Nat Molomo
MASERU — A Maseru woman is suing the Commissioner of Correctional Service for allegedly denying her the right to visit her brother in prison.
Nteboheleng Sekonyela filed her papers in the High Court on July 12 after prison warders allegedly repeatedly refused her permission to see her brother, Chief Sekonyela, who was jailed for murder in April last year.
Chief was sentenced to 20 years in prison by Justice Nthomeng Majara after being convicted of fatally shooting his mother.
Apart from the commissioner other respondents are the Minister of Justice and Correctional Services Mophato Monyake and the Attorney-General Tsokolo Makhethe. In her affidavit Sekonyela says she had been visiting her brother without problems since April 2012.
She says the situation however changed at the beginning of this month when prison officers “boldly” told her that they had been instructed by their superiors to limit her brother’s visitation rights. She says she was told that she could not see her brother until further notice.
“I was informed further that this restriction on visitations is not applicable to all inmates but to my brother and a chosen few who are deemed to be trouble makers,” Sekonyela says.
She states that the officers did not tell her of any trouble her brother had made.
Her lawyer Advocate Ts’abeha Ts’abeha visited her brother on July 5 but he too was told that he could not see him.
Sekonyela suspects that her brother is under extreme stress and depression.
She explains that on making enquiries she was told that the decision was made immediately after the recent events that sparked violence at the Correctional Service.
“I have heard from other people who are still allowed to visit their relatives at the prison that I and my counsel are denied access to visit the second applicant (Chief) herein because the 2nd applicant (Chief) is one of the prisoners who has been beaten near death by the prison authorities in the recent unrest that took place at the prison (sic),” Sekonyela explains.
She says she has reason to believe the allegations to be true in light of the prison officers’ persistent refusal to allow her and her lawyer access to Chief.
She wants the court to compel the Commissioner of Correctional Service to restore Chief’s right to be visited.
“I submit that this abrupt restriction on my brother is illegal and unlawful in the premises as it does not extend to all inmates and because it is not sanctioned by any court of law.”
“It is the constitutional right of every inmate to enjoy visitation by his lawyer and family members and friends …”
She says although this right can be regulated it cannot be abrogated without due process of the law.
Sekonyela wants the case to be heard urgently because her brother “cannot be expected to live his life without his basic needs which we normally provide whenever he has requested them”.
When contacted for comment ‘Mateboho Mphielo, the Public Relations officer for Lesotho Correctional Service, said her office was unaware of the case but she will check tomorrow.