Tefo Tefo
A LESOTHO Correctional Service (LCS) who is suing the government over “dubious” promotions in the institution has accused the correctional service authorities and the government of hiding behind a technicality to defend a clear illegality that was committed when promoting some officers.
Sergeant Bokang Ramotena makes the accusation in her reply to the affidavit filed by LCS commissioner ‘Matefo Makhalemele in a court challenge where she wants the Constitutional Court to nullify the LCS promotions made on 1 June, 2017.
Sgt Ramotena lodged a constitutional claim in August this year on the grounds that the promotions of 27 officers effected by commissioner Makhalemele contravened the law as they were allegedly based on nepotism.
Commissioner Makhalemele, who is currently on leave, insisted in her answering papers last month that the promotions were done in compliance with the law and procedure.
The commissioner also states that Sgt Ramotena does not have the locus standi (a legal term for legal standing) to institute court proceedings.
This, Sgt Ramotena argues in her replying affidavit filed in court on Thursday, is a technicality that the authorities are trying to hide behind instead of facing the challenge she filed.
“I have made a case for constitutional review and the respondents having failed to justify their illegalities they hid behind common law rule of locus standi to deprive the court of opportunity to scrutinise their illegalities hence my assertion that the court should do away with locus standi requirement where promotions in the public institutions do not follow dictates of the law,” Sgt Ramotena.
“The court is constitutionally empowered to have checks and balance powers over illegal administrative actions which the present one squarely falls into.
“It is my case that the promotions were not done in the spirit of the constitution and other subordinate acts.”
She further dismissed the allegation that she was promoted together with her husband under controversial circumstances, saying she was promoted on merit as she sat for a test in which she scored good marks for her to be promoted to a rank of a sergeant in 2014.
“I further deny that I was promoted at the same time with my husband. I was promoted in 2014 and that was after I wrote a test and passed. The score sheet is in the possession of 1st respondent and she is invited to produce it as I know for a fact that I did write a test and passed when promoted. The marks were displayed on the notice boards.”
The first respondent is the commissioner of the LCS.
Commissioner Makhalemele had said the promotions were done in compliance with the Lesotho Correctional Service Act of 2016.
In her affidavit, she said the procedure and guidelines adopted in the past prior to the enactment of the 2016 law differed from time to time as they were set out by the individual commissioners who occupied the office.
“I submit that the promotion guidelines used in the past were developed from time to time by the individual commissioners as there was no law which clearly stated how things should be done.
“I aver that when we were promoting in respect of the promotions that form the subject matter of the present litigation, we did not follow any procedure or guideline we used in the past. We followed the provisions of the new Lesotho Correctional Service Act of 2016.
“I wish to specifically state that the law was followed during the promotions that form subject matter of this litigation,” Commissioner Makhalemele stated.
She also maintained that the panel that was responsible for approving promotions was properly constituted because it made a quorum as required by the law.
“I aver that on the issue of quorum, the quorum requirement was complied with. We were five.
“It was the commissioner as chairperson, two members from Public Service and Ministry of Law, Deputy Commissioner and secretary taking minutes.
“The deputy commissioner was excused as one of the positions to be considered was that of the deputy commissioner,” she said, adding the board followed its own procedure as per the law.
However, a date for hearing the case has not been set as the replying affidavit was only filed on Thursday.
Commissioner Makhalemele was sent on a forced leave of 67 days on 18 July 2017 as part of the government’s shakeup of the security sector.
The new positions which were announced through the Corrections Internal Circular Notice No. 45 of 2017 dated 20 June 2017, range from the ranks of correctional officer to deputy commissioner.
In her initial court papers, Sgt Ramotena argues that the promotions were made on the basis of corruption and nepotism.
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