Staff reporter
Justice Semapo Peete has appealed for “order and stability” in the Lesotho Defense Force (LDF) following the appearance of yet another “abducted” soldier in the High Court on Friday.
Sergeant Refiloe Semakale was the latest soldier detained by LDF authorities over recent weeks to be brought before the High Court facing mutiny charges.
The sergeant’s wife, ‘Mamatebele, on Thursday filed an urgent High Court application making several demands relating to her husband who had been in LDF custody since 21 May 2015.
In her Notice of Motion filed before the court, Ms Semakale had demanded—through her lawyer, Advocate Monaheng Seeiso Rasekoai—that the LDF commander (First Respondent) be ordered and directed to present the body of Refiloe Semakale before the High Court pursuant to provisions of the law; that the LDF commander and Commissioner of Police see to it that Refiloe Semakale is charged with any crime with which he is suspected within eight days of the judgement; that the LDF commander is directed to allow Refiloe Semakale access to an attorney or counsel forthwith in private for purposes of consulting and taking instructions; that Refiloe Semakale be released forthwith by the LDF; declaring Refiloe Semakale’s abduction and detention by the LDF unlawful and a violation of his right to liberty; directing that Refiloe Semakale be taken for medical examination; costs of the suit in the event of opposition; further or alternative relief as the court may deem fit.”
‘Mamatebele’s brother-in-law Tšepo Semakale, her sister-in-law Bernice Semakale-Manamolela and the detained soldier’s sisters, Libuseng Semakale-Bereng and Laura Moeletsi, and his brother Teboho Semakale, had written affidavits supporting their distraught relative.
The LDF Commander, Minister of Defence, Commissioner of Police and Attorney General were cited as First to Fourth respondents respectively, in the case.
However, when Sergeant Semakale was brought to court on Friday, he told Justice Peete that he was being accused of “failing to report that there was a mutiny plot against the authorities”.
Justice Peete then examined the soldier’s hands, and noted: “The court observes deep cuts, and bruises on both wrists, which are also swollen.”
The judge then asked when Sergeant Semakale had been apprehended and if he had seen his wife and family since that day.
“I was detained on the 21st of May and I have not seen my wife and my family since,” he responded.
The judge then ruled that the couple could see each other but with a guard close-by.
Noted the defence: “We don’t object that the applicant be granted to see her husband. However, we say this should be on condition that someone is within earshot of the couple.
“He will have access to his wife from 10 am to 3pm on working days of Monday to Friday; that is what we humbly request.”
Sergeant Refiloe was also allowed to see a doctor on Friday and also legal access.
However, he will remain in LDF custody “unless the charges against him are withdrawn.”
Counsel from both sides then agreed to submit answering papers on 2 June, while the replying affidavits would be submitted before the court on 4 June.
However, Justice Peete said it was imperative that order be restored in the LDF.
“I insist that proper justice takes place and that there is order and stability, for the sake of Lesotho.”
On his part, Advocate Rasekoai lauded Advocate Seeng Matsosa, who is representing the crown, for her professional approach in handling the urgent application.
“My learned friend was prudent and displayed professional etiquette as she proactively dealt with the urgent matter. She managed to bring the sergeant even before the honourable court could grant the order.”
Meanwhile, Defence and National Security minister, Tšeliso Mokhosi, on Wednesday told parliament that government had uncovered a plot to rebel against authority by some LDF members.
Mr Mokhosi was responding to demands by opposition Members of Parliament (MPs), who wanted to find out why the soldiers were kidnapping and torturing their colleagues. The MPs, who first raised the issues in parliament on Tuesday last week, also wanted to find out why former Prime Minister Thomas Thabane and Basotho National Party leader Thesele ‘Maseribane, fled the country two weeks ago and also why government was silent about it.
However, in a statement released on Wednesday, Mr Mokhosi said: “Basotho National Party Deputy leader, MP Joang Molapo, requested that the august house should discuss the country’s security situation under Standing Order No 29.
“I’m responding to concerns in relation to an ongoing operation in the Lesotho Defence Force. On Wednesday, May 13, 2015, the Deputy Commander of the Army reported to me, as the Minister of Defence and National Security, that the army had uncovered a mutiny plot by a clique of soldiers.
“According to military laws the world over, when such a plot is uncovered, soldiers implicated in the plot are court-martialled. In the same token, here in Lesotho, soldiers suspected to be in such a plot were arrested by the army according to the LDF Act 1996 No. 4 of 1996 Section 86.”
The minister added the soldiers would be given a chance to defend themselves against the accusations they are facing.
“I must explain to this honourable house that when acts of this nature have been committed, the accused are not given or afforded any bail. This means the suspected soldiers will remain in custody until they appear before a court martial. This is in line with the LDF Discipline Regulations of 1998 section 11 subsection 2 and 3.”
Mr Mokhosi also explained what government was doing with regards to the conduct of some LDF members who allegedly threatened court officials and lawyers at the High Court last week.
“The Chief Justice called the Deputy Commander of the LDF to alert him that the courts were disappointed by the conduct of the LDF members and the LDF Deputy Commander accepted the complaint and guaranteed that such conduct would not happen again,” he said.
Mr Mokhosi’s statement was however, silent on Dr Thabane and Chief ‘Maseribane, who have since been joined in exile in South Africa by Reformed Congress of Lesotho leader, Keketso Rantšo. The three believe their lives are in danger and have sought help from the Southern African Development Community.