Bongiwe Zihlangu

Justice Mpaphi Phumaphi, chairperson of the SADC Judicial Commission of Inquiry, says detractors of the investigative body should not start celebrating because he will not be leaving Lesotho “anytime soon”.

Addressing the Commission on Friday just before Lesotho Defence Force (LDF) Commander Lieutenant General Tlali Kamoli’s testimony, Justice Phumaphi rubbished speculation awash on social networks during the week claiming he had fled the country after receiving death threats.

“I can assure you here and now, that I will only leave this place when I’m done. Anybody who ever entertained the thought that I was going to run away, it is not about to happen,” Justice Phumaphi said.

The Botswana judge also apoligised for the Commission’s failure to interview witnesses from Monday to Thursday, stating  he had to leave the country and meet with the new chairperson of the SADC Organ on Politics, Defence and Security Cooperation.

“First I must apologise that we have had to postpone previous appointments; it was on account of touching base with the new chair of the Organ. But I believe some of you thought that I had deserted,” Justice Phumaphi said.

The SADC Judicial Commission of Inquiry was established on 3 July this year to investigate the murder of former LDF commander, Maaparankoe Mahao, by the military.

Brigadier Mahao was killed on 25 June this year during an army operation to arrest soldiers suspected of being part of a foiled plot to topple the LDF command.

The ex-LDF commander had been fingered as the ringleader of a group of soldiers involved in the alleged plot with the military later announcing he was shot outside his Mokema farm while resisting arrest. A total of 23 soldiers are currently in military detention awaiting trial by a Court Martial for the alleged mutiny.

Apart from probing Brigadier Mahao’s murder, the Commission is also mandated to establish if Lt Gen Kamoli’s dismissal as LDF commander and reinstatement were legal.

On the LDF boss’ testimony, Justice Phumaphi announced Lt Gen Kamoli had asked to address only two of the Commission’s terms in public—his reinstatement as army commander as well as allegations by the opposition that his restoration had resulted in divisions in the LDF.

The rest of the terms of reference, Justice Phumaphi said, Lt Gen Kamoli would answer in-camera.

This announcement drew mumblings of discontent from members of the public attending the hearing, forcing Justice Phumaphi to come to the LDF commander’s defense.

“Remember we are not compelling people to testify in public or in-camera. We get guidance from them for reasons that they would have given. He has given his own reasons which he will probably explain in due course,” Justice Phumaphi said.