Tefo Tefo
The High Court has set 20 May as the date on which to hear a case in which Lesotho Mounted Police Service Commissioner, Khothatso Tšooana, is seeking an order directing Prime Minister Pakalitha Mosisili to allow him to resume his duties with immediate effect.
Mr Tšooana filed an urgent application in the High Court on 28 April after he was verbally informed to continue with his leave-of-absence he undertook in November last year as part of the Maseru Security Accord. Under the Accord, the commissioner, Lieutenant General Tlali Kamoli and Lieutenant General Maaparankoe Mahao were to leave the country for a “definite” period to ensure peace prevailed during the 28 February 2015 general elections. The deal was brokered by the Southern African Development Community, and the three men returned to Lesotho last month. They all haven’t returned to work, leading to Commissioner Tšooana taking his case to the High Court, and citing Police Minister Monyane Moleleki, Deputy Commissioner of Police (DCP) Keketso Monaheng and Attorney General Tšokolo Makhethe, as second to fourth respondent, respectively. Dr Mosisili is the first respondent in the matter.
Last Friday, Justice Hlajoane ordered Mr Tšooana’s lawyer, King’s Counsel Haae Phoofolo to file his responding papers and written submissions (heads-of-argument) by 15 May.
The judge also ordered the lawyer representing the respondents, King’s Counsel Salemane Phafane, to file his heads of argument by 18 May.
She further identified 20 May 2015 as the date to hear the case.
In the court papers, Mr Tšooana had also wanted Mr Monaheng to show cause why he should not be interdicted from operating as the Police Commissioner pending finalisation of the case.
Mr Tšooana further wanted Mr Monaheng’s appointment as Lesotho Mounted Police Service Acting Commissioner on 8 April 2015 to be nullified, and to be awarded costs of the suit in the event of opposition.
In his affidavit, Mr Tšooana gives a background of how he found himself going on the special leave, and expecting to immediately resume his duties as Police Commissioner on return. Mr Tšooana also explains how he was appointed LMPS Commissioner on 16 January 2014.
“Following the political insecurity that faced Lesotho in 2014, and the intervention of SADC, the political leadership in Lesotho signed the Maseru Facilitation Declaration on 2 October 2014. This declaration was meant to pave the way for elections and bring normalcy to Lesotho.
“On 23 October 2014, another document was signed which was termed the Maseru Security Accord. In terms of the said Accord, I, together with the Lesotho Defence Force Commander, Lieutenant General Maaparankoe Mahao and Lt Gen Tlali Kamoli agreed to go on leave-of-absence for specified periods. During the leave of absence, we undertook working visits in SADC and Commonwealth countries. As part of the Accord, I went to Algeria for a period of three months,” Mr Tšooana noted.
The commissioner says after the SADC Facilitation Mission was completed following February’s general elections, he returned home on 2 April and expected to resume his duties immediately.
“Upon my arrival in the country, I immediately reported for duty and met the Minister of Police (Mr Moleleki), the 2nd respondent herein. The 2nd respondent then gracefully directed me to go home and rest, and that I would be called into office later on. I did not read much into these statements and simply took it that he found it befitting that I take a little rest and time off with my family after a long time away from home.
“During my meeting with the Honourable Minister, he told me that he was not the appointing authority but the Prime Minister is, and that issues pertaining to the Office of the Commissioner of Police were still being addressed. At the time, I did not understand the relevance of this statement and out of respect for the Honourable Minister, I did not bother asking him to explain further. I simply went home as directed.
“I was surprised to learn on 8 April 2015 that on the same day, a memo was issued addressed to all relevant offices to the effect that DCP – Operations, Keketso Monaheng, had been appointed Acting Commissioner of Police. I was indeed surprised because at the time, I was eagerly awaiting a call from either the Honourable Minister or Principal Secretary, informing me to report for duty.”
According to Mr Tšooana, the worst thing was the appointment was made without formally advising him as the incumbent commissioner.
“DCP Monaheng marked his assumption of duty as Acting Commissioner of Police by convening a meeting of senior officers at the Police Training College where he spelled out his vision as the Acting Commissioner of Police. His remarks and tone clearly sent a message that he was in that office for the foreseeable future, if not for good. I was particularly alarmed to hear DCP Monaheng address fellow police officers as if he was now the new Commissioner of Police. For instance, he outlined his long-term plan to deal decisively with elements within the LMPS that were, according to him, responsible for the unfortunate events of 30 August 2014 (when the army invaded and took over three Maseru police stations, during which one police officer was killed). As he outlined his vision and plans to the senior officers, it dawned on me that he knew he was in that office to stay. He did not talk like someone expecting the incumbent to be in office the next day.
“The meeting was followed by the transfer of officers, including Assistant Commissioner of Police (ACP) Sello Mosili. It is important to mention that ACP Mosili has approached the court for an order to protect his rights. ACP Ezekiel Senti, who is also operating as a pseudo Commissioner of Police, has written several letters intimating that I am on leave. He has said as much in a sworn filed opposition of ACP Mosili’s case.
“Alternatively, if the directive from Mr Moleleki that I should go home and rest is taken to be leave, then I respectively submit that the same has no legal basis. Firstly, Mr Moleleki is not the appointing authority for the position of Commissioner of Police and cannot therefore send me on leave. Secondly, Mr Moleleki has no authority to send me on forced leave.
“I have been to the offices of the Principal Secretary of Police and of the Government Secretary on several occasions requesting and demanding clarification on my situation. None has been forthcoming.
“I therefore, vehemently deny being on leave and there is absolutely no documentation evidencing same.”
Mr Tšooana, who is being represented by Advocate Phoofolo in the case, says he had been treated unfairly “and without courtesy”.
“My rights have been flagrantly violated and I am duty-bound to withstand all the injustices being meted out to me within the perimeters of the law. I suffer a lot of prejudice as the Commissioner of Police if my deputy is appointed to act in my position in my presence.
“The impression that has been created by the unfolding events is I am on leave or suspension if my duties have been passed to my deputy in a formal process of appointment. That is wrongful and unlawful. I have, as a result, suffered extensive prejudice and there is no other alternative remedy in the circumstances. I continue to suffer as an officer and Commissioner if my deputy continues exercising my duties and responsibilities. The matter is extremely urgent on the basis of the foregoing reasons.”