- As Lebona issues show cause letter to his PS Tsoele
- After PS defied minister’s directive to suspend officials citing illegality and due process
- Standoff threatens operations in a ministry at the core of service delivery
Mohloai Mpesi
THE Ministry of Local Government, Chieftainship, Home Affairs and Police faces paralysis over a deepening power struggle between Minister Lebona Lephema and his Principal Secretary (PS), Mpopo Tšoele.
The standoff could potentially disrupt operations in an important ministry that oversees several key departments and is widely considered a cornerstone portfolio in the delivery of vital public services.
Among other things, the two are at loggerheads over Mr Lephema’s directive to suspend senior Home Affairs officials facing corruption charges—an instruction Mr Tšoele has refused to carry out, arguing it is unlawful and procedurally flawed.
The escalating clash, now formalised through a series of letters between the two, exposes serious divisions at the top of a ministry responsible for essential services such as passports, citizenship and immigration—raising concerns about governance paralysis.
Minister demands action
The fallout stems from Mr Lephema’s insistence that Director of Passports Mpiko Rafono be placed on administrative leave following his court appearance on fraud and corruption charges alongside former Acting Commissioner for Refugees Nthatisi Thabane.
Both Ms Thabane and Mr Rafono had been suspended by Mr Tšoele’s predecessor, Mamphaka Mabesa, in June 2025 pending a probe into allegations that they issued refuge certificates to “undeserving persons”.
They were subsequently charged with various corruption and abuse of power charges in the Maseru Magistrates Court on 27 January 2026 and 10 February 2026.
However, Mr Rafono had returned to work on 6 February 2026 under unclear circumstances. He refused to talk to us then about the circumstances under which he had been reinstated despite having been slapped with such serious charges. It would appear though his reinstatement would have had the blessings of Mr Tšoele who had succeeded Ms Mabesa as PS on 2 January 2026.
Mr Lephema had then instructed Mr Tšoele to suspend Mr Rafono again, saying the latter could not remain in office while facing such serious charges. Mr Tšoele declined to implement the instruction.
In a strongly worded letter dated 26 March 2026, the minister demanded answers from Mr Tšoele for failing to act.
“On 27 January 2026, the Director of Passport Services, Mr Mpiko Rafono, and his co-accused, the former Acting Commissioner of Refugees, Ms Nthatisi Thabane, appeared in court on charges of fraud and corruption.
“Given the seriousness of the charges and the position that Mr Rafono holds in the ministry, which poses a threat to the integrity of our travel documents and citizenship, I immediately gave you clear verbal instructions to place him on administrative leave while initiating a process that would afford him a fair hearing in terms of the Public Service Act and its Disciplinary Code.
“Consequently, a letter seeking to place Mr Rafono on administrative leave was drafted and submitted to you for consideration and signature on 6 February 2026,” reads part of Mr Lephema’s letter.
“To date, you have ignored, refused or neglected to carry out my instructions as Minister. I therefore require you to provide reasons for your failure to act on my clear directives by close of business on 27 March 2026,” the letter stated.
Mr Lephema had further expressed concern that the officials had not been suspended, despite him learning through a Lesotho Times report that they had been slapped with additional charges of attempted fraud and corruption.
PS refuses, cites the law
But Mr Tšoele has dug in, telling the Lesotho Times in an interview this week that he could not implement directives that fall outside the law or bypass due process.
“Procedures must be followed. You have to consult Human Resources and legal to establish the facts. When I arrived, there was no such process in place. I was merely informed that the officials had appeared in court, but that alone is not sufficient grounds for dismissal or suspension,” Mr Tšoele told the Lesotho Times.
“My team is still conducting investigations, and any decision that I take in the end must be supported by proper legal and administrative processes. Otherwise, we risk being sued for flouting the law…..”.
Mr Tšoele had argued as such in his written response to his minister’s show cause letter, emphasizing that his legal obligations as Principal Secretary took precedence over all else.
“This responsibility is reinforced by Section 17 of the Public Service Act, which designates the Principal/Permanent Secretary as Chief Accounting Officer, thereby imposing a legal duty to ensure that all administrative actions are lawful, procedurally sound and capable of withstanding legal scrutiny.
“The disciplinary framework under Part IX of the Public Service Regulations, 2008, requires that any action be grounded in evidence, preceded by appropriate administrative inquiry, and conducted in accordance with the principles of natural justice, including the right of an affected officer to be heard,” he stated.
No evidence, no action
Mr Tšoele denied ignoring the minister’s directive, saying he had sought to act on the latter’s instructions immediately—but within the confines of the law.
“Upon receipt of your verbal instruction, I immediately convened the Legal and Human Resources functions of the ministry and placed before them the draft correspondence for advice on its legality, procedural propriety and evidentiary sufficiency.
“It became apparent that there was no administrative record capable of supporting disciplinary action under the governing legal framework.”
He said there was no formal complaint, investigation report, charge sheet or evidence establishing a prima facie case of misconduct against Mr Rafono.
“In these circumstances, I directed that a formal fact-finding and legal review be undertaken to establish the evidentiary basis of the alleged misconduct and to provide written advice upon which a lawful administrative decision may be made. That process is currently underway,” he said.
“Administrative leave” illegal?
Still, Mr Tšoele also challenged the substance of the minister’s directive itself, arguing it is not recognised in law.
“Neither the Public Service Act, 2005 nor the Public Service Regulations, 2008 recognises ‘administrative leave’ as a disciplinary or precautionary measure. The legally recognised measures are suspension or interdiction, both of which require a lawful factual basis and must follow prescribed procedures.
“Any attempt to impose a measure not grounded in statute would be ultra vires and susceptible to judicial review, exposing the ministry to legal risk.”
He further stressed that court appearances and media reports are not proof of guilt.
“A media report is not admissible evidence in disciplinary proceedings. Similarly, the fact that an officer has been charged or has appeared before court does not amount to a finding of guilt. The principle of law is that an individual is presumed innocent until proven guilty,” he said.
Governance crisis brewing
The rift between Minister Lephema and PS Tšoele is seen as adversely affecting a critical ministry which stands at the core of service delivery.
In practical terms, their standoff carries real risks. A ministry tasked with managing sensitive national functions—such as passports, immigration, citizenship, policing and local government —cannot afford prolonged internal conflict at its highest levels.
If not swiftly resolved, the impasse could deepen perceptions of dysfunction within government and further erode public confidence in its ability to deliver critical services.
Already the ministry has been embroiled in a long running crisis over its failure to issue basic documents like passports and IDs to weary citizens eager to seek economic opportunities elsewhere in foreign lands.
