Prisons boss dragged to court in pay row
By Nat Molomo
MASERU — Twenty correctional officers have dragged the Lesotho Correctional Service (LCS) to court demanding that the government pays them their salaries in line with their university qualifications.
In his founding affidavit, Thabo Chechela, on behalf of his co-applicants, wants the High Court to order the Commissioner of Correctional Services and the Minister of Justice to pay the applicants their “salary underpayments”.
They allege that since joining the LCS they have been underpaid after they were placed in a lower grade that did not recognise their university qualifications.
The applicants say the Commissioner of Correctional Services should pay all LLB degree holders at Grade G while the rest of the applicants who hold various degrees should be paid at Grade F.
They also want the payment of applicants at Grade E or any other grade below Grade F declared unlawful.
Chechela says in his court papers that after he joined the LCS he was paid at Grade Seven to eight and not at Grade F which is for university graduates.
He says when he realised the anomaly he approached his superiors but was told that “the anomaly shall be released by way of arrear payments towards the end of probation period”.
But when the probation period ended on April 1, 2011, the LCS failed to correct the anomaly and pay his salary arrears.
“I engaged with the office of the human resources on this issue from time to time. I mostly met Chief Officer Seotsanyane and Senior Superintendent Sera in the human resources office whom I could deduce were troubled by this issue,” he said.
He said he then wrote a letter to the human resources office, signed by his colleagues, where they complained about the grading discrepancies.
He told his superiors that “the salary payable to a first degree holder is Grade F and nothing else”.
“The human resources officer C/o Seotsanyane called a few of us and stated that the (letter) should be written to (the Commissioner of Correctional Service) by an individual person and that we should not write as a group as that is an act of mutiny,” he says.
Chechela says it is common knowledge “that a person within the civil service and who holds an LLB degree is paid at Grade G”.
“I further submit that this issue of underpayment of university degree holders has also been decided in the past decisions of this honourable court and the court has held that it is wrong to pay a university degree holder below the grade stated in the public services circular,” he said.
“It follows that we should be paid at Grade F and G respectively together with arrears from date of our respective engagement to the date on which our situation is normalised.”
The applicants are also arguing that according to a Ministry of Public Service Circular Notice No 8 of 2000, “the entry salary for university graduates is at Grade F”.
Chechela submitted “that we are currently being paid at Grade 7 to 8” contrary to the ministry’s regulations.
“I submit that we have at all times had the legitimate expectation that the Ministry of Justice shall abide by the practice existing in the public service by paying us in terms of the practice and the circular that specifies salary scales for university degree holders,” he said.
Chechela said it is wrong for the Ministry of Justice to pay them salaries below Grades F and G.
“I am qualified to be paid at Grade G in terms of the existing practice irrespective of the rank and promotion but because of educational qualifications.
“My co-applicants holding first university degrees qualify to be paid at Grade F in terms of the existing practice irrespective of rank and or promotion but because of educational qualifications. I submit that we should be paid our proper salaries inclusive of salary arrears,” he said.
Comment by Majara Ke Lebitso La Ka on 14 February 2013:
Ho bona Chechela!!! Ho bona without any fear!!! Just stand for what you know and believe is right for you; the courts of law will intervene!! Viva!!!!!
Comment by BIG on 14 February 2013:
Tswarang hona mono bo ntate
Comment by tabola on 14 February 2013:
management of LCS ke hona o tla tsoara mathata ka batho ba hiroang ka tsela tse sa nepahalang ha ba qeta ba hloloa hoba place grading tse nepahetseng. every day ho hiroa motho but never advertise the vacant position. ha kena makala haeba ba li fake certificate ha baeo ka moo. ha li boje li bo tsoha e sere tsa tsoaroa ke serotsoana. kea utloa kea tsaba.
Comment by soso on 14 February 2013:
Commissioner hlokomela ntja tseo o tsomang ka tsona hore n’a ke tsa hao kapa ke tsa motho e mong.
Comment by Motlotsuoa on 14 February 2013:
Senna ka thata banna ba heso, lintho tsena lietsahala li security forces kaofela ka hara naha, in LDF fo eg one Mohola took the bull by the horns and demanded his lawful salaries, he was labeled phehla maroele ke commander, how disgusting by the top brass nxa!
Comment by Caswell on 14 February 2013:
ba a hlanya ba na ntata bona meno o ba tloaelitse hampe joale o ba siile ba hlanyetsa commissioner ee ea rona e ratehang ha ba tsamaee ba ilo etsa law firms ba practise koana ba iketsetse joalo ka thaka tsa bona koana kapa ba tsamaee lihlaka hlohana tsa law.sis
Comment by Name 'n Shame on 15 February 2013:
To Advocate Chechela:
As a member of Public Service, it is your legal right to be paid in line with the provisions of the mention Public Service Circular. But if that Circular is not being complied with by the Commissioner of LCS, is also your legal right to compel him to act in accordance with it through the High Court of Lesotho. DO NOT FEAR ANYTHING OR ANYBODY WHEN YOU EXERCISE YOUR CONSTITUTIONAL RIGHT.
To Commissioner of LCS:
Your main duty is to follow the law and implement it as it is for the betterment of that Institution. Do not act like honourable kamoli, who DISMISSED a soldier (Mohola) when he reminded him that he should be paying him in line with the Circular above. Remember, being in the helm of LCS does not cloth you with any SUPER POWERS. Respect the law; order your legal advisers to give you a brief lesson on the concept of THE RULE OF LAW. This is a lesson that honourable kamoli is largely lacking. DO NOT TRY TO THREATEN THAT LAWYER BECAUSE YOU WILL BRING SERIOUS DISAPPOINTMENT UPON YOURSELF.
To Ntate Phoofolo:
As the Advocate and the Honourable Minister responsible for LCS, talk strongly to the Commissioner. He is an old man; one would think he is mature enough to run that Institution in line with the laws governing this Country; not from the laws emanating from his muscles. LCS has never been in high-lights with nasty issues like these ones; these are common to LDF because of the ‘lekoloanyane’ ruling it. BE STRONG AND ACT STRONGLY IN THIS MINISTRY.
WATCH THIS SPACE.
Comment by Motlotsuoa on 15 February 2013:
@ name an shame, o e otlile botsekeng, I understand hore lekoloanyane lena le kamoli le ntse le tsoela pele ho etsa borata mono, ebile o harrasa liakhente tse eang ka mono ka ho li salisa masole morao under the pretext of security and he has declared those lawyers who expose his evil deeds the enemies of the army and his offices are not saying anything about it. I urge everybody ea hlaphohetsoeng ka hloohong ka mona e bile a le in these institutions to stop these power mongers in their tracks. I just hope that particular lawyer is going to take action for defamation against that tyrant eeo ho thoeng ke kamoli, its amasing how positions of power corrupt people especially in regard to kamoli who at least people thought he is a bit learned. ke kopa akhente eno entseng e etsetsoa litsoso ke kamoli and his stupid cronies to take legal action then circulate it to print media to expose kamoli for the tyrant, power monger low self esteem fool he is. nxa satane ee ea motho banna, joale le tsona liofficiri tsena li se li kene chocholong ea bo kamoli, ba motsaba hona hoo, otherwise one fails to understand how do they let him get away with such atrocities. ekare li security forces mona e tla ba mantloaneng.
Comment by Fatz on 15 February 2013:
Nna kele Fatz ke karolo ea lefapha la correctional service,ka boikokobetso bohle ke kopa ho hlalosa tjena: hantle maemong a tloaelehileng the commissioner o a phatlalatse likheo,a bolele le lilemo tsa bao aba hlokang,ebe hotla hlolisanoa kaho ngola,EMPA boemong ba mr Chechela le bo mphato ba hae,re ntse re maketse le kajeno hore na bona ba fumane mosebetsi oa chankana joang,boemong bo fe,ele haho phatlalalitsoe likheo neng tsa mofuta nngoe! Kutloisiso kapa pelaelo ea ka ebile hore ba hiriloe feela tjena hobane bane ba hloka mosebetsi etsoe hole thata ruri,empa joale habase ba tseka lichelete tjena,hoea makatsa,ho boela ho etsa hore ho phengoe tsela tsa bona tsa khiro! Na ho kila hoa phatlalatsoa likheo chankaneng tse hlokang batho ba LLB? ke mang eaba fileng mosebetsi? Aba t’sepisa eng? Ha a phethahatse ke eng? Le tse ling tse ngata! Ho eleng bomalimabe ke hore ba ntse ba pataloa hanyane joalo,manpower eona ese ntse eba hulela! Ena ke lumela hantle hore ofisi ea commissioner etla tlameha ho imamella eona! Ba bang ke litichere ba ruta juvenile training centre(jtc) eleng polokelong ea young offenders,TSD ena le grade eo ba patalang litichere ka eona,hosa khathaletsehe na etsoa nttc kapa nul,mona ba pataloa kaho lekana le ma Gce a form 5…seo nkase hlalosang ke hore mokhoa oo ba hirioeng ka ona ke ona o bakileng tsietsi ena! Haho monate empa ke nahana ho molemo ho itekola pele oka itseka! Ke ea leboha ha kana! Haelale basotho!
Comment by soso on 18 February 2013:
CHECHELA ke utloa taba ea lona, empa ke utloa ho hlokahala hore re qale pele hore n’a le hiruoe joang. N’a ho ile hoa phatlalatsoa likheo tsa mosebetsi, n’a ho bile le competition. achee banna le hiriloe joang Chechela le bo mphato oa hao.
Comment by MAMANKOE on 18 February 2013:
Thank you Basotho ba heso ka sehloho sena sa litaba. Ke kopa thuso ea hore na motho ha a hiruoe grade E ebe o etsa first degree na ha a pataloe keng ho ea ka lengolo lee le lecha? Ke botsa tjena hoba ho na le baithutu `moho le `na ba mehleng bao e leng mapolesa ba ntseng ba le grade tse tlase feela ba pataloa ka mangolo a macha. Ha ba ntjoetsa ke ile ka makala joaloka bona ha ba makala hore na ho tla joang ke bile ke sebetsa in a higher learning institution? I am looking forward to your advice and guidance if anything can be done. God bless you.
Comment by Majara Ke Lebitso La Ka on 18 February 2013:
@Caswell!! U utloahala hantle hore u borakana ba Sefali!!! You sound prematurely and lirota tse kang uena tjena li tla lula li hatelloa ka ho sa feleng!!! Ha e sa le nako ea ho ts’aba baokameli ena buti; respect them and don’t adore them!!! Wake up and smell the coffee you fool!!! U mona hobane u le le Form 5; e ea sgele u tlohele ho qapitsa poho!!! If you feel like you want to pizz; please go to the toilet and relive yourself u tlohele ho pota!!!! People do not talk unless they something meaningful to say!!! You fail pop!!!!!!!!!!
Comment by Majara Ke Lebitso La Ka on 18 February 2013:
@Name n Shame!!! U hlakile ngoanaka leha u ka thola; lirota tse kang bo-Caswell tjena haeba ha ba utloe taba tsena tsa hau, ache ‘na ha ke sa tseba!!!! Public service regulations act e hlakile ntate, batho ha ba pataloe in line with thier qualificationz; first degree = grade F, LLB = grade G!!! E joalo nthoeno!!! So, batho ba ts’oanang le commisioner ba sebelisa matla a bona hampe empa eena o ile a o fumana molemo ono!!! @Fatz!!! Taba ea hore na bo-Chechela ba hiriloe joang, ha sea bona eno taba!!! Ba hiriloe hobane commisioner ea mehleng ( Hon. Thulo) a ne a bona ho hlokahala!!! Ke hore fela u mp’u lo botsa eena hore na o ba hiretseng sekostaboleng sena seno uena u sa tsebe!!!!!
Comment by Majara Ke Lebitso La Ka on 18 February 2013:
@Soso!!! Go and ask ntate Thulo about that!!! Maybe you can get the right answers for your questionz!!! Bo-Chechela ba batla chelete; nothing more, nothing less!!! Nyeoe eno eona ba tlo e hlola and ba tlo shoa balakaletsi!!! No body is above the law except our beloved Honourable King Letsie the 3rd!!! FACT!!!!