…and abuse of power for allegedly issuing refugee certificates unlawfully
Hopolang Mokhopi
SUSPENDED Acting Commissioner of Refugees at the Ministry of Home Affairs, Nthatisi Thabane, and the Director of Passport Services, Mpiko Rafono, have been charged with fraud and abuse of power for allegedly issuing refugee certificates to foreign nationals unlawfully.
The two appeared before Maseru Magistrate Nkhethoa Molapo this week.
They were both suspended in June last year pending investigations into their alleged misconduct. While Rafono resumes duties today, Thabane remains on suspension.
According to the charge sheet, the first accused (A1), Thabane, was responsible for convening sittings of the Refugee Status Determination (RSD) Committee and submitting its recommendations to the Minister of Home Affairs in the form of minutes for approval. Refugee certificates could only be printed and issued after ministerial approval.
The prosecution alleges that although asylum seekers were interviewed by the RSD Committee between 18 and 21 September 2023, no recommendations were ever submitted to the minister.
Despite this, Thabane allegedly issued refugee certificates to Asumani Saleh on 31 July 2024, Alhaji Karabo on 10 March 2025, Altest Mavhenela on 5 May 2025, and Besem Arrey on 11 June 2025.
The chargesheet also stated that Thabane further wrote memoranda to the National Identification and Civil Registry (NICR) indicating that the asylum seekers had followed proper procedures and requesting that they be issued with national identity documents and included in the population register.
Relying on this communication, NICR allegedly registered the asylum seekers and issued them with national identity cards.
It is further alleged that the second accused (A2), Rafono, who was never part of the RSD Committee sittings, signed committee minutes submitted to the minister as though he had participated.
On 9 August 2024, Thabane allegedly submitted RSD minutes containing recommendations to the Minister of Home Affairs for approval. These minutes were signed by individuals, including Rafono, who were not part of the committee sittings. The charge sheet states that the minister never approved the refugee applications.
The charge alleges that between July 2024 and July 2025, and at or near the Ministry of Home Affairs offices in Maseru, the accused “did unlawfully and intentionally abuse the functions or positions of their offices” by issuing refugee certificates, communicating false information to NICR, and causing the issuance of national identity documents.
Alternatively, the accused are charged with making false representations to the Minister of Local Government, Chieftainship, Home Affairs and Police, as well as NICR, that the asylum seekers had been lawfully issued with refugee certificates and that the RSD Committee had properly made and signed recommendations.
After the reading of the chargesheet, the defence applied for bail pending trial.
Attorney Thato Chabana, appearing for Thabane, told the court that there were compelling personal circumstances warranting the granting of bail.
“A1 is a single mother who is the sole provider and primary caregiver of her household,” Ms Chabana said.
“She is responsible for her own minor child as well as her one-year-old grandchild, whose mother is unable to provide day-to-day care due to the nature of her employment.”
She said the children under Thabane’s care were born in 2012, 2015 and 2024, placing a heavy financial and emotional burden on the accused.
“Should bail be denied, her detention would adversely affect her employment, her ability to service a financial loan, and most critically, the welfare of the minor children who are wholly dependent on her,” Ms Chabana submitted.
She added that this was a first offence, that Thabane had cooperated fully with investigators, and that there was no risk of abscondment or interference with witnesses.
Advocate Motiea Teele KC, appearing for Rafono, argued that the charges against the second accused were primarily based on an alleged signature on certain documents.
“The defence has not yet had sight of the original documents and will interrogate their authenticity at the appropriate stage,” Adv Teele said, adding that Rafono maintained his innocence.
“At this stage, Your Worship, the court is reminded of the presumption of innocence. A2 has a long and unblemished record in the public service and is nearing retirement age.”
Adv Teele further submitted that both accused were warned to appear before court and complied without hesitation.
“This conduct clearly demonstrates that they are not flight risks and that they respect the authority of this court.”
He added that the matter largely turned on documentary evidence, leaving no possibility of interference with witnesses.
“Bail is not an exercise in punishment. It exists to ensure that an accused person stands trial,” Adv Teele said.
Crown Counsel, Advocate Keketso Motiki, told the court that she did not oppose bail, but submitted that the defence had failed to demonstrate exceptional circumstances.
Magistrate Molapo granted bail to both accused in the amount of M5000 each.
They were ordered not to interfere with crown witnesses and to stand trial to finality.
In granting bail, the magistrate said he was fully aware of the seriousness of the charges the accused are facing.
