the maximum security prison by members the LDF on July 7, under close arrest in the absence of exceptional circumstances and facts which legalise such an arrest.
Lephuthing contends his client is in an unenviable position by remaining under close arrest without due process of the law.
He submits his fundamental rights to a fair trial will be violated if the detention is allowed to continue pending the investigations of the commission envisaged in the Government gazette of July 28.
The respondents in the application are army commander, defence minister, director of military intelligence, minister of justice and the attorney general.
Chele is, among others, seeking a court order declaring his arrest and detention by the army as unlawful and a violation of his rights to liberty.
He also wants an order suspending and staying the directive in terms of Regulation 11 (2) of the Defence (Discipline) Regulations No.29 of 1998 until the court has finalised his application.
Chele says he was arrested by one Captain Hashatsi on July 2 and detained without any charges proffered against him.
“I was only charged on July 6 together with other detainees already imprisoned at the Maximum Prison,” he states.
Prior to his arrest, Chele notes, the minister of defence or the government had already issued an official statement that the “late Lieutenant-General Maaparankoe Mahao would be the last suspect to be arrested in relation to the alleged mutiny – before the extra-ordinary double troika summit in Pretoria, South Africa.”
He says government is bound by its official statement in its context and with regard to the background circumstances under which it was made to the citizens of the kingdom.
Chele further shows that the government undertook not to proceed with the arrest and detentions of members the army pending equitable measures designed to avoid irreparable harm so that the rule of law may take its course by way of the orderly determination of issues through the independent SADC commission of inquiry.

PASCALINAH KABI

MASERU – The Independent Electoral Commission (IEC) says it is working on its first gender policy draft as part of efforts to close gender gaps and enable equal participation of both men and women in electoral processes.
The initiative is being supported and facilitated by the International Institute for Democracy and Electoral Assistance (International IDEA).
Although Lesotho has moved swiftly to close gender gaps in educational attainment and ranks high in the world, there has been a significant decline in the participation of women in politics.
According to the 2014 World Economic Forum’s Global Gender Gap Report, which ranked Lesotho number 57 on political empowerment, there has seen a significant drop in the overall score and ranking compared to 2013.
Out the 23 parties registered with the Independent Electoral Commission (IEC), the Reformed Congress for Lesotho is the only party led by a woman – Keketso Rantśo.
Following the February 28 general elections, there are 27 women out of 120 members in the National Assembly, down from 33 in 2012.
Of the 80 constituencies in the country, only nine (11 percent) of the electorate elected women against 71 constituencies (89 percent) that voted for males.
Out of the 35 cabinet posts, including the prime minister and the deputy prime minister, only eight (23 percent) are occupied by women, down from 28 percent in 2012.
Speaking at a two-day roundtable meeting in Maseru on Wednesday, IEC Commissioner Advocate Mamosebi Pholo said the conference was intended to provide electoral management bodies (EMB) with tools and support they needed to ensure legitimacy of electoral processes.
She said legitimate processes must be responsible for including equal political participation of both men and women in electoral processes.
“The fundamental role of the IEC is, among other things, to promote and preserve the ability of all eligible citizens to effectively and equally participate in the electoral processes,” Pholo said, adding that this entails adherence to democratic principles of universal suffrage, political equality and inclusive participation throughout the electoral cycle.
She cautioned this cannot be achieved unless the IEC is conversant with gender equality principles and concepts.
She further stressed that it was important to understand that there can be no credible elections without participation of eligible citizens from all walks of life – men, women, youth, elderly, the disabled, rural and urban dwellers.
Pholo was, however, quick to mention this could only be achieved through a strategic guide, something Lesotho lacks at the moment.
“The IEC is committed to having a gender policy that will guide it to producing credible elections at all times. There is, therefore, a need to have a strategic guide and this can be nothing other than the IEC Gender Policy,” Pholo said.
She warned participants that the drafting of such a policy must be in conformity with already existing constitutional and legal frameworks that include the Lesotho Constitution 1993 as amended, National Assembly Electoral Act 2011, Local Government Election Act 2005 and Legal Capacity of Married Persons 2006.
The National Gender Policy of 2003, (under rigorous revision), Youth Policy 2003 and Women and Girls Protection Policy of 1998 must also be taken into consideration when drafting the gender policy.
Pholo indicated that lack of mechanisms to measure progress made in achieving gender equality is an indication that a clear understanding of gender and gender concepts is still lacking.
“Although Lesotho is said to be one of the top 10 African countries that have surpassed the expectation of the Millennium Development Goal 3 – which is ‘Promoting gender equality and empowering women’ – this leaves much to be desired.
“It is in my personal feeling that the assessment made to arrive at this conclusion was quantitative rather than qualitative or selective,” she reasoned.
Speaking to Public Eye alongside the meeting, International IDEA Senior Programme Officer Kgothatso Semela-Serote said there was an urgent need to understand the difference between women empowerment and gender mainstreaming before drafting the gender policy.
“Based on our global experience, the Lesotho IEC approached us for help in terms of support and facilitation as it is essential for electoral management bodies to have institutionalised gender policies,” Semela-Serote said.
She explained although there are few EMB with gender policies, it is important for such institutions to have them as this promotes equal participation of both men and women, internally and externally.
Semela-Serote highlighted as International IDEA they were expecting the IEC to come up with its own policy that is best suited for the country’s needs, norms and culture.
“There is no blueprint for this. We are here to support and facilitate this important milestone which will go a long way in putting peer pressure on other institutions in Lesotho to follow in IEC’s steps,” she said, adding introducing institutionalised gender policy would help close gender gaps in economic and political participation.
The IEC, by having a gender policy, would encourage ordinary Basotho women to want to participate in electoral processes knowing that their interests are taken into consideration by the IEC, Semela-Serote indicated.
Asked what they would like to see included in the IEC gender policy, Semela-Serote said the most important inclusion would be access facilitation, which will enable women to participate and share ideas in any policy reform.
“Most policies are still gender-blind and this has been taken for granted for a very long time. The IEC policy must also drive to have clear benchmarks with set targets and measuring tools.
“There must also be a clear indication of what has been achieved as this will help the IEC to prioritise on its needs,” she said.
Meanwhile, the Ministry of Gender and Youth, Sports and Recreation’s Advocate Mohau Tśilo said there was need for Lesotho to go deeper and investigate issues that may impact on the ability of men and women to equally participate in national issues.
“It is not correct to say the laws of Lesotho don’t discriminate against anyone from fully participating while that same law has not taken deliberate efforts for men and women to have equal participation,” Tśilo observed.
He said the IEC’s gender policy must see to it that it influences individual political parties to see the need to nominate more women into positions of power.

NAT MOLOMO

MASERU – The office of the Director of Public Prosecutions (DPP) is still pursuing the extradition of four Basotho fugitives who fled to South Africa to avoid standing trial.
One of the four escapees yet to be send back home after his extradition hearing has been completed is former Lesotho’s representative on the Joint bilateral Commission between Lesotho and South Africa on the Lesotho Highlands Water Project (LHWP), Reatile Thabo Mochebelele.
Mochebelele was originally charged and convicted along with Letlafuoa Molapo, for accepting a bribe from a German company, Lahmeyer International Gmb.
The crimes are alleged to have occurred between January 14, 1988 and December 31, 2003.
Mochebelele fled the country before sentencing while his co-accused, Molapo is still serving his jail term.
The second fugitive, Lehlohonolo Scott, is charged with two suspected ritual murders of Moholobela Seetsa, 13, and Kamohelo Mohata, 22 in July and January 2012, respectively.
Scott mysteriously escaped from prison in Maseru before he was later re-arrested in South Africa. He is also currently fighting his extradition to Lesotho.
The third is Lephuthela Habofanoe Ntsie, who escaped from court during the reading of his sentence at the High Court of Lesotho.
Ntsie was convicted of killing his two neighbours, Souru Masupha and Habaka Mahao on November 30, 2004 at Lancer’s Gap in Berea.
The fourth is a Maseru businessman, Jessie Ramakatane, who fled Lesotho at the height of the 2007 political disturbance.
A source close to the DPP’s office told Public Eye efforts to extradite the four was still underway.
The source further showed that although Mochebelele had applied to the African Court on Human and People’s Rights, “The substantive application for his extradition is yet to commence at the Randburg Magistrate’s Court.”
The hearing, according to the source, is being frustrated by Mochebelele’s numerous unsuccessful attempts to be granted refugee status.
He has since exhausted every avenue, from the South African High Court to the Supreme Court of Appeal and the Constitutional Court, the source also said.
Contacted for comment, the DPP, King’s Counsel Leaba Thetsane, said although Mochebelele has taken his case before the African Court, “presumably that will be the last bid to frustrate the substantive hearing”.
In his grounds for appeal before the African Court, Mochebelele contends there was no direct evidence of money exchanging hands between him and Lahmeyer’s representatives.
In his view, the crown failed to directly prove that he and his co-accused had received any monies.
He said the finding was arrived at despite his denial that there were no transactions made.
With regard to the ritual murder suspect, Scott, the Interpol office in Pretoria, South Africa has indicated that the extradition inquiry was finalised on May 5 and all relevant documents handed over to the justice department for due process to follow.
In terms of the South African Extradition Act of 1962, the minister may order any person committed to prison to be surrendered to any person authorised by a concerned foreign country.
In connection with Ntsie’s extradition, Thetsane said the matter was heard on July 15, adding judgment will be delivered on August 19 by the Vereeniging Magistrate’s Court.

. . . SADC observer mission identifies areas of friction

SECHABA MOKHETHI
MASERU – The SADC Observer Mission to Lesotho (SOMILES) has unearthed overlapping mandates between Lesotho Defence Force (LDF) and Lesotho Mounted Police Service (LMPS) that create friction between the two security organs.
SOMILES was established by SADC Double Troika Summit in September 2014, following mounting tension and subsequent deterioration of the political and security situation in the country.
Upon completion of its mission, SOMILES compiled a report that was presented by the SADC Facilitator to Lesotho, Cyril Ramaphosa to the Double Troika Summit last month, urging for reforms in varied areas of governance.
However, the body has pinned the following as foreseen challenges facing the incumbent government:
• the coalition government has 54 percent seats in parliament while opposition has 46. Because of the strong opposition, it might be difficult for government to unilaterally institute constitutional reforms as they do not have the requisite two thirds majority
• due to the antagonistic nature between the ruling coalition and the opposition, day-to-day law making may be problematic because of the narrow margin between the ruling coalition and the opposition in parliament
• challenges that resulted in the collapse of the previous coalition government have not been adequately addressed. Therefore, there are fears that the new coalition government may also be affected by the same problems. These include floor crossing, politicisation of the security and civil service, as well as constitutional amendments to provide for coalition governments
• the future of the security forces

Source of LDF/LMPS clashes
SOMILES discovered the inherent clashes between the LDF and LMPS were rooted in the legal framework within which the two institutions are operating, hence a need for government to consider amending both the police and army acts.
“In any country, there are two aspects of security, which are maintenance of law and order on one hand, and the defence of sovereignty and territorial integrity on the other hand,” the report shows.
It adds that these two important duties should not be a source of conflict between security services.
During the period of SADC deployment, it was noted there was some overlap between the mandates of the LMPS and the LDF.

This overlap tended to bring disharmony in the delivery of an effective security service in Lesotho, SOMILES discovered.
It also noted that prior to 1996, the constitution of Lesotho gave responsibility of maintaining law and order to the two security institutions.
However, through the first amendment to the Constitution Act – in the current constitution – the LDF is established for defence of Lesotho while the LMPS is responsible for maintenance of law and order.
“This constitutional amendment, therefore, sets the tone for the demarcation and separation of powers of these two security agencies with regard to maintenance of law and order,” the document further states.
Logically, SOMILES advised, consequential amendments should have been made in both the LDF Act and Police Service Act, reflecting this separation of power.
“These amendments were not made and are the primary causes of clashes between the LDF and LMPS. They ought to be made post haste,” the regional body indicated.

VIP protection malpractice
One alarming discovery by SOMILES was that VIP protection is provided by the army in Lesotho, a practice that violates regional and international best practice.
“In terms of VIP protection, the LDF provides security to top government officials. This is somehow contrary to regional and international best practice where such services are provided either by the police or the Secret Service,” the unit noted.
“The Lesotho government is encouraged to look into this matter,” SOMILES warned, further observing, “It should be noted the objective of the reforms is not to isolate security services, but to create a working relationship among them.”

Need to revisit Electoral Model (MMP)
According to section 56 of the national constitution, the National Assembly shall consist of 120 members. Eighty seats are for electable constituencies, using the First Past the Post System (FPTP), while 40 proportional seats are allocated to parties that contested elections based on the votes garnered and the parties’ share of national votes.
SOMILES observed so far, the system has operationally worked well, including in the February 28 general elections.
However, under the MMP system, the mission states, smaller parties have obtained seats due to the attribution of seats based on PR, thereby reducing the number of seats obtained by the larger parties.
“As a result, it has become difficult for any one party to obtain a majority. The system has therefore brought about a need for the formation of coalition governments by political parties, in order to garner the majority necessary to govern; parties that under ordinary circumstances would not have formed government together.
“For example, it brought forward the fact that the All Basotho Convention (ABC), Lesotho Congress for Democracy (LDC) and Basotho National Party (BNP) coalition of 2012 was a beneficiary of the MMP system, when it was the Democratic Congress (DC) that had won the most elected seats in parliament.
Equally, 2015 snap elections saw the ABC coming first with 40 contested seats while the DC came second with 37.
SOMILES says the above scenario has been a source of tension in the national assembly as some quarters felt hard done by because of the system with the resulting tensions tending to lead to political instability in the country as evidenced by the collapse of the last coalition government.
“Although the objective of the MMP system was to enhance democracy as it guaranteed the principle of proportionality, ensuring that a party’s share of seats reflects its share of national vote, the Kingdom of Lesotho may wish to revisit the system and possibly put it to a vote for its continued existence,” the body cautioned.
It added: “Just as the Third Amendment to the Constitution Act 2000 suggested, an Act of parliament that robustly prescribes how the system works in order to deliver effective parliaments and stable governments could be enacted”.
Such prescriptions could, for instance, include putting a threshold of the number of electable seats that a political party should amass before qualifying for allocation of proportional seats such as in the case in Canada.

PM’s unlimited terms
SOMILES also noted the issue of unlimited terms of office for the PM warrants attention.
It showed discussions on this issue had been triggered by the fact that Prime Minister Pakalitha Mosisili, who returned to power on March 17, 2015, previously served Lesotho PM for a period of 15 years.
“There might also be comparisons being drawn with leaders in the region or indeed most democratic states where heads of state have limits to their terms of office, generally being limited to two terms,” SOMILES said.
The mission appreciates that unlike most SADC countries with a presidential system of government, Lesotho follows the parliamentary system of government modelled on the Westminster system of the United Kingdom.
“Under the Westminster system, there are no fixed terms of office for holders of the office of Prime Minister. Instead, they may stay in office as long as their party or coalition that they lead still commands confidence and has the support of the majority of members in the national assembly,” it explained.
SOMILES revealed the current system is not unique to Lesotho, adding as long as the incumbent PM keeps winning seat in the national assembly and commands the support of the majority in that House, he or she is eligible to be appointed premier.
Granted, this may lead to certain individuals staying much longer in office and in some cases returning to office.
“Rather than reviewing this system, it may be worth considering strengthening intra-party democracy,” the mission said.
It also argued reform proposals could target political party constitutions that could limit terms of office of the chairman, president or leader of the party.
“If constitutions limit terms of office of their leaders, that will lead to change of the leaders of political parties represented in parliament and by extension, Lesotho could have prime ministers that do not stay in office for perceived longer periods of time or make comebacks, limiting the concerns expressed about prolonged tenure as a PM.”

• Increases shareholding at Tśepong
• Shareholders beg for judicial management

PASCALINAH KABI

MASERU – Major Queen ‘Mamohato Memorial Hospital (QMMH) shareholder, Netcare Hospital Group (Pty) Ltd, has moved swiftly to increase its 40 percent stake in the consortium by forcing fellow shareholders to compulsorily sell their stakes.
Alongside D10 Investments (Pty) Ltd (10 percent shareholding), Excel Health Services (Pty) Ltd (20 percent stake), Afrinnai Health (Pty) Ltd (20 percent) and Women’s Investment Company (10 percent), Netcare Hospital Group formed Tśepong (Pty) Ltd consortium which won a contract to build, finance and run the hospital six years ago.
However, the relationship between Netcare and its fellow shareholders has been turbulent over the past years with accusations that the South African company was looting millions of maloti from the group.
The sour relationship saw the consortium’s board of directors unanimously deciding not to approve the 2012 financial statements as there were some dubious payments which they sought more clarification on.
The board has to date not approved financial statements beginning 2012.
In the latest developments, Netcare has instructed its legal representative to notify board of directors of its decision to acquire D10’s 10 percent stake in the consortium.
D10 becomes the second shareholder, after Afrinnai Health (Pty) Ltd (20 percent), in which Netcare moves swiftly to acquire stakes.
Although Netcare is still adamant that Afrinnai is deemed to have sold its shares, the former is disputing this and the case is under arbitration.
In a letter dated July 31, 2015, which Public Eye is in possession of, legal firm Webber Wentzel informed the board that Netcare has made a decision to acquire D10’s shares.
Titled ‘Notice of Acceptance of Deemed Offer under Clause 20.3.1 of Tśepong (Pty) Ltd Shareholders Agreement’ Webber Wentzel said the decision to buy out D10 came after the former breached Shareholders’ Agreement.
“Under clause 20.2 of the Agreement, as a result of the occurrence of a Trigger Event in relation to D10 Investments (Pty) Ltd (“D10″), the other shareholders of Tśepong, excluding Afri’nnai Health (Pty) Ltd (“Afri’nnai”) (for the reasons set out in paragraph 10 of our letter of 1 July 2015), are “Aggrieved Shareholders”,” read the letter.
Further, Webber Wentzel said, under clause 20.3 those aggrieved shareholders are then “Aggrieved Offerees”, and D10 is the compulsory offer (sp).
“In terms of clause 20.3, the shareholder in respect of whom a Trigger Event has occurred (D10) is deemed to have offered all the shares held by it in Tśepong on the same basis (changed as necessary) as a Voluntary Disposal of Shares under clause 19.”
Netcare’s legal representation further stated that under clause 20.3.1 of the agreement, an aggrieved shareholder may accept the compulsory offer by notice in writing to the Board “for a period of 30 days calculated from and excluding the date on which the last of the Aggrieved Offerees learns of or become aware of the occurrence or deemed occurrence of the relevant Trigger Event.”
The letter added: “We have been instructed by Netcare to notify the board, as we hereby do, that Netcare accepts the compulsory offer of D10 of the offered equity (as defined in clause 20.3 of the Agreement) under clause 20.3.1 of the Agreement.
Under clause 20.3 read with clause 19.4.2, the acceptance shall be pro rata the shareholders equity proportion at the time of the notice of acceptance, and it is for this proportion of the offered shares that our client accepts the offer.”
It further explained that under clause 20.3.4 the purchase price of each share included in the offered equity shall be equal to the fair market value thereof agreed upon in writing between the compulsory offeror (sp) and the aggrieved offerees (sp).
As Tśepong shares are not traded publicly, PwC (Price WaterHouseCoppers), Tśepong’s auditors, will be instructed to determine the fair market value thereof pursuant to clause 20.3.4 in due course, read the letter.
The letter also informed the directors that agreement of the fair market value will be facilitated as soon as PwC has been able to determine the value.
“We note that D10 has raised a dispute concerning the above referenced breach, and will therefore await the resolution of this dispute before finalising this process.”
They concluded by informing directors that it is at a price to be determined in due course by the above reference process that Netcare accepts the compulsory offer and the valuation will be made at the value at the date of this acceptance.
This letter follows a July 1, 2015 correspondence in which Netcare, through its legal representation, informed other shareholders of the decision to buy D10 out.
Prior to this communication, Webber Wentzel wrote a letter to D10 on May 22 informing them that they had breached a shareholders’ agreement by being a “party to issuing a letter of complaint to the office of the Ministry of Finance and Development Planning (“Complaint Letter”) on 10 August 2012.”
Webber Wentzel said the letter contained confidential information including:
7.1 the content of various board minutes (para 2)
7.2 information regarding the parties’ responsibilities set out in the Tśepong shareholders agreement (para 2);
7.3 Netcare’s contractual relationships with sub-contractors (para 6)
7.4 Tśepong’s procurement procedures (para 7)
7.5 the confidential affairs of the board (for instance, the letter states that the board is “polarized” and that this has “compromised the integrity of the board”) (para 7)
7.6 the manner in which Tśepong is managed (para 10); and
7.7 the assets and liabilities of Netcare (para 10).
Although Webber Wentzel said the information contained in the complaint letter was factually inaccurate, it contended D10 had breached Shareholder’s Agreement, clause 27.1 and clause 25 by speaking to the ministry without first seeking “consent of the other shareholders of Tśepong to the disclosure of the above reference confidential information.”
The lawyers further wrote, “By issuing the complaint letter, D10 has sought to bring the reputation of our client and Tśepong into disrepute in breach of clause 27.11 of the shareholders agreement.”
Based on this, Netcare gave D10 30 days to publish a written unconditional retraction of the complaint letter and all the allegations contained therein to every person to whom the complaint letter was published.
It further wanted D10 to provide it with an unconditional written apology for the publication of the complaint letter and all allegations contained therein.
“Failure to do so, will result in the deemed offer of D10’s shares in Tśepong to the aggrieved shareholders in terms of and subject to the provisions of clause 20.3 of the shareholders agreement,” Netcare cautioned.
Recently contacted for comment, Group Company Secretary and General Counsel Lynelle Bagwandeen said that they did not intend to deal with each and every query Public Eye had requested that they respond to.
“Our failure to address each and every averment should not be construed as an admission or denial thereof. Netcare cannot comment on issues specific to the management and running of Queen ‘Mamohato Memorial Hospital (QMMH),” Bagwandeen said.
Bagwandeen added: “We cannot address issues that are not in the public domain as we run the risk of breaching the confidentiality provisions of the Shareholders Agreement to which we are a party.”
Judicial management
Three Tśepong shareholders – Thuso Green (D10), Dr Noreert Moji (Excel Health Services) and Dr Lehlohonolo Mosotho (Afrinnai) – want the commercial court to place the hospital under judicial management for six months and instruct corruption investigations into the consortium.
In court papers filed in August 2014, the three wanted Tśepong, all its five shareholders, ministry of health, finance, master of the high court and attorney general to showcause why the hospital’s running cannot be placed under judicial management.
They further wanted respondents to showcause why “the board of directors of 1st respondent shall not be suspended forthwith from their functions pending finalization of the main application for judicial management.”
“3rd respondents (Netcare Management) shall not be suspended forthwith from its management duties pending finalization of the main application for judicial management.”
The trio also wanted Netcare management to be interdicted from handling, removing, interfering, dissipating or otherwise dealing with Tśepong property whether real or intellectual, information, data, computer hardware, software or record and finances of 1st respondents pending finalisation of the main application for judicial management or as directed or circumscribed by the court’s order.
The case is still pending in court.

KANANELO BOLOETSE

MASERU – A candidate for the All Democratic Corporation (ADC) in the February 28, 2015 elections, who was arrested on suspicion of stealing a church bell early last month, was on Friday last week released on M2 500 bail.
Tahleho Setimela, 48, and his wife Sefora Setimela, 51, were arrested on June 29 and will appear again in Butha Buthe Magistrate Court on August 14.
Acting police spokesperson Senior Inspector Thato Ramarikhoane on Monday this week said the bell was found at Parys in Free State, South Africa, where it had been sold for M30 000.
“The bell was stolen from St. Paul Catholic Parish in Butha Buthe. From Lesotho, it was sold in Bethlehem for M13 000. From there it was then sold to a farmer staying in Parys for M30 000,” Ramarikoane said.
Setimela was a candidate for the ADC in Butha-Buthe No.5 Constituency in the February 28 snap elections and got only 50 votes.
The constituency was won by the All Basotho Convention (ABC) candidate Motlohi Maliehe with 3945, followed by Democratic Congress’ ‘Mathabo Paulina Shao who got 1947 votes.
Addressing the St. Paul’s congregation last Sunday, Father Ernest Makintane thanked the worshippers for their powerful prayers that led to the retrieval of the church bell.
Makintane said, “Ever since it was announced that the church bell was missing, you prayed to God for the repossession of your church bell, your prayers were heard and today we have the bell with us.”
He indicated the bell was the voice of God and its sound was God’s communication to His people to signify the hour or time for worshippers to go to church.
“Church bells are the voice of God and are a way in which He communicates with His people. Church bells are a common way to call the community together for all purposes, especially sacred. We ring our bells to summon the Christian faithful to recite certain prayers, sometimes they are rung during funerals as the coffin arrives at church,” Makintane said.
Explaining how the bell was recovered, Makintane told the congregation that on the morning of Friday June 24, he received a call from one member of the church who said he had been alerted about the location of the bell.
“I was told by one of my catechists that one lady said she saw a church bell behind a door of a furnisher shop in Bethlehem, South Africa.
“I woke up and went to the police station and shared the information with them and on the very same day, we drove to Bethlehem with the police from the Criminal Investigations Department (CID),” Makintane narrated.
He said on arrival in Bethlehem, they reported to the police station and were taken to the furniture shop.
“The owner of the shop agreed that the bell we were looking for had been in his shop in the previous days and was sold to him by some Basotho for M13 000. He, however, told us that he had re-sold the bell to his friend living in Parys.
“The shop owner did not have a physical address for his friend but agreed to give us his contact details,” Makintane further explained.
They came back home very hopeful and arranged to go to Parys the following day, he said, adding: “It was on Saturday when we went to Parys. When we got there, we also reported ourselves to the police, told them our story and gave them the contact details of the person we were looking for.”
Makintane showed the man indicated he was in Mpumalanga and admitted he had bought the bell from Bethlehem for M30 000.
“He told police the bell was at his farm in Parys. He also promised to return it to the shop he bought it from in Bethlehem on Monday, June 24.”
Makintane said on Monday when they arrived in Bethlehem, they were told by the furniture shop owner that the farmer had postponed and would bring the bell the following day, which he did.
“The owner of the shop had to pay back the M30 000 he had sold the bell for but quite astoundingly, when the bell was back in his possession, he became averse and refused to give it to us claiming that he needed his M13 000 he gave to Basotho that sold him the bell.
“He wanted to negotiate a deal with the church that it pays him his M13 000. We quickly rubbished this and warned him that he had bought stolen property and therefore he also had committed crime. He eventually agreed to give us the bell and that’s why it is with us here today,” Makintane said.

SECHABA MOKHETHI

MASERU-Up to 70 Lesotho Defence Force members have been accused of planning a mutiny, Lieutenant General Tlali Kamoli has told the Southern African Development Community (SADC) ministerial fact finding mission.
Kamoli wrote to the regional body indicating that 28 soldiers have been arrested and additional 16 called in as witnesses to the alleged plot.
He added 15 suspects had been cleared of the offence during investigations, while 10 had fled the country fearing arrest. Another soldier ran away from Lesotho in 2014.
The army boss further showed some civilians implicated in the action were handed over to police for investigation.
Kamoli’s report to the SADC Mission indicated that among the civilians implicated in the mutiny were Mr Thesele ’Maseribane, former minister of Youth, Gender, Sports and Recreation, and former Police Commissioner Khothatso Tšooana.
“General Kamoli showed the investigation was completed and the court-martial was due to commence. Through the attorney general, a prosecutor and a retired judge have been privately secured from South Africa,” the report said.
It added Acting Police Commissioner, Keketso Monaheng told the SADC Mission that the security situation in the country was relatively calm.
Monaheng also noted tension between the army and the police had subsided since the February 2015 general elections.
“He informed that the police and the army hold regular meetings and carry out joint operations as well as fortnightly joint meetings,’ the report says.
According to Monaheng, the two parties were developing a roadmap to cement their relationship.
He revealed police started investigating after Kamoli informed him of the mutiny plot within the army as well as the death of Brigadier Maaparankoe Mahao.
Police were now probing its own officers who were implicated in the plot.
The SADC Double Troika Summit over Lesotho decided to investigate the alleged mutiny plot on June 3.
Concerned about political and security developments in Lesotho in the aftermath of February elections, the chairperson of SADC organ, Jacob Zuma, constituted a fact finding mission to Lesotho from June 27 to 29.
The mission was led by South African defence minister, Mapisa Nqakula and mandated to consult with Lesotho authorities and other relevant stakeholders on the latest developments in the country.
According to the mission’s report following the visit, they met with the prime minister, leaders of the coalition government, leaders of political parties, Christian Council of Lesotho and heads of security agencies.
Kamoli has alleged that before his return to office, a mutiny plot was uncovered on May 12, with the first arrests made two days later.
“He mentioned that the late Brigadier Mahao was implicated in the mutiny,” the SADC Mission report says.

MASERU – An official from the ministry of sports, Moleboheng Mokobocho has called on various sports associations to professionalise sports in a bid to elevate them to a higher level.

Mokobocho was yesterday addressing members of local sports organisations during the 14^th annual general meeting of the Lesotho National Olympic Committee (LNOC) held in Maseru.

“We have been singing the song of professionalising local sports but we should start somewhere,” Mokobocho said.

She said the idea is to start planning on how athletes should be paid, adding that would go a long way towards improving sports in Lesotho.

Speaking at the same occasion, president of LNOC, ‘Matlohang Moiloa-Ramoqopo said the meeting should serve as platform for members to review their mandate, a mission they set two years ago to ensure that LNOC becomes a viable and efficient body.

Moiloa Ramoqopo described sports as a tool uniting all nations, hence the need to improve playgrounds where athletes could better showcase their talents.

She said this year’s AGM will culminate in the launch of a website so that the LNOC could also network with other affiliated bodies worldwide.

The meeting was attended by more than 20 sports associations. It was intended to present reports from the secretary general and the treasurer as well as programmes the LNOC is currently engaged in. – LENA

MASERU – Three cabinet ministers toured the Rapokolana High Altitude Training Centre in the Mohale area today.

The three are sports minister, Mothibeli Mokhothu, minister of transport, Tšoeu Mokeretla and their energy counterpart, Selibe Mochoboroane.

The purpose of the tour according to chief information officer in the sports ministry, Maqalika Matsepe was to pave the way for the official opening of the training facility at a date yet to be announced.

Matsepe said when fully operational, the camp would be used as a high altitude training centre for local athletes.

He said it will be equipped with modern training facilities that include a track, a sports field, a gymnasium and lawn tennis courts. – LENA

MASERU – The case in which the minister of police, Monyane Moleleki is facing corruption charges along with four directors of Refela Holdings, has been postponed until November 11 for set down.

The matter was rescheduled after the High Court had today failed to secure hearing dates as had been the initial plan.
When the trial was previously postponed on May 13, crown counsel, Advocate Sipho Ndluli, had recused himself from the case, accusing defence of frustrating the proceedings through endless postponements.

Moleleki is charged along with Mohapi Khofu, Moeketsi Motšoane, Tšepo Khofu and Kereke Moteletsane.

In the first count, they are accused of not complying with provisions of the Minerals Act by failing to apply in writing, to the commissioner of mines, for prospecting licenses at Ha Ramatšeliso and Mosaqane in the Qacha’s Nek district, between May 1- 29 2012.

In the second count, they are accused of submitting false documents to the now defunct ministry of natural resources, claiming they had previously held community meetings in the two villages, where they had intended to prospect for diamonds, when in fact they had not.

In the third count, they are accused of submitting a forged document to the same ministry on the same date, so that they could be issued the said licenses.

Refela Holdings was granted three licenses to prospect for diamonds over a period of two years, in the villages of Ha Ramatšeliso and Mosaqane in Qacha’s Nek as well as Ha Mahlekefane, in the Botha-Bothe district.

The permits were alleged to have been endorsed by Moleleki who was at the time the minister of natural resources.

The said permits were all issued on the same day but were later cancelled by the former minister of mining, Tlali Khasu, on October 31 2012, on suspicion they had been issued under questionable circumstances.

Moleleki is represented in the matter by King’s Counsel Salemane Phafane while KC Zwelake Mda appears for the other accused. – PE/LENA

MASERU – An official from the ministry of sports, Moleboheng Mokobocho has called on various sports associations to professionalise sports in a bid to elevate them to a higher level.

Mokobocho was yesterday addressing members of local sports organisations during the 14^th annual general meeting of the Lesotho National Olympic Committee (LNOC) held in Maseru.

“We have been singing the song of professionalising local sports but we should start somewhere,” Mokobocho said.

She said the idea is to start planning on how athletes should be paid, adding that would go a long way towards improving sports in Lesotho.

Speaking at the same occasion, president of LNOC, ‘Matlohang Moiloa-Ramoqopo said the meeting should serve as platform for members to review their mandate, a mission they set two years ago to ensure that LNOC becomes a viable and efficient body.

Moiloa Ramoqopo described sports as a tool uniting all nations, hence the need to improve playgrounds where athletes could better showcase their talents.

She said this year’s AGM will culminate in the launch of a website so that the LNOC could also network with other affiliated bodies worldwide.

The meeting was attended by more than 20 sports associations. It was intended to present reports from the secretary general and the treasurer as well as programmes the LNOC is currently engaged in. – LENA

MOLISE LAWRENCE

MASERU – A Qoaling man who allegedly stabbed to death with a knife a woman for rejecting him is expected to appear before the Maseru Magistrate’s Court on August 14.

The incident according to police spokesperson, Senior Inspector Clifford Molefe, occurred on Saturday in Masowe II.

Molefe said Ratlali Moreko, 29, fatally stabbed the 25-year old woman of Masowe with a knife after she turned down his love advances.

He said the suspect who is currently in police custody was arrested immediately thereafter by the Thetsane police.

MAFETENG – Police in Mafeteng are investigating a case in which a 22-year old Ha Sehloho man was allegedly shot dead by unidentified gunmen on Saturday night.

Mafeteng Police commander, Senior Superintendent Tšeliso Baholo said the now deceased was with his 61-year-old father in his home when the assailants attacked him.

The now deceased; Baholo said sustained a single fatal gunshot wound on the chest.

He said the man died instantly from loss of blood.
Police, he said found an empty shell belonging to a 9mm pistol at the scene of crime.

“Police are yet to determine the cause of the fatal shooting and no arrests have been made in connection with the incident,” Baholo said, adding police investigations are continuing. – LENA

MOLISE LAWRENCE

MASERU – The Maseru Magistrate’s Court yesterday slapped a 70-year old man from Ha Ntsi with a 10-year jail sentence for raping a 13-year old girl from the same village.

The court however suspended the entire sentence for 10 years on condition that the accused, Namolang Lempe is not found guilty of a similar offence during that period.

Evidence led in court shows that sometime in April, Lempe lured his young victim to his house under the ruse that he would cure her.

The girl had earlier fallen ill and Lempe invited her to his home promising to provide her with medication for her ailment.

Instead, he sexually molested her, the court was told.

MOLISE LAWRENCE

MASERU – A 40-year old man from Sixondo, Quthing who sodomised a five-year old boy from the same village was sentenced to 18 years behind bars after the Quthing Magistrate’s Court found him guilty of rape.

The convict, Katiso Taole was jailed without an option of a fine.

The rape occurred on July 16 in Sixondo.

The court heard how earlier that day, the victim had been playing with other children next to Taole’s home.

Evidence led before court shows that Taole sent the other children to a nearby shop to buy some sweets, leaving the young boy behind.

While the other children were away, evidence further shows that the convict sexually molested the boy.

But the boy yelled, alarming other villagers who immediately came to his rescue.

Taole was thereafter apprehended by the villagers and handed over to the police before he was later hauled in court.

MADINGANE MALIEHE

MASERU – The minister of water affairs, Ralechate ’Mokose says Lesotho and South Africa are working hard towards a smooth take-off of Phase II of the Lesotho Highlands Water Project (LHWP) in 2017.

In an interview with Public Eye Online yesterday, ’Mokose shared the agenda of his South African counterpart, Nomvula Mokonyane’s last week visit to Lesotho.

He said as representatives of the two countries in the project, Mokonyane and him are responsible for overseeing the multi-million maloti venture, adding the meeting was aimed at making plans in that regard.

“The first reason for the minister’s visit was so that we officially meet. The second was that we study Phase 1 of the project together, understand the challenges that were encountered, so that we could be better prepared and more well-equipped in the implementation stage of this phase. Lastly it was to examine ways in which both countries and their citizens could benefit from this venture,” he said.

The minister said during their meeting, both parties studied the treaty that governs the relationship between the two countries as well as how the people involved in the project should and would contribute towards it.

“It also came to our attention that the people who are heading the project on the ground have distanced themselves from it and part of what we did was to address workers, both from South Africa and Lesotho to ensure that they understand the project at a personal level.”

‘Mokose also noted that they were exploring ways in which the project could also be beneficial to women, youth and people living with disabilities.

“We boast about water being our white diamond in Lesotho but there are not enough efforts in our communities to raise that, we want water affairs to become part of our curriculum so that young people can learn about it at an early stage.”

In conclusion, he said Botswana also has an interest in acquiring water from Lesotho and had already incorporated plans for a future meeting between the water affairs ministers of Lesotho, South Africa and Botswana.

STAFF REPORTER

MASERU – The case in which a South African national is facing a series of charges including two counts of attempted murder in the Maseru Magistrate’s Court, has been postponed until August 20.

The matter had been expected to continue yesterday but failed to take off because of some logistical setbacks on the part of the court.

When the trial resumes on August 20, the defence is expected to present its case.

In the first count, Tšepo Francis Tsebe is charged with the attempted murder of a local taxi driver, Likoebe Maphathe.

It is alleged that on December 2 2013 near Moshoeshoe II in Maseru, Tsebe fired shots at Maphathe’s vehicle and injured him.

Maphathe was in the company of a female passenger when the incident allegedly occurred.

In the second count, Tsebe is alleged to have later that day fired at another vehicle, belonging to the Lesotho Defence Force (LDF).

Evidence before court shows that the army vehicle had three occupants on board.

Tsebe also faces charges of possession of an unlicensed firearm, a 9mm pistol with nine rounds of ammunition.

He is further alleged to have conspired with others to rob a supermarket located at the Pitso Ground area, in Maseru on the same date.

After his arrest by the Maseru police later that day, Tsebe was remanded in custody by the Magistrate’s Court.

The court later shot down an application by his lawyer, Advocate Makhetha Motšoari, who contended that the crown had no solid case against his client.

The trial continues before Resident Magistrate Polo Banyane-Pitso.

MOLISE LAWRENCE

MASERU – A Ha Tsolo couple is expected to appear before the Maseru Magistrate’s Court tomorrow for the alleged rape of their seven-year old daughter.

Semetha Thamae, 38, together with his 28-year old wife, ’Marapelang, were on August 3 remanded in custody by the same court for the purported crime.

This was after they had both failed to raise the M1 000 bail deposit the court had demanded from each.

It is alleged that on April 2, Thamae sexually molested his minor daughter who later informed her mother about the incident.

It is further alleged that however, the mother kept quiet about the matter in a bid to protect the husband.

But other members of the family soon learnt about the incident and reported it to the Thetsane police, leading to Thamae’s subsequent arrest.

MASERU – The Morija Museum and Archives yesterday launched a creative technology laboratory called ‘the Hub’.

Speaking at the ceremony held at the museum premises, the patron of the centre, Her Majesty Queen ‘Masenate Mohato Seeiso said developments made in Morija help improve the country and the future generation.

The Queen showed that such developments would also benefit the communities of both Matsieng and Makhoarane.

She appealed to Basotho to support the initiatives, urging the youth to use the lab effectively as well as take care of the project.

Speaking at the same occasion, the minister of tourism, Likeleli Tampane lauded the launch, saying the project would enhance the work of the museum.

Tampane appealed to Basotho to unite and contribute towards the development of Morija and the country as a whole.

On behalf of the sponsors, the managing director of Standard Lesotho Bank, Mpho Vumbukani said the lab is not only important to the community of Morija but to the entire Basotho people.

Vumbukani appealed to the public to protect the facility and make proper use of it.

He expressed hope that the contribution that Standard Lesotho Bank made towards the project would help improve and preserve the culture of Basotho.

The Hub is a creative technology lab that provides among others, internet services.

It is also intended to develop youth’s skills in various areas that include photography, graphic designing, social media, web designing and maintenance, film making, writing and communication skills through workshops and mentoring processes. – LENA