’Marafaele Mohloboli | Bongiwe Zihlangu
BELEAGUERED Police Commissioner Holomo Molibeli is involved in yet another messy fight with Police and Public Safety Minister, Lepota Sekola. The two have clashed over the police chief’s decision to redeploy Deputy Commissioner of Police (DCP) in charge of the Criminal Investigations Department (CID) Beleme Lebajoa.
Commissioner Molibeli had resolved to redeploy DCP Lebajoa to the Finance and Infrastructure Department (FID) in a move which would have seen current FID head, DCP Paseka Mokete, take charge of the CID.
The reshuffle would have happened on 2 June 2022. However, it did not happen after DCP Lebajoa obtained an interim court order against what he says is Commissioner Molibeli’s unilateral decision to transfer him without the express approval of Minister Sekola.
In his 1 June 2022 High Court application for a final order to reverse the commissioner’s decision, DCP Lebajoa argues that the police boss went ahead with the move despite that he had been expressly ordered not to go ahead by Minister Sekola.
In his court papers, DCP Lebajoa accuses Commissioner Molibeli of acting unilaterally and outside his powers by transferring him to the FID.
He argues that only Minister Sekola has such powers of transferring senior officers in the police command, not the commissioner. Not only did Commissioner Molibeli usurp Mr Sekola’s powers but he also ignored the minister’s orders that the transfer should be effected, DCP Lebajoa argues.
Incidentally, Commissioner Molibeli’s alleged usurpation of the police minister’s powers when appointing or redeploying senior police officers is listed by Prime Minister Moeketsi Majoro as one of the reasons why the former must “show cause” why he should not be sacked. Dr Majoro issued the “show cause” letter to Commissioner Molibeli on 1 June 2022. The police chief has since approached the High Court to stop Dr Majoro from advising His Majesty King Letsie III from firing him. (See story on Page 2).
It has since emerged that apart from Dr Majoro and DCP Lebajoa, Commissioner Molibeli is also involved in a fight with Minister Sekola over his move to reshuffle the DCPs.
Information obtained by the Lesotho Times this week shows that Commissioner Molibeli had moved to reshuffle the DCPs despite being ordered not to go ahead with the move by Mr Sekola.
This publication has seen letters that were exchanged by Mr Sekola and Commissioner Molibeli over the issue on 30 May 2022.
In his letter to Commissioner Molibeli, Mr Sekola says, “According to a letter that I wrote to you on 6 July, 2021, I directed that DCP Beleme Lebajoa heads the CID office while DCP Mokete should head the FID”.
“I have not gone back on my word and I do hereby direct that it be executed as initially. Therefore, your recommendation (to move DCP Lebajoa to the FID) has not been accepted.”
Commissioner Molibeli wrote back, saying, “Please be reminded that the matter was discussed with you Honourable Minister and you had no problem with the arrangement. Thus, my writing to you was a formality as you had expressed no discontent (with the move to reshuffle the DCPs).
“You actually informed me that you understood that that was entirely upon my office. Honourable Minister, no emphasis should be made on the prescription of the law as Police Service Act No.7 of 1998 is authoritative in this regard. The police Authority appoints, while the Commissioner of Police deploys. These are two separate powers which must be cautiously exercised,” Commissioner Molibeli stated.
The police boss would have effected the reshuffle on 2 June 2022, notwithsta
nding the express orders by Minister Sekola that he should not proceed.
He was only stopped by the High Court which granted DCP Lebajoa’s application for an interim order stopping the transfers pending the finalisation of the matter. Justice Tšeliso Mokoko’s 1 June 2022 interim order lapses on 13 June 2022 when both DCP Lebajoa and Commissioner Molibeli’s legal teams are expected back in court to argue why the order should not be made final.
Commissioner Molibeli and Attorney General Rapelang Motsieloa are first and second respondents in DCP Lebajoa’s application.
In his court papers, DCP Lebajoa accuses Commissioner Molibeli of acting unilaterally and outside his powers by transferring him to the FID.
He alleges that from the onset Commissioner Molibeli was not happy when he was transferred to the CID in July 2021 by the police minister.
As a result of his opposition to him, DCP Lebajoa alleges that Commissioner Molibeli went as far interfering with his work by creating a parallel team to perform the same duties that he (Lebajoa) was supposed to perform.
“I wish to disclose that the first respondent (Molibeli) has never been pleased with my (July 2021) appointment (to head CID),” DCP Lebajoa states in his court papers. He says as proof of the commissioner’s unhappiness with his appointment, he was only allowed to occupy the CID office three weeks after his transfer to that desk “and my benefits were delayed”.
“Immediately after I occupied the office, the first respondent established a team doing a parallel assignment with my office and the same (parallel team) was commanded by my junior, one Mr Makoetlane, who was directly answerable to the first respondent (Molibeli). The said junior officer who is under the command of my office would tell me that he is not answerable to me.
