Mohalenyane Phakela
THE government had to move fast to get rid of former Lesotho Correctional Service (LCS) Commissioner Thabang Mothepu because the institution had lost its integrity under his watch, Law and Justice Minister, Professor Nqosa Mahao has said.
Prof Mahao accused Mr Mothepu of having administered the LCS in a manner which brought the institution into disrepute. He also alleged that the former LCS boss had usurped the powers of the Law and Justice Minister to unprocedurally promote some officers at the correctional service.
He makes these and other claims in his answering affidavit filed in opposition to Mr Mothepu’s High Court application for reinstatement as prisons boss.
Mr Mothepu, who was appointed LCS commissioner by former Prime Minister Thomas Thabane on 31 May 2018, was relieved of his duties by current Prime Minister Moeketsi Majoro on 24 July 2020. This after Prof Mahao recommended his dismissal over a host of issues including his alleged irregular appointment by Mr Thabane.
Mr Chabana Majara, who was the LCS head of legal affairs, was appointed acting commissioner.
Prior to recommending his dismissal, Prof Mahao had written to Mr Mothepu on 2 July 2020 demanding that he “show cause” why he should not be dismissed from the LCS over his refusal to implement the court order which directed the reversal of eight LCS promotions which were effected in 2015 by then commissioner ‘Matefo Makhalemele. Mr Mothepu was also fired for failing to implement the ombudsman’s recommendations regarding the administration of LCS.
In his 2018 recommendations, the retired ombudsman, Advocate Leshele Thoahlane, had said that Mr Mothepu should put in place clear promotion guidelines for LCS officers to be adhered to at all times. This ought to have been done within two months of the ombudsman’s report but Mr Mothepu did not implement those guidelines.
Shortly after the ombudsman’s report, Mr Mothepu trashed it. He told the Lesotho Times that the ombudsman was out of order and misguided. He alleged Adv Thoahlane was serving someone else’s interests rather than those of the office he occupied.
In his October 2020 application for reinstatement, Mr Mothepu argues that his dismissal on the basis of his failure to implement the ombudsman’s recommendations and the court order to reverse the promotions is unlawful as he could not have been expected to implement recommendations which directly affect him as an individual. He argues that the recommendations ought to have been implemented by Prof Mahao’s predecessor, Mokhele Moletsane.
However, Prof Mahao has hit back by saying Mr Mothepu deserved to be shown the door because he had acted unlawfully during his time at the helm of the LCS.
“The applicant assumed the powers of the minister (of Law and Justice) and promoted certain officials in clear violation of the provision of the law, thus, deliberately acted ultra vires (outside his authority),” Prof Mahao argues in his answering affidavit.
“The applicant unashamedly defended his unlawful act in the courts of law; from the High Court to the Court of Appeal. In doing so, the institution not only incurred costs but also had its image and integrity at stake. There was a serious bad publicity concerning the efficiency of the administration of the institution. The institution became subject to negative publicity in local newspapers, radios, social media and to certain extent even international media.
“The applicant did not implement the orders of the court which were meant to correct his illegal acts. He intentionally and with impunity refused to correct his own wrongs. He instead ensured the said promotions that he unlawfully made were purportedly confirmed retrospectively from the date when such unlawful promotions were made by himself. The applicant is ignorant of the law and he has no regard of the law at all. He does not respect the courts’ authority and their orders.”
Prof Mahao further argues that Mr Mothepu failed to be a role model and leader to his subordinates.
“In the exercise of command, superintendence and control, the applicant must have observed the laws applicable in the institution and respect the orders of the courts.
“He displayed a deplorable conduct of contempt before the Ombudsman and undermined such an important institution. The government had a right to recover all the moneys that were paid pursuant to unlawful promotions. To date he has refused to facilitate such refunds.”
Prof Mahao further states that Mr Mothepu failed to portray and execute the roles of a commissioner as required by the institution. He says the government found it necessary to fire him in line with the constitution and section 19 of the LCS Act.
“The efficient and effective administration of the institution requires a commissioner who understands the law that governs the institution, respects the law, strictly adheres to the provision of applicable law, commands respect amongst his peers, respects the courts and other constitutionally established institutions of the government, performs his duties and obligations, jealously protects the institution and runs it efficiently.
“The applicant was not a commissioner to execute the above. Having failed to run the institution efficiently and or effectively, it is in the interest of effectiveness that the situation be dealt with in terms of the law. The institution needs a different person to lead it. Section 19 (4) of the LCS Act provides that I must give the applicant an opportunity to make representations before issuing advice to the Prime Minister (to retain or fire him),” Prof Mahao argues.
