Moorosi Tsiane
LESOTHO’s First Secretary at the Brussels Embassy in Belgium, Sello Mohlomi, has launched a fierce legal battle to cling to his diplomatic post and avoid repaying an alleged M600 000 salary overpayment.
In an urgent High Court application filed this week, Mr Mohlomi seeks to interdict and restrain the Ministry of Foreign Affairs from recalling him and appointing his replacement, Makeithabetse Palime, arguing that both actions are unconstitutional under the recently enacted Tenth Amendment to the Constitution of Lesotho.
The legal tussle follows a 11 September 2025 letter from the Ministry’s Principal Secretary (PS), Thabang Lekhela, informing Mr Mohlomi that his deployment — initially approved by the Public Service Commission (PSC) on 11 August 2022 — would come to an end at the close of October 2025.
Mr Lekhela, the Public Service Commission, the Ministry of Public Service, the Secretary of the Public Service Commission, Ms Palime, and Attorney General Rapelang Motsieloa are cited as the first to sixth respondents in the matter.
Mr Mohlomi, who assumed his post in October 2022, claims he only became aware of the alleged overpayment in April 2025 when the government raised the issue with him and other diplomats stationed in Belgium. The government has since calculated that he owes approximately M600 000, and in July 2025, began formal steps to recover the money.
However, Mr Mohlomi argues that his recall and replacement are unlawful, contending that under the Tenth Amendment, the Ministry of Foreign Affairs and the PSC have no authority to recall or appoint career diplomats until enabling legislation is passed by Parliament.
“On or around January 2025, I had orally been informed that I had been overpaid, together with other diplomats in Brussels since the time I was deployed on my tour of duty… According to the calculations of the overpayment, the balance I owe the government of Lesotho is estimated to be approximately M600 000,” Mr Mohlomi states in his founding affidavit.
He says on 11 September 2025, PS Lekhela informed him in writing that his tour of duty would end on 2 October 2025, later extended to 31 October 2025.
“I genuinely had no idea that I had been overpaid until I was informed, and I am now expected to repay those overpayments. I am not here on secondment, and if I am recalled, I will be unemployed with no means of income. My end-of-tour benefits were going to be my only means of survival for my family. I simply cannot afford to pay the said bill,” he avers.
He further argues that the overpayment was not his fault.
“The fault in the overpayment was not due to any misrepresentation on my part. I am completely innocent in the mistake that happened and should not be prejudiced by a fault that does not emanate from my own actions.”
Mr Mohlomi cites Sections 143B(5) and 156(3) of the Tenth Amendment, which he says impose an 18-month moratorium on the recall and appointment of foreign service officers until a competent authority is created by Parliament.
He insists that until such an authority is established, any attempt to remove or replace him is unconstitutional and void.
Additionally, he pleads that being prematurely recalled will plunge him into severe financial hardships, making it impossible to repay the debt since he would return home jobless and without income. His diplomatic benefits—including terminal gratuity, salary, and housing allowance- are his only means of supporting his wife and two children.
He therefore prays for the court to: Interdict the government from recalling him and appointing Ms Palime pending finalization of the case; Declare that he is entitled to remain in office as First Secretary until the lawful authority contemplated under the Tenth Amendment is established; and Order the continuation of his salary and diplomatic benefits, including accommodation, while reviewing and setting aside the decisions to recall him and appoint Ms Palime as his successor.
According to court papers, Mr Mohlomi maintains that he is a career diplomat, not a political appointee or seconded official, and thus protected under the transitional provisions of the Tenth Amendment.
“I have a legitimate expectation that my tour contract would be extended by eighteen months until Parliament would have otherwise intervened,” he submits.
He further warns that if the recall proceeds, the government will likely withhold his terminal benefits to recover the debt—an amount insufficient to clear the full M600 000—leaving him and his family destitute and unable to find new employment.