…Seeks return of firearms from LMPS
Mohloai Mpesi
BASOTHO National Party (BNP) leader, Machesetsa Mofomobe, has demanded M5 million in damages from the Directorate on Corruption and Economic Offences (DCEO) over what he alleges was his unlawful arrest and detention.
Mr Mofomobe was arrested by seven heavily armed DCEO officers at his home in Lesia, Thetsane last Thursday. The officers presented him with a warrant of arrest and detained him in DCEO cells for interrogation.
However, details of the arrest have not been disclosed, and Mr Mofomobe was unreachable for comment. The DCEO spokesperson, ‘Matlhokomelo Senoko, also declined to provide details, stating that the matter was still under investigation.
Rumours suggest that Mr Mofomobe’s arrest is linked to the alleged leaking of a DCEO docket related to the M109 million fertilizer fraud case involving the Ministry of Agriculture, Food Security, and Nutrition.
According to a letter from Mr Mofomobe’s lawyer, Advocate Fusi Sehapi, the BNP leader’s dignity and rights were violated during his arrest and detention. Advocate Sehapi demanded M5 million in compensation, threatening legal action if the sum is not paid within a month.
“Owing to the unlawful arrest and detention, my client’s right to liberty, protected by Section 6 of the Constitution, was unjustifiably violated. He was also injured in his personal dignity and reputation. Therefore, client demands M5 million as compensation,” reads the letter.
The letter also highlights that Mr Mofomobe’s family was denied access to him when they attempted to bring him food, medication, and a blanket during his detention. Even his lawyer, Adv Sehapi, was initially refused entry to consult with him.
“Upon arrival at the DCEO, Mr Molapo (of DCEO) informed the MP to turn off his phone as he was under arrest. While in detention, the MP’s family brought him necessities, but they were denied access. His lawyer, Adv Sehapi, was also denied entry by DCEO security gatekeepers,” the letter continues.
Adv Sehapi states that as he was preparing a habeas corpus application to secure Mr Mofomobe’s release, his client was released by the DCEO without court involvement. The letter claims that the arrest warrant lacked necessary particulars, rendering it defective.
“The warrant of arrest was fatally defective for lack of necessary details. It merely stated that the MP was to be arrested for defeating the ends of justice without specifying the manner, place, and time of the alleged offense,” the letter argues.
Advocate Sehapi said the DCEO has no jurisdiction over common law offenses like defeating the ends of justice, as their mandate was confined to corruption and economic crimes under the DCEO Act.
Meanwhile, Mr Mofomobe has also requested that the Commissioner of Police, Advocate Borotho Matsoso, return two firearms that were confiscated from him in December 2023. The police, led by one officer Mokhothu, had raided Mr Mofomobe’s home and later directed him to surrender his legal firearms at the Mabote Police Station.
The firearms in question include an Auto Pistol, Norinco make, and a short gun, VZKONTR 100 make, along with 50 rounds of ammunition each. The police had searched for an illegal firearm, but none was found. Mr Mofomobe’s lawyer demands the return of the firearms within seven days or legal action will be taken.
When contacted, Advocate Matsoso said he was unaware of the request but promised to address the matter once he returned to the office.
“I have not been in the office for almost a week, and I am currently in Mokhotlong. I will attend to this matter when I return to the office on Friday,” Adv Matsoso said.
