Mohloai Mpesi
THE Public Accounts Committee (PAC) has resolved to go after the board of directors of the Lesotho Electricity Company (LEC) despite the latter’s court challenge seeking to forestall any PAC probe against it.
The PAC announced at a press conference, well attended by its members and other parliamentarians, on Thursday that it had summoned the LEC to appear before it, even as the parastatal pursues legal action to halt the ongoing PAC probe.
The latest development intensifies what appears to have become a war of attrition between the PAC and the leadership of the LEC.
The LEC board chairperson, Thabo Khasipe, filed a court application on Wednesday seeking to restrain the PAC from proceeding with its probe of the LEC.
Mr Khasipe accused the PAC of essentially acting in bad faith and harassing LEC officials appearing before it. He argued it had no mandate to probe the LEC in the manner it was doing.
The PAC has been investigating the LEC over serious allegations, including the misuse of millions in public funds, irregular tender processes, financial mismanagement, conflicts of interest, and suspected fraud, all highlighted in both recent internal and Auditor-General reports for the financial year ending March 2023.
Auditor-General, ‘Mathabo Makenete and her predecessors, have repeatedly issued adverse opinions on LEC’s finances since 2016, including a disclaimer citing widespread corruption and missing supporting documentation for transactions for the financial year ending in March 2023.
Additionally, an internal audit report by LEC’s suspended Head of Internal Audit, Thato Matsoso, covering January 2022 to January 2025 and released in March, details further abuse of public funds, including acts of staff who duplicated transactions of electricity sales by the parastatal’s vendors, possibly to facilitate theft of funds.
LEC board chairperson, Mr Khasipe, has sought an urgent constitutional court order to halt the PAC inquiry and expunge all testimony given by LEC officials from the committee’s records thus far.
The case is scheduled to be heard tomorrow in the Constitutional Court.
This is not the first instance a government entity has resorted to the courts to avoid PAC scrutiny. Earlier this year, the Ministry of Public Works and Transport filed a similar application but later withdrew it.
Such actions are seen establishing a concerning precedent if they succeed, as they allow ministries and parastatals to seek judicial intervention rather than account for their conduct.
Despite these legal manoeuvres, PAC Chairperson Machabana Lemphane-Letsie announced at a press briefing at parliament on Thursday that summons had been issued to the LEC Board to appear before the committee.
Ms Lemphane-Letsie emphasized the committee’s commitment to its constitutional responsibilities.
“We have issued summons for LEC to come before the committee so that we can proceed. We need the support of Basotho in this process,” Ms Lemphane-Letsie said.
“Once summons have been issued, the recipient has seven days to appear before the committee. That period begins tomorrow (Friday), when we expect LEC to come to parliament. Although there is a court application, we cannot assume how the court will rule, so we have proceeded with the summons.”
At the press briefing, Ms Lemphane-Letsie was joined by several members of the PAC, including Democratic Congress (DC) representatives Thabiso Lekitla (Mekaling), Lephoi Makara (Malimong), and Katleho Mabeleng (Hloahloeng).
Ruling Revolution for Prosperity (RFP) lawmakers Dr T?eliso Moroke (Matala) and Moshe Mokotoko (Matsieng) were also present. Other attendees included Basotho National Party (BNP) leader Machesetsa Mofomobe, Basotho Patriotic Party (BPP) leader, Tefo Mapesela, Alliance for Democrats (AD) lawmaker Maboiketlo Maliehe, Lesotho Congress for Democracy (LCD) legislator, Mamello Phooko, and All Basotho Convention MP Montoetsi Masoetsa. The press conference was also attended by lawmakers who are not members of the PAC.
The PAC maintained that it would not be deterred from performing its duty to hold public entities accountable.
Ms Lemphane-Letsie asserted that the PAC planned to oppose the LEC’s legal action aimed at stopping the parliamentary committee’s work. She emphasized that the courts should not be used as a refuge by those avoiding accountability.
“We intend to challenge the lawsuit and proceed with our oversight of LEC. We will wait for the court’s decision next week, though the outcome is uncertain,” she said.
“Courts should not be used to interfere with Parliament’s responsibilities. In Lesotho, we have seen too many instances where individuals seek court intervention to slow down committee proceedings.”
She further explained that the LEC’s move to seek a court order was an attempt to block the PAC from fulfilling its oversight mandate, warning that “this creates a troubling precedent”.
“The Committee is deeply concerned by the recent court application from the Lesotho Electricity Company, which seeks to prevent the PAC from performing its statutory oversight duties. Such actions undermine the rule of law, hinder parliamentary functions, and threaten the constitutional separation of powers,” Ms Lemphane-Letsie said.
“When public institutions use the courts to evade scrutiny, it sets a dangerous example, one that damages transparency and public trust. The three branches of government should respect their separate roles, working together to uphold democracy and public interest, not to avoid accountability,” she said.
Despite these challenges, she affirmed the PAC’s commitment to its work.
“Despite this attempt to obstruct us, the PAC will not be deterred. We are legally obligated to act impartially in protecting the public interest. We will continue to require LEC to account for its use of public resources and exercise our authority to demand attendance and documentation,” Mr Lemphane-Letsie said.
“We call on all Basotho, civil society, and international partners to support the PAC’s constitutional oversight role. We remain dedicated to safeguarding public funds and ensuring every cent is properly accounted for.”
Some at Parliament have expressed concern over the PAC’s decision to proceed with investigations into the LEC, despite a pending court case filed by the power utility against the committee.
Clerk the National Assembly, Advocate Fine Maema (KC), told Sunday Express on Friday that the PAC’s move to summon LEC while legal proceedings were ongoing “is problematic for parliament”.
He noted that the Speaker of the National Assembly, Tlohang Sekhamane, had previously ruled that parliament should not continue with matters that were already before the courts.
However, Adv Maema said, the situation was complicated because no official court order had been issued to halt the proceedings.
“This issue is difficult,” Adv Maema said.
“Usually, the Speaker makes rulings to stop parliamentary proceedings when there’s a related court case. But in this instance, the PAC insists on summoning LEC since they haven’t been served with a court order. That’s where the challenge lies. We’re still reviewing the matter with PAC to determine the best way forward, but it is causing complications for us.”
When asked if the situation could be considered sub judice, Adv Maema said, “That’s something the courts would have to decide. For now, I can’t comment further. PAC is operating within its own procedures, and we are still examining how to proceed.”
Meanwhile, Basotho Patriotic Party (BPP) leader, Tefo Mapesela, criticized Mr Khasipe’s claims that the PAC was “humiliating” LEC officials during its hearings.
“It’s absurd to suggest the PAC is humiliating the LEC when it calls the company and ministries to account for public funds. That’s not humiliation—officials are simply being held accountable. Anyone in public office should expect to answer questions, whether they like it or not. If the job is too tough, they must resign,” Mr Mapesela said.
“We conduct investigations for parliament, and if corruption is suspected, the DCEO and police—who attend PAC sessions—can investigate further and make arrests where necessary.”
Ministry of Energy Principal Secretary, Tankiso Phapano, issued a press statement on Thursday, following the PAC’s press conference, expressing concern about the PAC’s treatment of the LEC’s board and management members.
He specifically mentioned an incident where the PAC allegedly locked the board members inside parliament on Tuesday night.
The PAC had been insistent that evening that the LEC Board would not leave the room until it had provided the committee with the information it sought.
“As government, we are worried about the mistreatment of the LEC board and management by the PAC, including the incident where the board was locked inside parliament premises,” Mr Phapano said.
Mr Phapano acknowledged that the Auditor-General’s report for 2022-2023 had highlighted misuse of public funds at the LEC.
But after receiving the report, he said the LEC Board had suspended the company’s executive management and appointed an acting management team pending further investigations.
“We presented the report to parliament and to the LEC board, which decided a thorough forensic audit should be conducted to uncover the root causes of the financial mismanagement,” he said.
The LEC’s management had been suspended to ensure the forensic audit, now underway by the Auditor-General’s office, could proceed without interference.
“To fill the gap left by the suspended management, the LEC board appointed acting officials as allowed by the Labour Act 2024, section 6 (2) and (3),” Mr Phapano said.