“I am truly indispensable and very proud of it,” says Assistant Police Commissioner Sello Mosili.
Keiso Mohloboli
ASSISTANT Commissioner of Police (ACP) Sello Mosili has written a scathing response to a seven-day ultimate he was given last month “to show cause” why his two-year contract with the Lesotho Mounted Police Service (LMPS) should not be terminated.
ACP-Legal Services, Ezekiel Senti wrote to Mr Mosili on 21 April 2015, questioning the validity of the contract signed on 26 February 2015.
Although Mr Mosili reached his retirement age on 27 January 2015, he was asked to stay on by then Prime Minister, Thomas Thabane, until 2017 due to his “special skills”. He was head of the Criminal Investigation Service (CIS).
However, Acting Police Commissioner Keketso Monaheng, transferred Mr Mosili to head the Stock Theft and Detection Unit on 14 April 2015, as part of the LMPS’ restructuring. Other senior officers were also transferred in the exercise.
But Mr Mosili challenged the transfer in the High Court, with Mr Monaheng cited as the first respondent. The High Court then issued a court order allowing ACP Mosili to continue in his old post pending the hearing of the case on 30 April 2015.
But in response, ACP Senti said Mr Monaheng was concerned by Mr Mosili’s failure to obey orders.
“The Acting Commissioner of Police is very much concerned that to-date, you continue unabated to undermine lawful authority, as you have disregarded the transfer,” noted ACP Senti in the letter.
“However, he has just been made aware that you are pursuing your remedies in court regarding the transfer.
“The application you have filed will be dealt with on its own merits. For the present purposes, the issue is that of the validity of your contract-appointment.
“I am to convey to you that the Acting Commissioner of Police is aware of the fact that on 26 February 2015, his predecessor in office, the then acting Commissioner of Police, Holomo Molibeli had written to you, purportedly appointing you as Assistant Commissioner of Police for a period of two years.”
Mr Senti then cited Section 8(1) of the Police Service Act No 7 of 1998 which says: “There shall be a Police Appointment and Promotion Board which shall be responsible for the appointment and promotion of senior officers . . .”
He continues: “Thus in the view of the Acting Commissioner of Police, it is self-explanatory that the purported appointment of yourself as Assistant Commissioner was ultra vires the powers of ACP Holomo Molibeli, not to mention the fact that you do not possess any specialised or rare skills, knowledge or qualification not available within the police service.”
He added there are “many highly experienced police officers” competent enough to handle and investigate any case, “whatever its label or nature, including any other that you might have been involved in before you retired from the police service”.
“…the acting Commissioner of Police is more concerned with the indisputable position that on the fact of the case, your purported appointment was none at all, in the eyes of the law; was irregular and invalid.
“It is in the above circumstances that I convey to you the intention of the Acting Commissioner of Police to cancel the said letter written to you by the then Acting Commissioner of Police Holomo Molibeli, including the purported appointment.
“However, the Commissioner considers that before he can definitely decide to cancel the letter and appointment, so-called, you should, if you so wish, make representations to him on the matter, showing cause, if any, why he cannot take action as aforesaid.
“Should you so decide to take this opportunity and make representations, you are to do so in writing within seven days of receipt hereof, addressed to him through my office, for his consideration and decision.”
However, in his response dated 29 April 2015 and addressed to Mr Monaheng, Mr Mosili does not mince his words in showing his displeasure over the whole saga.
He notes: “I have read through the letter sent to me on 21 April 2015. I am startled due to the insolent words used with a very untoward rhetoric towards me as an individual and a policeman, and the words used by my equal in the service, ACP Senti.
“I observe from the outset that although couched as an attempt to give me a hearing, the conclusions made in the letter are appalling, not to mention the vitriolic and rancorous language used.
“All the same, I am not aware that I am undermining authority by going to court and fighting for my rights. It is also important to highlight further that I am not aware that my contract was politically motivated; rather, the contents of your letter to me seem to be profoundly infused and contaminated with politics.
“I however, implore your good office to be alive to the fact that I have asked the court to interdict the Acting Commissioner of Police – DCP, from operating as Commissioner of Police in the presence of the incumbent Commissioner of Police. I have obtained a court order in the interim. It is attached for your perusal and information.
“Now, it cannot be fair in the circumstances to make representations to the same person whose appointment is a subject of litigation before the courts of law, not only in my case, but that of the Commissioner of Police – CIV/APN/163/2015.
“It is apparent that your good office has been agitated by the application pending before the court questioning “his bona fides”. You would recall that according to the principles of fairness – a monkey cannot be a judge in his own forest. Definitely, the bias in handling the matter is beyond reproach. It is therefore unfair and wrong to ask me to make representation in the obtaining circumstances.”
ACP Mosili argues his contract is legit and that he has special skills of which he is proud.
“It is important you appreciate I was offered a contract, and I resultantly accepted. If you feel whoever offered me that contract acted ultra vires, I implore that you go to court and challenge the legality or otherwise of the decision. I have done nothing wrong during the tenure of my employment and if my contract is wantonly terminated, I will gladly approach the court.
“Please remember that I have served almost four months of my contract and have a legitimate expectation to see it through.
“The assertion that the justification given for my appointment was substandard and least-convincing is truly without merit or shall I say, disingenuous, for want of a better word. I have served as a cop for almost 35 years. I have handled some of the very serious cases in Lesotho and continue to do the same. I have acquired very important and essential skills in the process. I am truly indispensable and very proud of it.
“So, I will not concede that my appointment was a novelty; rather the word ‘novelty’ has been misconstrued or misplaced in that paragraph. My appointment was honest and took into consideration my skills and talent as a cop who has served for more than 35 years and elevated to the highest echelons in the service.
“It is important to appreciate the fact that governments operate by the presumption and or principle of perpetual succession. It is again my legitimate expectation that the current government and the police service will allow me to see through my contract and not attempt to scuttle it for no apparent reason.
“I would not delve into the misperceptions/misconceptions as elicited in Para 6 of your letter. It is a paragraph clouded with sheer verbal rancour and depicts serious insecurities. It is truly deplorable and should not have found its way to a formal letter directed to a colleague in service.”
Police spokesperson Senior Inspector Clifford Molefe confirmed receipt of ACP Mosili’s response but said he was not in a position to say anything more regarding the issue.
ACP Mosili would also not discuss the issue with the Sunday Express.
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