Moorosi Tsiane
AFTER failing to have the?Lesotho Times?closed down, former Police Commissioner, Holomo Molibeli, is now suing the newspaper for?M2 million for “defamation”.
Mr Molibeli filed his latest High Court application last week claiming the?Lesotho Times?had, in its 7 March 2024 edition, defamed him via an article headlined, “Molibeli implicated in M40 million fraud”.
The?Lesotho Times?publisher, Africa Media Holdings, one Letuka Mame and the?Lesotho Times?are cited as first to third respondents respectively.
He claims the information contained in the article was defamatory, arguing that it was intended to mean that he (Molibeli) was in cahoots with Tholo Energy owner, Thabiso Moroahae, to falsely implicate the Shelly Brown owners, Tumisang Thahanyane and Malerato Khutlisi, and others as suspects in the M40 million saga.
“The publication in the Lesotho Times of the above information about and concerning the plaintiff (Molibeli) was defamatory per se. Alternatively, the published information was intended to have the effect or to mean and/or was read and understood to mean that Messrs Molibeli and Moroahae engineered a fraudulent and corrupt scheme to falsely implicate the suspects and arrestees were falsely arrested to avoid the true suspect who was Mr Moroahae; and that plaintiff, through the scheme, achieved the forfeiture or preservation orders by the courts through corrupt and fraudulent means,” Mr Molibeli claims through his lawyer, Tekane Maqakachane.
Ms Khutlisi and Mr Thahanyane were in January this year charged by the Maseru Magistrates Court for defrauding Tholo Energy of M40 million. Mr Thahanyane was Tholo Energy’s chief financial officer when the money allegedly went missing between 2018 and 2023. He was accused of “stealing” the money by depositing part of it into his wife, Ms Khutlisi’s accounts.
The couple was charged alongside Victor Makhetha, Malerato Khutlisi, Lisebo Sepheakhang, Siene Ratsiu, Siene Supplies, Lehlohonolo Teba, Ntaso Khanyapa, Moratuoa Hlongoa, Talenta Masoatsa, Thabana Thabana, Lineo Khotseng, Tloaelo Khutlisi, Ntsane Nyai and Lereko Matlotlo.
Mr Thahanyane and his 14 acquaintances appeared before Resident Magistrate Motlatsi Kolisang on 26 January 2024 who conferred them with the fraud, theft, and money laundering charges.
Mr Thahanyane was further charged with misappropriation of funds and abuse of power.
Magistrate Kolisang released him on M15 000 bail and M70 000 surety, while his co-accused were released on M10 000 bail and M50 000 surety each.
They were charged alongside three companies; Vicmo Industrial Supply, City Metal (Pty) Ltd and Earthly Market, which were allegedly used to swindle the monies from Tholo Energy.
The police then secured an order from Justice Polo Banyane on 8 February 2024 to attach Shelly Brown owners and others’ assets over their participation in the alleged theft of the M40 million from Tholo Energy.
But Ms Khutlisi came out guns blazing on 4 March 2024 seeking the rescission of the High Court’s detachment order, alleging the charges against her and her husband were a “smokescreen” to hide the true origins of the money.
She claimed the money was stolen from Let?eng Diamond by Tholo Energy owner, Thabiso Moroahae, when his company was supplying fuel to the mine. She also accused Mr Molibeli of usurping the Directorate on Corruption and Economic Offences (DCEO) powers by hijacking the case in order to protect Mr Moroahae from possible prosecution by the DCEO. In fact, she accuses Mr Moroahae of personally deploying the police officers to her Ha Thamae Home and Shelly Brown premises and of buying them lunch on the day they took her property.
The?Lesotho Times?article merely reported on?Ms Khutlisi’s affidavit.
But Mr Molibeli feels the article damaged his reputation by portraying him as a corrupt individual who participated in fraud and money laundering activities.
“Plaintiff’s reputation was thus violated by the aforesaid publication as the public now view Plaintiff as being involved in corruption, fraud, and money laundering and having engineered a scheme to falsely charge the suspects while protecting Moroahae and also lying to the courts and getting preservation orders by false pretences,” he claims in his court papers.
Mr Molibeli argues the publication never afforded him the opportunity to defend himself against the allegations which had been levelled against him by Ms Khutlisi.
“It is clear from the article itself, that no attempt at all was made to consult the plaintiff or question the plaintiff about the allegation; no response was ever solicited from the plaintiff for purpose of hearing the plaintiff’s side of the story before any publication was made,” he submitted.
Mr Molibeli therefore seeks the court to order the?Lesotho Times?to pay him M2?million as damages for defamation.
“The words and information as communicated and published by the defendants defamed the plaintiff in its good name, character, and reputation. Plaintiff estimation in the right-thinking members of the society was lowered and plaintiff reputation was thus impaired and injured. The publication of the information aforesaid was in the intentional and malicious as it was published with the purpose to injure the plaintiff.
“Plaintiff object to the mediation of the matter in terms of High Court mediation rules and prays that the court enter judgement against the defendants, jointly and severally as follows: M2?million damages for defamation on plaintiff good name, character and reputation,” he argues.
However, it appears Mr Molibeli is again a victim of shoddy legal advice.? A newspaper cannot be sued for reporting about court proceedings which are public processes. Just as a newspaper cannot be sued for reporting on public parliamentary proceedings no matter how defamatory the contents of such proceedings.
His latest action came?after he failed to get the?Lesotho Times?shut down, claiming it was operating “illegally” in “violation” of the Printing and Publications Act, of 1967.? Justice Keketso Moahloli, dismissed Mr Molibeli’s shut down bid with costs.