Fresh contempt of court charge for army
MASERU — The Lesotho Defence Force (LDF) top brass is facing a fresh contempt of court charge after they allegedly ignored a High Court order to accept a junior soldier’s sick leave application on Monday.
The order was issued by Justice ’Maseforo Mahase.
Lieutenant Colonel Tau, commander of 11 Battalion of His Majesty’s Light Infantry Brigade, could be jailed if Justice Mahase finds him guilty of the contempt charge when she hears the case on October 15.
The LDF commander Lieutenant General Tlali Kamoli and his deputy Major General Motšomotšo have also been cited in the contempt charge for signing and authorising a recently introduced rule that overruled Justice Mahase’s order.
Justice Mahase on September 7 issued an interim order interdicting Lt Gen Kamoli and Tau from rejecting Private Theko Lerotholi sick leaves pending the finalisation of the main case on whether the army should allow or reject such leaves.
Despite the clear order, only 11 days later Lt Gen Kamoli allegedly authorised the introduction of the Lesotho Defence Force Sick Parade Standard Operating Procedures (SOPs) and have them signed for by Motšomotšo.
“What is surprising and shocking is that these SOPs, which came into operation on Tuesday 18th September 2012 after the Interim Order was issued by the Honourable Justice of this Honourable Court on Friday 7th September 2012, seem to be a tool intended for the respondents to counter the order of court to the detriment of the health conditions of the applicant,” says Lerotholi’s lawyer Advocate ’Mole Khumalo in court papers.
“Thus, there is a need to be promptly subjected to court’s scrutiny and reviewed so as to know quietly well whether it is in accordance with the letter and the spirit of the law or not,” Khumalo said.
The SOPs were used against Lerotholi on Monday when he presented his sick leave application before Lieutenant Colonel Tau who refused it on the basis of the contents of SOPs.
Lieutenant Colonel Tau was the second respondent in the interim order Justice Mahase issued last month.
The SOPs demand that a soldier should not consult a private doctor “without first being viewed by a military medical doctor” at the Makoanyane Military Hospital (MMH).
“Referrals to other hospitals are going to be made by MMH only with the exception of emergencies,” the SOPs reads.
“Adherence to these SOPs is of paramount importance for the healthy running of the organisation and the security of the members’ good health.”
The document says it is “imperative that this facility is utilised to its maximum by members before opting to go to the private hospitals”.
“If a member (of the LDF) falls sick while at home and taken to a private doctor and is issued a sick leave, such a member will take the sick leave to a military doctor to be certified,” reads part of the SOPs.
“Sick leaves issued by private doctors shall be certified by a military doctor and handed in to the DMS (Director Military Service), thereafter such member shall personally hand it to his/her unit commander,” say the SOPs.
The SOPs also require that every morning all sick soldiers be marched to the parade ground and form up with other soldiers where the duty non-commissioned officer (NCO) will take their roll call and report to the duty officer who will in turn report to the senior duty officer.
“The names of all sick members shall be properly recorded in the duty occurrence book on daily basis,” read the SOPs.
“Failure to adhere to these SOPs shall call for legal action.”
Lerotholi had earlier told Justice Mahase in court papers, that resulted in the interim order against his bosses, that he had vowed to never go to Makoanyane Military Hospital years ago when Lt Gen Kamoli was still a major.
The decision came after a combined unit of the police and soldiers assaulted him in 1994.
He claims the assault left him in poor health and unable to perform some military duties.
He said because of the assault he becomes sick frequently and in many cases he obtains sick leaves from medical doctors.
But he said he decided never to consult the military doctors after Lieutenant Colonel Tau allegedly tried to force him to undergo medical treatment at the Makoanyane Military Hospital.
While at the hospital the current army boss Lt Gen Kamoli, then a Major, allegedly tried to force hospital management to admit him.
“He tried to force one Major Tlelai, who is the Deputy Director of Medical Services, to admit me at that hospital,” Lerotholi said.
“I approached Major Tlelai in the presence of first respondent (Lt Gen Kamoli) and told her that the doctor never recommended me for admission, and will never attend that hospital. I then left; indeed up to this day I have never, and I can never go back to MMH because of the first respondent’s statement.”
Justice Mahase will hear the case on October 15.
Comment by semenekane on 4 October 2012:
Oho! ‘Maseforo Mahase ke bona e ka contempt of court ke kahlolo e keneng fashioneng ho ena. O its’enyetsa nako, ke mohla neng batho baa ba hae ba e ke ba fumanoe bale molato?
E ne e le Letooane,Mhlakaza kajeno ke Kamoli, khiliki! Mosali enoa o lokeloa ho isoa Mohlomi
Comment by Kholumolumo on 4 October 2012:
Ho bona hle monna Theko, u skebe oaba tlohella baka tloaela.. Re khathetse ke ofisiri tsena tsa masole hle,.. Ha ele wena Kamoli, poqa hle le SOPs eno ea hao, Director Legal service le batho ba hao try to review such laws before implementing them,.. Ke bona ekare Kamoli needs to go home!!
Comment by Hlaba le kene on 4 October 2012:
Hela lona masafilone tsoang tabeng tsa sesole moho le ‘ma lona Maseforo ka molomo o sefene Kamoli uena o rahe motho ka rifi e ts’epe nkong a bare ichuuuu hase polotiking mono ke sesoleng.
Comment by soldier on 4 October 2012:
@Hlaba le kene sesole sa Lesotho is not an independent institution but falls under the ministry of defence which in turn falls under the prime minister’s office, therefore civilians actually have the last say on the conduct of the Lesotho defence force NOT the commander of the LDF. Get your facts right before you open your trap
Comment by voicetruth on 4 October 2012:
The danger we are running into is too clear here.
Simply put: ‘Rule of law’ for the weak and poor, versus ‘Do as you like’ for the rich & powerful.
Where do we go from here???
Watch out Basotho!!!
Comment by lofo on 4 October 2012:
I thought the Army has its own courts and police? Court martial? Explain please. Can civilian courts decide on army discipline cases? Is the army not independent of civilian courts?
Comment by Motlotsuoa on 4 October 2012:
This whole saga between the army top brass and the soldiers of lower ranks signify and important mile stone in the administration of the army. It is clear that the new era is being ushered in here and this means the typical old way of running the army has gone with the wind. If I were Kamoli advisor I will advice him to stop resorting to this old methods as they only excarcebate the problem at hand, he is to deviate from these old ways especially because he is educated and still young. As at present his actions do not tally with his expansive credentials. He is supposed to breath the fresh air into the administration of the army and stop chasing the soldiers who at any point in time sued LDF. It seems that according to Kamoli and his cronies any soldier who sues the army commits a terrible sin, there are a number of examples in this regard, LT Letsie, CPT Sechele, PVT Lerotholi, SGT Ramoholi… the list is endless.The factual truth is that the basic human rights in the army are being trampled on by the top brass with impunity,. the case of Lerotholi is just the drop in the ocean. I believe the time is now to correct this sitation, after all this army belongs to every Mosotho and therefore its demise will affect this whole country.
Furthermore the Statement of Judge Peete were very unfortunate, moreso because now they border on the issue of his integrity and credibility as a judge. The critical contention is that Ntate Peete uttered those unfortunate words in the presence of a lot of people who some of them were very shocked to hear such kind of words from such a respected judge, secondly Peete J seems to be suggesting that the lawyer involved is fighting this case through the media, my understanding in this regard is that who ever approached the media did so only with the intention of exposing the possible intrusion of the executive into the affairs of the judiciary thus by so doing compromising the independece of the judiciary. (Ena e bonoa le ke tsipa sehole) It was better if the Honourable Judge had not given any comment on this issue, le joale ke hobane ele Lesotho mona, in other countries he wouldhave resigned, but that time is coming and it is very near. This new generation of lawyers would not let this this country go into the dustbin of shame while they are watching.May be a commisoin of enquiry should be set to acertain who is telling the truth.
Comment by Hlasihlasi on 5 October 2012:
Lerotholi man,come on, u cnt fight the army. Come to ur senses
Comment by Oa Lihlabeng on 5 October 2012:
It is a pity this whole saga has pitted two home boys against each other in Lt Colonel Tau and retired 2nd Lt; Advocate Mole Kumalo. Coming from the same village, I urge both parties to confine this issue to a highest professionalism and not make it affect their personal lives.
Comment by monahali on 5 October 2012:
ke bona eka ho na le batho ba kaholimo ho molao Lesotho mona.
Comment by Nonyana tse babang on 5 October 2012:
Lerotholi tlohella hobaka moferefere ka hara naha.tlohella ho ba botsoa man.o no tla sesoleng o nahanneng.he joale le wena o ya kula lerotholi o sitisa le bana babang hore ba kulele.sesoleng ha se sebaka sa bakuli
Comment by Nonyana tse babang on 5 October 2012:
O qalile ka hoba tima chelete la ipha le lebang joale o so o le sick parading hantle o ba tsekisang ntate kamoli bana baa ba batho.he ba mameletse mathata jooo
Comment by Hlasihlasi on 5 October 2012:
Its like this guy lerotholi was forced to join the army! We dnt need u, jst go home man. Ha ona bosole fokol, nxa! Bloody…
Comment by mju on 5 October 2012:
Lerotholi just leave the army and join politics man. You will get challenged for sure there. Pliz don’t spoil the disciplined forces.
Comment by Kolomota on 5 October 2012:
Mr kennedy mas remember dt he is indid on borrowed tym
Comment by Tau kapa nonyana on 5 October 2012:
Just b fair ntate kamoli please release this guy if he deserves to leave the army.lokisa mathata o hle a ka mono ka sesoleng rata bana ba hao.
Comment by mokakapane on 5 October 2012:
che hona hona ke mathata ka ‘nete ha ke bone bothata ba hore masole a iphumanele li sick leave from private doctors
Comment by KOTOPE on 5 October 2012:
Kelello ha e se na ntho eo e etsang ho qetella ho hlaha litaba tse kang tsena, masole a Lesotho ho hoholo ke ho nyofa, hoja ho ne ho ena le ntho e Keepileng Kamoli busy a ka ba se na nako ea ho lelekisana le batho ba kulang. Hape ha ke utloe hore na ha ho se na letho leo ba le etsang Lerotholi o tla ba sentseng a ile kapa a sa ea mosebetsing.
The answer to all this mess is very simple, LESOTHO DOES NOT NEED ARMED FORCES WHO ARE VERY VERY EXPENSIVE MAINTAIN, all we need is a MILITARY POLICE joaloka bo Swizerland who would at least benefit the Country by fighting crime and stuff.
Hona joale masole a iphelela feela ka ho tahoa le ho nyofa lets’eare lena la morena kaofela selemo ho pota.
Comment by Kakaripa ea Kariki on 5 October 2012:
Lerotholi pheha khang le bookameli ‘me h’a laolehe feela o liheloa ke baeletsi ba hae eg akhente ea hae. Ha bolelle makhotla hore na o batla ho laoloa joang le hore na a fuoe mesebetsi efe mohlomong Kamoli o tla utloa. Lerotholi ke mokhoka-khoale sesoleng ‘me ‘Maseforo ke sesebelisoa sa Khumalo le Lerotholi. Lerotholi a ee ha ‘mae haeba ha hothoe a etse mosebetsi o mathela makhotleng.
Comment by Ntsu on 5 October 2012:
Masole o na a lokela hoba teng joang kapa joang he basebetsa ka thata teng.lerotholi eena a i nahane hantle ha lokela ho loanela chelete o loanela sick leave this is nonsense lerotholi mamela bookameli poho itsoare hantle moshana.boloka melao ya sesole man.mamela bookameli ba hao poho.nku e lekhoekhoe e ya tlosoa lerotholi must go home.gv him his package n release him.he is rotten.motlosa mr kamoli plz
Comment by Tau ea koma on 6 October 2012:
Oena lerotholinyana tooe rele masole re tennoe ke oena, o senya our dignity re tlo o shapela soon. U knw wt am talking abt. Oena maseforo we r watching ur every movement! Dnt 4gt u r jst a woman
Comment by Kakaripa ea Kariki on 7 October 2012:
Bana ba batho baka etsang mosebetsi oa sesole ka boitelo ba eme kantle ho jarete ea teng ho kopa mosebetsi haba o thole hothoe ho tletse empa libaka li tlatsitsoe ke mekhoka-khoale ekang bo Lerotholi. O tla fella kae ka ho mathela ho bo ‘Maseforo h’a fuoa mosebetsi? Ebe BASOTHO ba utloisisa hore likhafa tsa bona li patale lesole le kang Lerotholi le ba bang ba kang eena? Basotho ba lebelletse ts’ireletso e matla o tsoa sesoleng, joale ‘Maseforo o sebelisa matla a hae hampe ho setisa Kamoli ho laola masole. Le tsebe Basotho hore masole a mofuta oa Lerotholi a mangata, a hana ho etsa mosebetsi ke lisick leave le liakhente feela ba pataloa ene meputso e hantle, feela they do’nt provide service they must. KE KOPA HO ELETSOE KAMOLI KA TIHO HORE NA A SEBETSE JOANG LE MASOLE A MOFUTA OO MOLEMO OA TS’IRELETSO EA NAHA LE BASOTHO!
Comment by thabo on 7 October 2012:
lenna ke lesole n nkeke kaya mmh lekhale,kamoli enoa oa lona u iketsa ngaka.u laela ngaka tsane tsahae hore li timane ka sick leave.ho tsoana hantle le tsona pholo tsena tsahae tsa motoho tse ntseng li hlaha mona li roaka lerotholi.rea tseba hore le liofisiri tsa sesole.nxa!.banke ka lechoba moshana ba nahana hore re thotse hoba resa bone
Comment by jerry on 8 October 2012:
Kamoli ke lesole ese manager kapa eng…
Comment by muso on 8 October 2012:
hantle letla fumana molemo oa eng hale lullellane leho i qeta monate ka li internet
Comment by muso on 8 October 2012:
kekopa le tlohele lintho tsena leke le nthuse.ke lutse ke batla ho kotoa ka linako tsohle kekopa thuso ea lona.
Comment by Matulatula on 9 October 2012:
Makhotla a molao a etselitsoe batho Lerotholi,ha ebe motho le lekhotla re khathetse ke bookameli bona bo esaleng bo re hateletse ka nako e telele,ha a loane ka khotla ho bontsa hore ke mookameli a nang le litsebo tsebetsong ena enoa Kamoli.
Comment by Letsie on 9 October 2012:
Kamoli le Mhakaza ha ba tlohelloe ka li court order ke makhotla ba tsebe ho laola batho ba bona.
Pingback by Lesotho: Defence Force Top Brass Facing Court Charge · Global Voices on 10 October 2012:
[...] allegedly ignored a High Court order to accept a junior soldier’s sick leave application, KOTOPE writes: The answer to all this mess is very simple, LESOTHO DOES NOT NEED ARMED FORCES WHO ARE VERY VERY [...]
Comment by reverenddix on 6 November 2012:
ke hore masole ke likoata le ha a sa rate hee ho se rutehe ho bohloko..