…but they first want a court to order to protect them from torture
…they are wanted over a spate of violent murders
Moorosi Tsiane
TWO famo gang leaders and six of their followers, who are being hunted by the police, over a spate of violent crimes, say they are ready to surrender themselves to authorities. But they have asked the High Court to protect them from being tortured.
They also want to be interrogated in the presence of their lawyers.
The two leaders are Sarele “Lehlanya” Sello and Tšepiso “Mosotho” Malora/Radebe, who belong to the outlawed Terene ea Mokata Lirope group.
Their six followers are; Molisana Sekola, Thamae Mpiti, Pokane Taeli Phalatsi, Ponto Rajane, Thamanyane Phatsisi and Tefo Koma.
Their group has been linked to several violent murders, including one in which five family members were brutally shot and killed in Leribe district in April.
The police had launched a manhunt for them but they are believed to have gone into hiding.
In their High Court application, they express fears that if they surrender themselves without court protection, they could be brutally tortured and possibly killed.
In an affidavit signed by Mr Sekola on their behalf, the eight state that they do not want to be subjected to the same torture meted to the Liphakoeng community by the army in April which allegedly claimed the life of one of them, Mohaila Mokotjo.
The soldiers raided Mosotho’s home on 25 April 2024 and allegedly beat up the Liphakoneg villagers, demanding that they produce Mosotho and guns. At that time, the army said it was executing its Operation Puff Adder to remove illegal firearms being used to kill people in communities. A puff adder (Marabe in Sesotho) is a highly venomous snake found in rocky parts of the country, including Liphakoeng.
The 13 villagers who were allegedly tortured by the army in Mosotho’s village have now sued army commander, Lieutenant General Mojalefa Letsoela for M31 million.
And now Mr Sekola informs the court that they have learnt that the members of the army and the police are searching for them in connection with various crimes they are alleged to have committed.
He says they have no problem of surrendering to the police but the court should protect them from being abused.
“Indeed, soon after the torture of villagers of Peka Liphakoeng, the police issued a notice informing the public that I am wanted in connection to murder cases and my picture is placed at Maseru Border,” Mr Sekola claims.
“The soldiers have been arresting members of the community and torturing them. I was informed by Thapelo Mpiti and Kabelo Lefosa that, members of LDF team who arrested them, had read to them a list of people they want, including names of the present applicants and other people whom they said are wanted by them (army). They asked them about our whereabouts and told them that they will arrest us and do the same (torture).
“I am ready and willing to report myself at any police station but I am apprehensive that the said police and soldiers may subject me to torture. From the aforesaid acts of soldiers, I am apprehensive that I may soon feature as the deceased like scores of suspects who have died in police custody unless I am afforded protection by the court.”
He gave as an example the death of Mr Mokotjo and torture of one Liteboho Mahloane who was arrested by the members of the LDF on 4 July 2024. Mr Mahloane was released five days later following a habeas corpus application by his wife, Mahlape Mahloane.
“When his body was produced per Justice Fumane Khabo’s 8 July order, both Mr Mahloane’s legs and arms were broken.”
Mr Sekola also submits that the army had raided his home earlier this month, threatened his wife and children while searching their house. He says they did not find him.
“Members of the army have no arresting powers therefore should be interdicted from arresting people.”
He therefore asks the court to allow them to have their lawyers present during police interrogations.
“I repeat that I am willing to report myself at the relevant police station after the intervention of this honourable court; as I know I am innocent and have nothing to hide. If I am to be subjected to further interrogation; I wish to exercise my constitutional right of being questioned in the presence of any one of my lawyers, namely: Advocate Makopi Lesaane and Napo Mafaesa.”
Justice ‘Maliepollo Makhetha said she would this week rule on the urgency aspect of the application. This after Adv Lesaane moved the application before this judge on Friday afternoon.
Meanwhile, the Leribe Magistrates Court charged two people for contravening the Internal Security (General) Act 1984 by declaring to be members of an unnamed famo gang.
“…unlawfully and intentionally confess to belong to an unlawful organisation or solicit financial or other support from an unlawful organisation,” part of the chargesheet read.
This allegedly happened in Maputsoe, Leribe, on 15 July 2024.
They appeared before Magistrate Tlohang Mohanoe on Friday who remanded them into the Lesotho Correctional Service (LCS) custody after they failed to pay the M10 000 bail deposit and M30 000 surety each.
They will reappear before the same court on 30 July 2024 for set down of their trial date.
The government has launched a crackdown of famo gangs in an attempt to rein in the ever-escalating murder rates which have catapulted Lesotho into one of the top six most homicidal countries in the world.