Mohalenyane Phakela / Moorosi Tsiane
THE Lesotho Tourism Development Corporation (LTDC) has been dealt a heavy blow by the Labour Appeal Court which has refused to uphold its February 2023 decision to fire the former’s chief executive officer, Retšelisitsoe Nko.
Labour appeals are heard by High Court judges. Justice ‘Malebona Fumane Khabo declined jurisdiction to entertain the tourism body’s appeal against the Labour Court president, Teboho Thoso’s 14 February and 5 May decisions to set aside Dr Nko’s suspension and dismissal respectively.
“Having read papers filed on record. Having heard Advocate H. Tšolo for the applicant as well as Attorney Monaheng Rasekoai and Adv Christopher Lephuthing for the respondent, the court declines jurisdiction,” Justice Khabo ruled.
Dr Nko was initially suspended then “fired” from his job after his involvement in a shooting incident in Hillsview, Maseru, on 27 December 2022. He is currently facing attempted murder charges over the incident but proceedings are yet to commence because of his ill health.
The “fired” Dr Nko had subsequently sought the incarceration of Minister of Trade, Industry, Business Development and Tourism, Mokhethi Shelile, and his principal secretary, Moshe Mosaase, for contempt of court. He accuses them of defying court orders for his reinstatement and paying his salary and benefits.
Mr Mosaase also doubles as the LTDC’s board chairperson by virtue of being trade and tourism PS.
Dr Nko was “dismissed” on 22 February 2023 after he had failed to appear before a disciplinary committee which had been convened to consider his case just a day before. He had been accused of bringing the LTDC into disrepute over the shooting incident and suspended from the tourism promotion body on 14 February 2023 pending the disciplinary hearing.
Dr Nko had however on the same day won an interim Labour Court interdict staying both the disciplinary hearing and the suspension pending the adjudication of his main application challenging the suspension. The interdict was supposed to expire or be extended on 20 February 2023, the day set for the hearing of the main application challenging his suspension. But the hearing could not proceed because electricity supplies to the Labour Court had been cut off over a debt to the Lesotho Electricity Company (LEC). A new date was thus supposed to be set for the hearing.
But the LTDC proceeded with the disciplinary hearing the next day on 21 February 2023 on their understanding that the interim interdict had lapsed. The board then proceeded to fire Dr Nko and issued a letter to that effect dated 22 February 2023.
Dr Nko went back to court and Mr Thoso, on 3 May 2023 ordered the LTDC to pay his salaries and benefits from the time of his “suspension” and “dismissal” in February 2023. On 5 May 2023, Mr Thoso ruled that the LTDC should not have proceeded with the disciplinary hearing because Dr Nko’s case was still pending before the Labour Court. The order effectively nullified the purported termination of his contract with the LTDC. The fact that there was no electricity at the Labour Court and the hearing could not proceed could not have been of Dr Nko’s making, the judge reasoned. His case was effectively still before court.
On 13 June 2023, the LTDC went to the Labour Appeal Court to challenge judge Thoso’s ruling but Justice Khabo rejected the application.
And on Tuesday, Dr Nko’s contempt application failed to proceed before Mr Thoso who was said to be unavailable due to a family emergency he had to attend to. The matter will now proceed on 7 July 2023.
Dr Nko fell afoul of his employer after the 27 December 2022 Hillsview shooting incident in which he allegedly shot one Thulo Mothepu on his leg. He also allegedly shot at another Sethole Mothepu but missed him. He is accused of damaging the wall of Moliko Mothepu during the shooting and “disturbing the peace”. It is alleged that Dr Nko was either shot or shot himself during the incident in an attempt to exonerate himself by claiming he was the victim.
His trial, which will unravel what exactly transpired, is still pending before the Maseru Magistrates’ Court due to his ill health.
He submitted a sick leave from his private doctor to the LTDC on 9 February 2023. However, the LTDC Board resolved to take him to Queen ‘Mamohato Memorial Hospital for an assessment by a public hospital doctor. A contradictory assessment was issued by the Queen ‘Mamohato hospital doctor deeming Dr Nko fit to appear before the disciplinary hearing. The LTDC board then resolved to proceed with the disciplinary hearing only to subsequently suffer setbacks at the labour court.
