Moorosi Tsiane
THE Lesotho Electricity Company (LEC) and police have been taken to the High Court over allegations that their agents unlawfully abducted a Maseru businesswoman, prompting a habeas corpus application for her to be produced before court.
The matter was heard before Justice Polo Banyane this past week after Nthabiseng Sofe’s daughter, Kekeleketso Mabafokeng Shale, filed an urgent application on 22 April 2026, seeking her release.
However, the case took a turn when Ms Sofe was released on the same day the application was argued. The court then struck the matter off the urgent roll, and it will now proceed through normal court processes.
In her application, Ms Shale sought an order compelling LEC Acting Managing Director, Tšeliso Mokela, to release her mother “dead or alive”.
In her founding affidavit, she accused LEC officials and police stationed at the utility of unlawfully detaining her mother.
“My mother runs a business entity renowned as Roots Video Hire where amongst others she sells prepaid electricity via the Suprama vending system provided by LEC,” Ms Shale stated.
She said her mother’s troubles began on 9 March 2026 when she was called to LEC offices for questioning.
“On the 9th of March 2026, my mother was called to the premises of the Lesotho Electricity Company where she was interrogated about the operations of her company, specifically about the selling of electricity via the LEC vending system.”
According to Ms Shale, her mother cooperated with investigators and attended several interrogations before being told she was a suspect.
“My mother was then told that she is indeed a suspect in what is alleged to be manipulation of the LEC vending system.”
She said audits were conducted and her mother was asked to pay M33,714.05, which she paid.
“There have been reviews and audits of the accounts of the company and she was ultimately requested to pay M33,714.05 which she paid.”
Ms Shale further alleged harassment by police stationed at LEC.
“My mother was called by the police stationed at the LEC for interrogation and she attended without problem… She was called on three different occasions until she enquired as to whether she was being charged so that she can talk to her lawyer.”
She said the police reacted angrily to the inquiry.
“The police became enraged upon the inquiry and told her that they thought she was aiding in the investigations but now that she makes incessant inquiries, she was being charged.”
She also alleged that police invaded her mother’s workplace.
“The police have gone to her workplace, invaded her space and at one point they even harshly interfered with the meter box and electricity was affected in the business working area.”
The affidavit also contains allegations of torture involving one of Ms Sofe’s employees.
“She was also interrogated and tortured by the same police… Reports indicated that she had been suffocated and fastened with rubber bands on the legs and wrists in order to prevent normal blood flow to her organs.”
Ms Shale said her mother sought legal protection and obtained an urgent order from the Commercial Court on 20 April 2026.
“As a law abiding citizen, my mother approached the commercial court and on the 20th April 2026 the court issued an order that her case should be treated as urgent.”
She said the situation escalated the following day.
“On the 21st April 2026, immediately after obtaining the court order, my mother was summoned to report herself at the offices of the LEC… and that was the last time I was able to see and talk to her.”
Efforts to locate her were unsuccessful.
“At around 1 o’clock the same day, her lawyer wrote a letter to LEC inquiring about her whereabouts and got no response.”
Ms Shale said she later received information about her mother’s condition.
“I later found out through some rumours that she had been fastened with handcuffs outside the administration block at LEC… When they realised that her condition had worsened they took her to the police clinic in Katlehong.”
At the time of filing the application, she said her mother’s whereabouts were unknown.
“As I approach the court today on 22 April 2026 I do not know where my mother is. I only know LEC as a place where electricity is sold and not as a place which has torture chambers and police cells.”
The application was moved by attorney Khotso Nthontho, while one Advocate Nkuebe represented LEC.
Respondents in the matter include Mr Mokela, Commissioner of Police Borotho Matsoso and Attorney General Rapelang Motsieloa.
Ms Sofe was released on 22 April 2026, while the application was still being argued.
The remaining issue before the court is whether her alleged arrest and detention were lawful.