Moorosi Tsiane
A Lithabaneng woman is suing the Commander of the Lesotho Defence Force (LDF), Lieutenant General (Lt-Gen) Mojalefa Letsoela, for M1.5 million after she was hit by a stray bullet while soldiers were conducting a security operation in her neighbourhood.
According to court papers filed in the High Court, Tiisetso Mabusa, who lives in Lithabaneng, Maseru said moments after hearing noises from outside her house, she was struck by a bullet while studying in the evening on 14 March 2023.
Lt-Gen Letsoela and the Attorney General, Rapelang Motsieloa, are cited as first and second respondents, respectively.
“On the 14th day of March 2023 the applicant (Tiisetso) was with her mother at her home in Lithabaneng in the district of Maseru. While studying in the comfort of her home she heard a commotion coming from outside in their yard. She was then hit on her left shoulder with (sic) a bullet while still inside the house which came in through the window (sic),” reads the court papers.
Startled after realising she was bleeding, Ms Mabusa called out to alert her mother, Matiisetso Mabusa, who rushed to open the door only to meet with armed LDF soldiers.
“When my mother went to open the door she then discovered that it was the members of the Lesotho Defence Force and they explained that they were on a sectional security operation and there was a man lying outside on the ground who seemed to have been shot,” the papers state.
Apparently, the soldiers had been chasing after a particular man and in the process of shooting at him, a bullet strayed, hitting Mabusa who was in her house nearby.
The soldiers rushed her to Makoanyane Hospital from where she was referred to Queen Mamohato Memorial Hospital for further treatment.
Medical reports revealed that Ms Mabusa sustained two open wounds measuring between one and six centimetres in diameter on her left deltoid muscle, which has since limited her ability to move the upper part of that arm.
“I had an entry wound, but no exit wound and bullet fragments were not removed from my shoulder. To date the fragments are still inside the shoulder,” said Ms Mabusa.
To this day, she lives with bullet fragments embedded in her shoulder, a constant reminder of the events of that fateful day.
Mabusa says she repeatedly asked LDF officers to facilitate for her to get another medical examination to determine the extent of her injuries, but no assistance has been forthcoming.
“I asked to get a second opinion on whether the fragments cannot be removed and whether they would not cause problems for me in the future if they were not removed but that was never done. I continue to suffer pains on the left shoulder on some days even now (sic). After the shooting I was not able to carry the school bag as I had sustained an injury on the left arm and the members of the LDF would take me to school and back from March to November 2023.”
Ms Mabusa accuses the LDF of gross negligence, arguing that as trained professionals, they should have foreseen the danger of opening fire near civilian residences.
“The members of the LDF as professionals and well-trained firearm handlers ought to have foreseen the danger that could occur when shooting near my home using the kind of firearms they were using. They however failed and/or neglected to exercise caution in executing their duty and as result of their negligence I was injured,” she said.
She adds that the pain, disfigurement, and limitations caused by the injury have deeply limited her daily life.
“I can no longer do the things I used to do like carry heavy things due to the shoulder injury which is a result of their action,” she added.
While the army has never denied liability and has paid for her medical bills so far, Ms Mabusa says they failed to honour their promise to take her to Bloemfontein for a second medical opinion.
“The members of the LDF never denied liability and have always been the ones who take care of my medical expenses and transport when going for medical check-up. There have been several meetings between my legal representatives and the office of the Commander LDF and they promised to take me to Bloemfontein for a second opinion to no avail,” she said.
Despite repeated demands from her lawyers, Ms Mabusa says the army has refused to compensate her, forcing her to seek redress in court.
She is demanding M500 000 for pain and suffering, M500 000 for future medical expenses, M250 000 for disfigurement, and M250 000 for loss of amenities to life.
Lt-Gen Letsoela is yet to file his responding papers in the matter.