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Morosi Zian
The legal cases have been mounting as the commander of the Lesotho Defence Force (LDF), Lieutenant General Mojalefa Letsoela, has taken on more and more policing responsibilities and has been accused of abusing civilians in the process.
When asked if the army was effectively carrying out policing duties, Lesotho Mounted Police Service (LMPS) spokesperson, Senior Superintendent Kabelo Halahala, declined to comment. He referred this publication to the Lesotho Defence Force, whose own spokesperson, Lieutenant Colonel Sakeng Lekola, insisted that the army was only acting within its lawful duties under the Lesotho Defence Force Act 1996 to maintain order in the kingdom.
This comes after a taxi driver from Tšenola, Tšepo Matlere, filed a M$1,000,500 lawsuit against Lieutenant General Letsoela and Attorney General Rapelang Motsieloa KC in the High Court this week, claiming that he was arrested and tortured by soldiers on October 9, 2023.
According to Mr. Matlere, on that tragic day, he was driving his taxi near Lerotoli Polytechnic in Maseru when he was stopped by heavily armed soldiers who ordered him and his companion to lie down in public and handcuffed his hands behind his back.
He claimed that he was then taken to the Rajomoth Army Camp where he was interrogated “about who he was with when he stole the money”.
He said he was severely beaten after he denied stealing the money. Mr. Matre claimed that he was beaten with sticks by two soldiers for more than three hours while he lay on the ground, handcuffed on his back.
“The plaintiff was released around noon the next day without explanation for his arrest or torture. The plaintiff sought medical help and was admitted to hospital on October 10, 2023 and was released on October 13, 2023,” Mr. Matre’s court documents said.
He also claims that he suffered losses of M$1,000,500 as a result of his false arrest, detention and torture.
“The plaintiff suffered humiliation, pain and suffering, mental distress and medical expenses as a result of wrongful arrest, detention and torture committed by members of the Lesotho Defence Force in the course and scope of their employment. In the circumstances, the defendants (Letsola and Motsiro) are liable to pay the plaintiff the said amount. Despite legitimate claims by the defendants, to date, they have failed to pay the plaintiff the said amount or any part thereof,” Mr Matre said.
Mr Matlere wants the court to order Lt. Gen. Letesola to pay him RM500,000 as compensation for wrongful arrest and detention, RM250,000 as compensation for moral damage, RM250,000 as compensation for insult, RM5 million as medical expenses, and interest at 18.5 per cent per annum.
Just last month, two men filed a similar lawsuit against the army, claiming they were tortured during military interrogations.
Last month, the two men – Fatlaina Masufa from Berea Lekokoane and Selo Mabaleha from Matsen, a suburb of Maseru – filed applications in the High Court seeking compensation of DM1.75 million and DM410,000 from the army respectively.
Likewise, they claimed to have been taken to Makoanyane military camp, where they were tortured and detained.
According to Mr. Masufa’s court documents, he was about to assist two men he did not know in selling a gun in Hubetsona on February 24, 2024, when about nine soldiers arrived and demanded the gun. The court documents did not clearly state why Mr. Masufa assisted strangers in selling the gun.
Mr. Masufa insisted that he tried to explain to the soldiers that he did not have a gun and that no gun was found on him. However, he said that before he could finish his explanation, the soldiers started beating him.
He claimed he was kicked in the face, back and right rib cage. He claimed his face was swollen after he fell during the attack. He said his mouth was also bleeding.
“The plaintiff claims that he was then handcuffed and taken to Makoanyane Barracks. …
“Once there, he was interrogated by the above-mentioned officer and three other officers… The plaintiff alleges that during the interrogation, they again began to torture him… He was handcuffed with his hands and pulled behind his back, enduring severe pain,” Mr Masufa’s court documents state.
He claimed the soldiers tried to force him to admit that he knew something about guns. Mr Masufa claimed he was also tortured with electric wires about three times.
He said he was rescued by a soldier who noticed he was bleeding heavily and recommended that he be taken to hospital. The soldier then took him to Makoyane Military Hospital, where he underwent surgery to stop internal bleeding. He said he remained in hospital for about 10 days because he was in severe pain and unable to move.
On the other hand, Mr. Mabaleha said that he was arrested by four soldiers on December 18, 2023, but did not specify the reason for the arrest.
He claimed that upon his arrival at the Makoyane barracks, he was also beaten several times by members of the Left Democratic Front, who handcuffed his hands, forced him to strip naked and questioned him if he had a gun. He claimed that he was strangled with a pipe and verbally abused.
Nevertheless, despite facing the lawsuit, Lt Col Lekola insisted that the army had been acting within the scope of its job to maintain peace and order. He said the army’s duties were set out in the LDF Act 1996.
he Citing section 190 (1), it states that the Commander may “at the request of the Commissioner of Police, authorise any member or unit of the Defence Force to support or assist the Police Force in the performance of its duties under the Police Order 1971 or any law amending or replacing that Order”.
Section 190(2) also provides that “a member of the Defence Force acting under the authority of subsection (1) shall have and may exercise all the powers of a police officer of the same rank”.
“We do not investigate cases as LDF but if we receive BroadCast Unitedligence or have criminal BroadCast Unitedligence, we will follow up. So, it is still within our jurisdiction to follow up on the BroadCast Unitedligence received and help fight crime. Sometimes we even collaborate with the police in certain operations,” said Lt. Col. Lekola.
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