…as Commissioner faces M2 million lawsuit
Moorosi Tsiane
THE December 2023 torture of inmates following a dramatic prison break continues to haunt the Lesotho Correctional Service (LCS), with former soldier, Corporal (Cpl) Litṧitso Mahase, now filing a M2 million lawsuit against acting Commissioner Matingoe Phamotse.
Cpl Mahase alleges that he was brutally tortured and severely beaten by officers at the Maseru Central Correctional Institution (MCCI) in the aftermath of the escape of the six inmates.
According to court papers filed this week, Cpl Mahase claims he was viciously assaulted by correctional officers on the morning of 22 December 2023 — a day after six prisoners broke out of the same facility.
The dramatic 21 December 2023 escape saw Tumelo Mpopo, Bokang Molengoane, Seboka Motumi, Rethabile Tlali, Aumane Nkoale, and Bokang Tsoako flee the high-security prison.
They were later tracked down and recaptured between December 2023 and January 2024 in Maseru, Ramabanta, Qacha’s Nek, and even Bloemfontein, South Africa, before being returned to MCCI custody.
One of them, Tsoako, who was recaptured on 22 December 2023 at Ha ’Mamochochoko Orphanage in Maseru, was allegedly assaulted upon his return and later died from his injuries.
The six were among 626 inmates reportedly beaten — some with planks embedded with nails — during what has been described as a violent crackdown by LCS officers desperate to extract information about the jailbreak.
In his papers, filed through lawyer Advocate (Adv) Napo Mafaesa, Cpl Mahase alleges he was among those mercilessly assaulted with melamu (fighting sticks) and metal rods while being kicked all over his body.
Mr Phamotse and Attorney General Adv Rapelang Motsieloa are cited as first and second respondents respectively.
“The Applicant (Mahase) was incarcerated at Lesotho Correctional Service on 22 December 2023. In the morning hours of the same date, he was subjected to assault by prison officials who were acting within the course and scope of their employment. He was assaulted with molamu, metal sticks and kicked all over the body,” reads part of his submission.
Cpl Mahase further claims the beating left him with multiple injuries to his face, chest, genitals, and abdomen, and that he was urinating blood as a result.
“He suffered multiple bodily injuries on the facial, left side ear, chest, genitals and generalised abdominal bruises. Following the assault he was urinating blood,” he said.
He adds that it took the intervention of the Mathaba Commission of Inquiry for him to receive medical attention.
“Afterwards, he was taken to the clinic and was medically attended to following intervention by the Mathaba Commission of Inquiry. As a result of the assaults meted out to his body, he experienced excruciating pain and suffering, and suffered contumelia (indignity).
In the circumstances explained above, his rights to bodily dignity were violated as a result of inhuman and barbaric torture. He suffered pain, humiliation and incurred medical expenses,” reads the filing.
Cpl Mahase is demanding M1.5 million for pain and suffering and M500 000 for contumelia with 13% annual interest from the date the application was filed.
This is not Cpl Mahase’s first brush with the law. He was sentenced to two years’ imprisonment by the Court Martial on 12 September 2023 after being found guilty of defying orders from his superiors earlier that year.
According to the charge sheet, on 20 February 2023 between 11am and 12 noon at or near Ratjomose Barracks, Cpl Mahase “unlawfully and intentionally disobeyed a lawful order” from Lieutenant Khalechane to man a Vehicle Check Point (VCP) operation.
He was found guilty and sentenced to two years’ imprisonment but later challenged the decision, arguing in his High Court review application that the trial was unfair and that he had not been given sufficient time to prepare his defence.
Cpl Mahase was among the soldiers accused of mutiny in 2015 against then Lesotho Defence Force (LDF) commander Lieutenant General (Lt-Gen) Tlali Kamoli.
In June 2021, he teamed up with 15 other soldiers to sue the current LDF commander Lt-Gen Mojalefa Letsoela for a staggering M32 million, claiming they had been tortured by colleagues during the mutiny saga. He was among those suspended after lodging the civil suit.
Cpl Mahase was released from prison late last year.
