. . . MP spotlights controversial LMPS Facebook page
Mohloai Mpesi
Democratic Congress (DC) legislator for Tsoelike constituency, Tseliso Nkoefoshe, has blamed the police’s breathalyser tests on motorists for poor alcohol sales in towns, as imbibers avoid areas where they risk arrest and being shamed on Facebook.
Mr Nkoefoshe made the remarks to the Minister of Trade, Industry and Business Development, Mokhethi Shelile, during Thursday’s question-and-answer session in the National Assembly.
Mr Shelile was allaying fears raised by recent media reports claiming the Lesotho Flour Mills (LFM) and Maluti Mountain Brewery (MMB) were on the brink of collapse, when Mr Nkoefoshe followed up with the concern over breathalysers.
In recent months, the Lesotho Mounted Police Service (LMPS) has been publicising law breakers, including those driving under the influence of alcohol, on their Facebook page.
The police’s online naming and shaming trend has seen prominent personalities, including a top lawyer who is now suing LMPS, having their photographs publicised with articles on the offences.
Mr Nkoefoshe expressed concern that businesses were struggling due to both the increased alcohol levy and the use of breathalysers.
He said that alcohol outlets located in Central Business Districts are particularly affected because customers, fearing breathalyser detection and subsequent exposure on social media, were opting instead to drink in village shops where there is hardly any police presence.
“Has it come to the recognition of the ministry that since the introduction of the alcohol levy, the owners of businesses are complaining there is no issuance of alcohol at the brewery, and the situation is so bad that workers are being retrenched?
“Since the introduction of breathalysers, where people’s pictures are placed on Facebook, people resort to drinking in the villages where no one would chase after them. Businesses in town are affected badly,” he said.
In response, Mr Shelile said negotiations had been held between business owners and the government regarding the alcohol levy and that solutions had been found.
On the issue of breathalysers, he said this was under the jurisdiction of law enforcement but stressed that people should not drink and drive anyway.
“The year in which the levy was introduced, it was high, but negotiations were held with the industry, MMB, and business owners until a solution was found so that they could continue selling alcohol. I last had negotiations at that time, and they did not return, so I believe that things are still in order. But let me go and consult about it so that we can see whether there is something we can do about this matter.
“On the issue of law enforcement and breathalysers, that one is the matter of the police. Basotho are not supposed to drive under the influence of alcohol under any circumstances.”
Background
Concerns over the posting of breathalyser test results on social media come amid an ongoing legal battle over the practice. Prominent lawyer, Advocate Lemohang Nzuzi, has dragged the Commissioner of Police, Borotho Matsoso, to court in July this year, seeking M1.5 million compensation for posting his image on the Lesotho Mounted Police Service (LMPS) Facebook page following his arrest for drunken driving.
The posting of arrestees’ pictures on the LMPS Facebook page has stirred widespread public debate.
While some defend it as a transparency measure, others condemn the practice as a violation of fundamental human rights.
Adv Nzuzi’s photo was uploaded to the LMPS Facebook page on 10 July 2025, prompting him to file a constitutional application on Tuesday.
He argues that the police’s actions violate Sections 11, 4(1)(b), 8, and 12 of the Constitution, which guarantee the rights to privacy, dignity, protection from degrading treatment, and the presumption of innocence until proven guilty.
He seeks a declaration that the police’s practice of publishing suspects’ images on Facebook be declared unconstitutional. Additionally, he is asking the court for a mandatory interdict compelling Commissioner Matsoso to publicly retract the 10 July post and redress the prejudice caused.
Adv Nzuzi also wants the police to be compelled to adopt and adhere to a digital security policy governing the use of social media platforms by law enforcement.
He is claiming M1.5 million in constitutional damages for the alleged violation of his rights and the case is pending before the Constitutional Court.