Hopolang Mokhopi
UNITED Africans Transformation (UAT) leader, Dr Mahali Phamotse, has withdrawn her M3 million defamation lawsuit against the Minister of Mining and Energy, Lejone Mpotjoane.
The case stemmed from allegations made by Mr Mpotjoane—while he was still Minister of Foreign Affairs and International Relations—that Dr Phamotse had trafficked Basotho to Russia under the guise of educational opportunities.
In her claim, Dr Phamotse had sought M2.5 million in compensatory damages, including general damages for reputational harm, aggravated damages linked to the alleged malicious and public nature of the statements, and special damages for quantifiable losses. She had also claimed an additional M500,000 in punitive damages.
However, a fortnight ago, she formally filed a notice to withdraw the matter from the High Court.
Speaking to the Sunday Express yesterday, Dr Phamotse said her decision was influenced by the realisation that any damages awarded would ultimately be paid from public funds, as she had sued Mr Mpotjoane in his official capacity.
“I have not forgiven him because he was pompous when making those trafficking allegations against me. However, I realised that pursuing the matter would mean drawing from the public purse, as the government would have to pay. That would not be fair to Basotho, hence I withdrew the case,” Dr Phamotse said.
Her lawyer, Advocate Katiso Nhlapho, said Mr Mpotjoane had denied defaming Dr Phamotse in his opposing papers. Mr Mpotjoane allegedly said he was not referring specifically to Dr Phamotse, arguing instead that his remarks were a general warning to Basotho wishing to study abroad.
Background
Dr Phamotse had approached the High Court in January 2025, seeking legal redress over statements she claimed were defamatory.
In her court papers, she stated that her political party, UAT, had entered into a legitimate private partnership with a Russian institution, Synergy University. The initiative had been designed to provide Basotho students with genuine study and work opportunities abroad. She maintained that the programme had been lawful, transparent, and aimed solely at empowering participants, with no element of deception or illegality.
She further alleged that on or about 31 January 2025, the Ministry—acting under Mr Mpotjoane’s authority—published a defamatory press statement on its official Facebook page following her own press briefing on the programme.
According to her application, the statement, along with subsequent radio interviews and media briefings by or on behalf of the minister and the ministry, contained false and damaging claims. These included assertions that she had misled the nation with non-existent scholarships, thereby portraying her as dishonest and undermining her credibility as a public figure and parliamentarian.
She also claimed that Mr Mpotjoane suggested her actions had exposed students to danger, even likening the situation to human trafficking. This, she argued, effectively imputed criminal conduct to her under the Anti-Trafficking in Persons Act of 2011.
Dr Phamotse further contended that the ministry misled the public and discouraged parents and students from participating in the programme, creating the impression that it was a deceptive scheme. She argued that such actions were beyond the ministry’s legal mandate, as the agreement between UAT and Synergy University was a private arrangement.
Her application also stated that the alleged defamatory statements were made without verification, without affording her a right of reply, and were issued negligently or with malice through official channels, lending them undue authority.
The statements, she said, were widely circulated across social media, radio platforms, and other media, reaching both local and international audiences.
Despite these challenges, she maintained that the programme had proceeded successfully, with students travelling to Russia after following proper procedures.
She also pointed to a radio interview on or about 29 August 2025, in which Mr Mpotjoane reportedly acknowledged that there had been no procedural flaws in the initiative—an admission she interpreted as undermining the earlier allegations.
Following this, her legal team issued a letter of demand on 27 August 2025, calling for the removal of the Facebook post within 48 hours, a full public apology within seven days, apologies on all radio platforms where the statements were made, and a commitment to cease further defamatory publications.
The ministry responded two days later, denying any wrongdoing and refusing to issue an apology or remove the content. According to Dr Phamotse, the response failed to address the substance of her claims and instead attempted to justify the ministry’s conduct.