…which led to his murder charge
Moorosi Tsiane
LESOTHO Correctional Service (LCS) Head of Security Operations, Senior Assistant Commissioner (SAC) Matete Mahao, has petitioned the High Court to have the report of the Commission of Inquiry into the December 2023 Escape of Inmates from Maseru Central Correctional Institution (MCCI) nullified.
SAC Mahao is one of 10 LCS officers charged in connection with the 22 December 2023 murder of inmate Bokang Tsoako.
The officers were arraigned before the Maseru Magistrate’s Court on 17 February 2026 and were later granted bail of M2000 each by the High Court on 24 February 2026.
The other accused are Paseka Mpokothi (36), Palo Possa (56), Tšepo George (37), Sacaeea Ratsetse (45), Kutloisiso Nthonyane (50), Kamohelo Masebole (34), Thabo Moiloa (39), Kholuoe Phasumane (43) and Mokiba Mokiba (44).
The 10 officers were accused by the commission of assaulting Tsoako and more than 600 other inmates following a prison break at the Maseru Central Correctional Institution (MCCI). Tsoako later died from his injuries while another inmate, Tlotliso Bereng, was left wheelchair-bound. Hundreds of others reportedly sustained injuries.
The alleged assaults occurred after six inmates — Tumelo Mpopo, Bokang Molengoane, Seboka Motumi, Rethabile Tlali, Aumane Nkoale and Tsoako — escaped from the MCCI on 21 December 2023.
They were later recaptured in different locations including Maseru, Ramabanta, Qacha’s Nek and Bloemfontein in South Africa. Tsoako was recaptured at Ha ’Mamochochoko Orphanage in Maseru. It is alleged that he was brutally assaulted upon his return to prison and later died from his injuries.
Tsoako’s death prompted the Minister of Law and Justice, Richard Ramoeletsi, to advise Prime Minister Sam Matekane to establish a commission of inquiry to investigate the matter.
Its mandate included investigating the circumstances surrounding the escape of inmates from MCCI, evaluating the facility’s security measures, determining how force was used during the search operation and establishing the circumstances that led to Tsoako’s death.
The inquiry was chaired by High Court’s Justice Realeboha Mathaba, assisted by former deputy prime minister Advocate Kelebone Maope and former LCS Commissioner Mojalefa Thulo.
Hearings began on 13 May 2024 and continued until 26 September 2024. Although the final report was initially expected by 31 March 2025, it was eventually handed over to Mr Matekane in May 2025.
The commission recommended that several LCS officers be prosecuted, including the 10 now facing charges. Police investigations later linked the 10 to Tsoako’s death, leading to their prosecution.
SAC Mahao has now approached the High Court challenging the legality of the commission’s findings and seeking to have his arraignment nullified.
In his court papers, he argues that the commission’s report unfairly portrays him as responsible for the incident despite the fact that he had previously raised serious security concerns at MCCI before the prison escape.
He also rejects allegations that he attempted to conceal CCTV footage, saying the claims are an attempt to shift blame onto him and make him a scapegoat.
SAC Mahao argues that during his testimony before the commission, he explained that his responsibilities were limited to strategic planning and budgeting for security operations.
He first testified before the commission on 15 July 2024 but was later recalled on 23 July 2024 for cross-examination after it was alleged that he had implicated one Chief Officer Ratšele in his earlier testimony.
SAC Mahao denies the allegation, saying he merely mentioned the officer as one of the officials he had spoken to about security weaknesses prior to the escape.
He was recalled again on 23 September 2024 where he was cross-examined by Superintendent Tsunyane and Assistant Commissioner Tsoto Manaka who is in charge of MCCI.
According to SAC Mahao, operational security responsibilities within the correctional service were reassigned to regional commanders in February 2012, leaving his office responsible only for strategic planning and budgeting.
He said the implementation of security measures at correctional facilities was therefore the responsibility of regional commanders, who reported directly to the LCS commissioner.
SAC Mahao further claims he told the commission that during a routine inspection at the Maseru prison prior to the escape he discovered that a security tower in the maximum-security section was unmanned.
He said he raised the concern with AC Manaka, who was the regional commander in Maseru at the time, and recommended that an officer be temporarily redeployed from another tower to cover the position due to staff shortages.
SAC Mahao said he expected the recommendation to be implemented but that did not happen. He says he also rejected allegations that he attempted to conceal CCTV footage related to the incident.
According to him, after the escape and the recapture of the inmates, the then LCS commissioner, Mating Nkakala, instructed several officers to accompany him to a meeting with the Ombudsman, Tlotliso Polaki, who was also conducting investigations.
SAC Mahao said the group viewed part of the security footage together before they were instructed to stop viewing it after the commissioner received a call indicating that the minister would also come to view the footage.
He maintains that there was never any conspiracy to conceal the footage.
SAC Mahao also argues that the commission’s report cannot legally be implemented because it has not been tabled before both the National Assembly and the Senate within the required 15 sitting days after its submission.
He says the law requires such reports to be scrutinised by Parliament before action could be taken on it.
He further contends that the commission exceeded its mandate by recommending disciplinary action against him.
According to him, the commission was only tasked with identifying officers involved in the death and assaults of inmates, not making adverse findings of misconduct or recommending disciplinary proceedings.
SAC Mahao also claims the report unfairly singles him out while shielding the LCS commissioner from blame and ignoring evidence that operational security at the prison was handled by regional commanders.
He argues that the findings could severely damage his reputation and career as they portray him as irresponsible and lacking integrity.
He is therefore asking the High Court to review, correct and set aside the Mathaba Commission’s report in so far as it implicates him in the escape of inmates and Tsoako’s death.