• Families to be compensated include the Tang family 
• Army to fork out nearly M800 000

Staff Reporter 

OMBUDSMAN, Tlotliso Polaki, has ordered the Lesotho Defence Force (LDF) to compensate families whose “breadwinners” were?killed by soldiers. 

Amongst them, Advocate Polaki has ordered LDF boss, Lieutenant General Mojalefa Letsoela, to pay the Tang family M300 000 as compensation for the May 2014 “negligent” killing of their daughter, Lisebo Tang. 

Soldiers guarding the home of then LDF commander, Tlali Kamoli, opened fire at Ms Tang and her boyfriend, Tšepo Jane, on 9 May 2014 when the couple had parked their vehicle near Kamoli’s residence in Ha Leqele. The soldiers sprayed the vehicle with a volley of bullets, claiming they had suspected that?it posed a security threat to Kamoli. 

Mr Jane survived death by a whisker while Ms Tang was declared dead upon arrival at Makoanyane Military Hospital. 

Two soldiers; Corporal Tjekane Sebolai and Private Selone Ratšiu, are currently standing trial before Chief Justice Sakoane Sakoane for the murder of Ms Tang. They also face an attempted murder charge over Mr Jane’s near fatal shooting as well as malicious damage to property charges for damaging his vehicle. 

Adv Polaki states in her special report to parliament, dated 27 March 2024, that the LDF was liable for Ms Tang’s death and ought to pay M300 000 damages. 

She has requested parliament to endorse her order for the LDF to compensate the Tang Family. 

According to Adv Polaki’s report, Ms Tang was the breadwinner in the family, supporting her mother and daughter from her M2000 monthly salary. 

Following the incident, LDF officials had a meeting with the Tang family and committed to pay her burial costs. They also committed to provide the family with groceries and school fees for Ms Tang’s daughter. The LDF ceased to provide the groceries and school fees around 2018. 

Ms Tang’s mother, Makhola Tang, then petitioned the Office of the Ombudsman for intervention resulting in Adv Polaki’s order finding the LDF liable for damages. 

“The LDF was correct in withdrawing such benefits in the absence of a clear policy guideline or order to continue to offer such benefits or advantage; however, she (Makhola) should have been consulted first as the decision was prejudicial to her interests,” Adv Polaki states in her report. 

“The LDF also refused to entertain complainant’s plea for compensation because there is a criminal case pending in court and they felt that it will be an admission of guilt on their part if they compensate the complainant. 

“The criminal proceedings against the two army officers remains pending and the outcome is awaited. The Ombudsman’s view grounded in the law is that a civil claim for pecuniary compensation lodged is not dependent on the criminal proceedings running at the same time. 

“With regard to compensation befitting to complainant, the evidence gathered of the deceased’s worth suggested that at the time of her demise, her economic and financial standing was that she was employed at the Pick ‘n Pay supermarket in Maseru as a cleaner, and on a monthly basis, earned an amount of M2000. 

“She was a breadwinner in the family and was providing for her mother and daughter’s livelihood together with her daughter’s school needs. The deceased’s daughter is now in Grade 6 and her school fees alone have escalated to M3200 annually. 

“An appropriate redress given inter alia, the age of the victim at the time of her demise, which is material in determining the amount of compensation and the circumstances surrounding her death, should be premised on the victim’s loss of income and future loss of support based on the deceased’s salary and the prejudice suffered by the complainant and her granddaughter as a result.” 

Adv Polaki therefore found the LDF liable for the death of Ms Tang and ordered it to pay damages in the amount of M300 000. 

“The Ombudsman came to a conclusion that the LDF is vicariously liable to compensate the complainant, Makhalo Tang, for the death of her daughter, Lisebo Tang, as a result of the LDF army officers’ negligence or wrongdoing. 

“The LDF is ordered to pay compensation to the complainant, Makhalo Tang, for the negligent death of her daughter, Lisebo Tang, in the amount of M300 000 as a reasonable and justifiable redress for loss of support. The payment should be made within three months from the date of delivery of this determination.” 

Adv Polaki also ordered the LDF to compensate the Molapo family with M423 805.39 for the killing of Molapo Molapo on 5 December 2020 in Peka, Leribe. 

According to Adv Polaki’s special report to parliament, a soldier allegedly had a physical altercation with the deceased Molapo who allegedly disarmed the soldier. The soldier requested backup form other soldiers stationed at Mokota-koti in Maputsoe. The soldiers pursued the deceased and found him hiding in his home and one of them shot him dead. 

Adv Polaki said the deceased Molapo was a breadwinner and a part time contractor undertaking various construction jobs including installation of ceilings and masonry. At the time of his death, he had two minor children who were still at school and an elderly father who was no longer working and could not provide adequate care to the minor children. The children, both girls, Tholoana now aged 20 and Mosa aged 17, had to change schools as their grandfather – a pensioner, could not provide for their maintenance and their school fees following the demise of their dad. 

Adv Polaki says the report she received from the elderly father, Thabo Molapo, was that the LDF conceded their officer had killed Mr Molapo while on duty on 5 December 2020 in Peka and that he had been subjected to internal disciplinary processes. 

“LDF officials and the then Minister of Defence (Prince Maliehe) came to pay their respects at his home. He (Thabo) further alleged that the minister made undertakings to the family which inter alia included that the LDF would pay for the deceased children’s school fees and employ one of the deceased’s family members so that such person could cater for the needs of the deceased’s children going forward. 

“He (Thabo) indicated, in his complaint, that this never materialised and further sought for clarification from the Minister’s office and the Commander of the LDF. He was informed that the undertakings were not implementable and were made by the minister at the time just to console the family.” 

Similarly, Adv Polaki says the LDF refused to compensate the Molapo family, citing that it would amount to an admission of guilt while a criminal case against the said soldier was still pending before the courts. 

“The Ombudsman came to a conclusion that the LDF is liable to compensate the deceased Molapo’s children and father, Thabo Molapo, for their loss following the death of his son, as a result of the LDF army officer’s negligence or wrongdoing. I have also come to the conclusion that the complainant and children suffered an injustice that warranted the Ombudsman’s intervention and redress. 

“The LDF is ordered to pay compensation to the minor children Tholoana and Mosa Molapo in respect of loss of support following the death of their father, Molapo Molapo. 

“LDF is to compensate the dependants of the deceased Molapo Molapo to the sum of M423 805.39 … within three months from the date of delivery of this determination. 

“I appeal to the house (parliament) to endorse the recommendations by the Ombudsman in this matter. The LDF has been silent despite several attempts by the Office of the Ombudsman to resolve this matter in an amicable manner,” Adv Polaki states.?