Moorosi Tsiane
EMBATTLED Police Commissioner, Holomo Molibeli, has once again been dragged to court by the Lesotho Police Staff Association (LEPOSA) over the “dubious” promotions of 80 police officers in March and April this year.
In its papers filed in the High Court last week, LEPOSA wants the court to “review, correct and set aside” what it says are the “irregular and unlawful” promotions by Commissioner Molibeli.
Commissioner Molibeli, the Staff Officer to Commissioner of Police, the LMPS Human Resource Officer and the 80 police officers are the first to the 83rd respondents respectively in the application.
In his founding affidavit, LEPOSA president, Teboho Modia, states that on 31 March 2022, the LMPS Human Resource Officer (whose name is not given) released a memorandum on behalf of Commissioner Molibeli, “purporting” to promote junior officers to the ranks of Sergeant and Lance Sergeant respectively. Senior Inspector Modia argues that some of the ‘promoted’ officers skipped some ranks in clear contravention of regulation 7(1) of the Lesotho Mounted Police Service (Administration) Regulations of 2003.
“On the 31 March 2022 there was a Memo from the LMPS Human Resource Officer purporting to promote junior officers to the ranks of Sergeant and Lance Sergeant,” Senior Inspector Modia states in his affidavit.
“However, there are police officers such as Woman Police Constables Maqokelo and Majoro and others such as the 69th to 75th respondents whose promotions would be tantamount to skipping ranks. I therefore aver that it is irregular and unlawful to promote a police officer from a rank of Police Constable to the rank of Sergeant as they skipped the rank of Lance Sergeant. Skipping a rank is a clear contravention of Regulation 7(1) of Lesotho Mounted Service (Administration) Regulations of 2003.
“On the very same day, 31 March 2022, there was another memo from the human resource officer purporting to promote some police officers to the rank of Inspector. It is important to note that the ranks that the 29th to 31st respondents were holding before being purported to be promoted are those of Sergeant and Lance-Sergeant. It is therefore irregular and unlawful to promote them to Inspector while they skipped the rank of Sub-Inspector and Sergeant respectively.
“I aver that the above-mentioned promotions are unlawful and irregular and therefore null and void ab initio (from the beginning). They are without any legal force or effect as Molibeli failed to adhere to the LMPS (administration) Regulations as it has been shown that the promoted officers skipped ranks,” Senior Inspector Modia adds.
In any event, he argues, the purported promotions were not budgeted for by the Police and Public Safety ministry in the 2021/22 fiscal year.
Senior Inspector Modia says despite that some of the respondents are LEPOSA members, the police association has nonetheless instituted an application against their promotions because their elevations to higher positions did not “follow due process”.
“I aver that the applicant (LEPOSA) has a clear right to institute this matter as it is an association established to protect the interest of its members generally. The applicant does not favour any officer when instituting this application in as much as some of its members are respondents herein. However, it had to institute the application against them notwithstanding their membership as it is just and equitable to do so for protection of the entire members.
“I aver that LEPOSA, as the representative of its members, who are police officers, who will suffer irreparable harm if this application is not granted. This is so because it has established a prima facie case that the promotions have not followed due process of the law. I aver that, there is no prejudice that the respondents will suffer if this application is granted. However, the applicant’s members will continue to suffer,” Senior Inspector Modia argues.
The case has been set down for hearing on 10 October 2022.
The application is the latest episode in the long-running feud between LEPOSA and Commissioner Molibeli. In addition to several court applications challenging promotions by the commissioner, the militant police association has also repeatedly sought his ouster. In its petitions to then Prime Minister Thomas Thabane and his successor, Moeketsi Majoro, LEPOSA demanded Commissioner Molibeli’s ouster for incompetence, the failure to deal with the thorny issue of police brutality as well as alleged bias and cronyism.
After failing with its petitions in 2019 and 2020 respectively, LEPOSA could finally get its wish. This after the Constitutional Court this week dismissed Commissioner Molibeli’s application to stop Prime Minister Majoro from advising His Majesty to fire him. The net effect of the court ruling is that the premier can go ahead and recommend the police boss’ dismissal. (See story on Page 2).
