Moorosi Tsiane 

TWO Mafeteng men are demanding a joint M2.6 million from?army commander, Lieutenant General (Lt-Gen) Mojalefa Letsoela, after they were allegedly tortured by members of the Lesotho Defence Force (LDF). 

The duo of Elliot Molise Khotle and Thabang Mohale instituted a combined lawsuit against Lt-Gen Letsoela this past week in the High Court, claiming they were unlawfully beaten by soldiers on 2 April 2022 while drinking at Cringos Public Bar in Mafeteng. 

According to Mr Khotle, a group of soldiers stormed the bar at around 2am on that day and started assaulting patrons with sticks and a sword. He said from those soldiers, they could identify one of them by the name of Motanyane, whom they had earlier been drinking with at the bar. 

Lt-Gen Letsoela and Attorney General Rapelang Motsieloa are cited as first and second defendants in the matter. 

“…Amongst persons who were enjoying beer there was Motanyane, who after 11pm when alcohol prices were hiked, refused to pay a full price for his drink,” Mr Khotle states in his founding affidavit. 

“He forcibly went in and out through paths and entries reserved for the bar staff, asking from time to time whether the staff knew who he was. Ultimately, he invited the army of soldiers who assaulted plaintiffs and all other persons thereat. 

“Amongst others, first plaintiff (Khotle) was assaulted with a stick all over the body and his right hand was cut with a sharp sword, with the resultant permanent disablement of his right-hand finger. As a result, the first plaintiff’s right hand and/or right hand finger no longer functions properly as it can no longer carry heavy objects.” 

Mr Khotle therefore argues that due to the torture he can no longer fend for his family as he could only do odd jobs because he is not educated. He is therefore claiming?M600?000 compensation from the army. 

“By reason of the said torture, first plaintiff sustained serious bodily injuries including permanently disabled hand and/or right hand-finger. His dignity was also seriously impaired; as a result, he has suffered damages in the sum of M600 000 for psychiatric injury, emotional shock, serious bodily harm, loss of livelihood and hospital expenses in respect of which he holds the LDF and/or the government liable. At all material times, the soldiers were members of the Lesotho Defence Force and acting within the scope of their employment,”?Mr Khotle’s affidavit reads. 

Mr Mohale on the other hand submits that due to the brutal assault by the said soldiers he had to spend 42 days at Queen ‘Mamohato Memorial Hospital (QMMH). 

“This soldier chased and got the plaintiff (Mohale) who fell on the ground and this unknown soldier brutally assaulted him to the extent that he passed out. When he regained consciousness, the plaintiff realised he was in the back of a police car, his whole body was very painful and he was taken to Mafeteng Government Hospital whereupon in the morning, was transferred to Tšepong Hospital (QMMH) due to the severity of his injuries. 

“Second plaintiff was admitted at Tšepong for about 42 days; tubes were inserted in his body to help with urination due to the fact that his bladder and waist were affected due to brutal assaults meted out to him by members of the LDF. He has not recovered to date so much that he is currently nursing his painful waist and walks with difficulty, he also attends check-ups regularly,” Mr Mohale states in his supporting affidavit. 

Mr Mohale therefore demands M2?million as compensation, citing that he could no longer support his family financially as he used to survive by doing odd jobs. 

“Plaintiff used to earn a living for his family which consists of himself, his wife and two minor children via hard physical labour. He is no longer able to carry out these functions as he is not in a state of working at all. By reason of the said torture, the second plaintiff sustained serious bodily injuries. He has suffered damages in the sum of M2 million for serious bodily harm, emotional shock, loss of livelihood and hospital expenses in respect of which he holds LDF and the government liable.” 

Neither Lt-Gen Letsoela nor Advocate Motsieloa had filed their opposing papers by Friday when the High Court registry closed for the weekend.?