Hopolang Mokhopi
THE five inmates who escaped from the Maseru Central Correctional Institution (MCCI) in December 2023 will each spend an additional five years behind bars.
This follows their conviction for escaping lawful custody by the Maseru Magistrates’ Court, presided over by Magistrate Mohlomi Qhomane, with Crown Prosecutor Advocate Keketso Motiki leading the state’s case.
Magistrate Qhomane sentenced the escapees to either a fine of M30,000 or 10 years’ imprisonment, of which five years are suspended for three years on condition they do not commit similar offences.
The six escapees were initially identified as Tumelo Mpopo, Bokang Molengoane, Seboka Motumi, Rethabile Tlali, Aumane Nkoale, and Bokang Tsoako.
However, Tsoako never stood trial after he was fatally assaulted by Lesotho Correctional Service (LCS) officers upon his recapture on 22 December 2023 at the Ha ’Mamochochoko Orphanage in Maseru.
The rest were eventually tracked down and apprehended between December 2023 and January 2024 in various locations, including Maseru, Ramabanta, Qacha’s Nek, and even Bloemfontein, South Africa, before being brought back into custody.
In delivering judgment, Magistrate Qhomane said while the men expressed remorse, their actions warranted a stern penalty to serve as a deterrent.
“The court has observed that you are breadwinners of your families, and that you have already endured some punishment through the time spent in custody awaiting trial. However, escaping from lawful custody is a serious offence, and this sentence must serve as a warning to others,” Magistrate Qhomane said.
Background
The jailbreak occurred on the night of 21 December 2023, when the six men slipped out of the maximum-security prison.
Tlali and Nkoale were quickly recaptured that same night near the Maseru Female Correctional Facility and the Police Training College. The following day, Tsoako was found in Mohalalitoe, Maseru, at the Mochochoko Orphanage while Motumi was caught in Ha Mantša in the Ramabanta area.
Mpopo managed to evade capture until 4 January 2024, when he was arrested in Qacha’s Nek. Molengoane fled across the border but was eventually tracked down in Bloemfontein, South Africa, later that month and deported back to Lesotho.
In the aftermath of the escape, the LCS launched a massive prison search on 22 December 2023, in an operation which turned violent, with 626 inmates reportedly tortured by recruits who had been tasked with restoring order.
The jailbreak and the violent crackdown that followed later became the subject of a Commission of Inquiry made up of High Court’s Justice Realeboha Mathaba (chairman), former deputy prime minister and human rights lawyer Adv Kelebone Maope KC and former LCS Commissioner Mojalefa Thulo.
Its findings were tabled before Parliament on Wednesday by Minister of Education and Training Professor Ntoi Rapapa on behalf of Prime Minister Sam Matekane.
The report painted a damning picture of the LCS, describing it as an institution riddled with mistrust, complacency and ineffective leadership.
It highlighted glaring security lapses, including unmanned guard posts, inadequate night patrols and failure to carry out regular cell inspections.
While officers were commended for the speed with which they recaptured the fugitives, the Commission condemned the widespread human rights abuses that followed, saying they violated both national laws and international conventions.
The panel recommended disciplinary action and possible prosecution of senior officers, including MCCI Commanding Officer Assistant Commissioner Tsoto Manaka, for failing to prevent the escape and for not reporting Tsoako’s death to the police as required by law.
Inmates had told the Commission how they were beaten with fighting sticks, knobkerries, broomsticks, mop sticks, steel-toe gumboots and belts.
Others said they were pierced between the shoulder blades with a plank embedded with nails. Given the high prevalence of HIV in prison, many expressed fears that the assaults could have exposed them to infection.
Medical evidence presented before the Commission of Inquiry confirmed the brutality.
Nurse Khubelu Faso from the MCCI clinic testified that approximately 80 inmates required immediate attention after the crackdown, 10 of whom were referred to external hospitals. About 120 others with bruises were given painkillers without being properly examined. Some inmates were left with fractured bones and lasting injuries. One of the worst cases was that of Tlotliso Bereng, who entered prison in full health but was left permanently paralysed and is now wheelchair-bound.