…as Prime Minister’s Committee summons relevant ministries to address the matter
Moroke Sekoboto
THE Lesotho Defence Force (LDF) has raised concerns over the non-payment of compensation to soldiers who sustain partial disabilities while on duty, as well as the reduction of terminal benefits under the Public Officers’ Defined Contribution Pension Fund (PODCPF).
The LDF yesterday appeared before the Prime Minister’s Portfolio Committee seeking intervention, saying the Ministry of Defence had failed to convince the Pension Fund to regularise the payment of terminal benefits for injured soldiers.
Addressing the committee on behalf of the LDF, Brigadier General Thabang Mathajane said the primary concern of the petition was the non-payment of compensation for partial disabilities.
Brig Gen Mathajane cited the case of one Private Cheka, who lost a hand while on duty in 2009 but has allegedly never been compensated by the pension fund.
“The Pension Fund Act of 2008 was passed to establish a reasonable and equitable pension fund for public servants, from which they could make a decent living after retirement,” Brig Gen Mathajane said.
“The fund was intended to build a competitive public service capable of attracting and retaining the best human resources in the labour market. Government also sought to establish itself as a socially responsible employer capable of caring for and supporting employees, even in retirement.”
However, he said there had been inconsistencies in how the pension fund handled terminal benefits for members of the LDF, revealing that there were currently 22 disputed cases under negotiation with the Fund.
“This petition seeks the committee’s intervention after the Ministry of Defence failed to convince the fund to regularise the payment of terminal benefits for members of the Defence Force.
“There is a soldier, Private Cheka, who was injured on duty after being shot by another soldier who appeared to have mental problems. The incident occurred in Mokhotlong in 2009, where the same soldier killed two other soldiers.
“The unfortunate part is that Private Cheka had to retire because his hand became permanently disabled. Before retiring, he sought assistance regarding compensation for his partial disability and terminal benefits based on the circumstances of his injury.”
Brig Gen Mathajane said legal advice sought by the ministry revealed that the pension fund law did not provide compensation for such injuries, despite medical reports confirming that Private Cheka had sustained a 55 percent disability and would permanently lose the use of his hand.
“The doctors understand the distinction between permanent and partial disability. This law is unfortunate because soldiers follow orders and often go on dangerous missions believing that their families will be financially protected,” he said.
Ministry of Finance and Development Planning Principal Secretary, Nthoateng Lebona, said her ministry had already been engaging both the Ministry of Public Service and the Ministry of Defence on the issue.
“We are guided by regulations and legal provisions. We expected to continue discussions with the LDF and better understand the differences between LDF regulations and the Pension Fund provisions, because the fund is governed by law.
“There are procedures followed by the medical board in cases involving injuries, and we need to determine how the law applies. We had expected that after engaging the board, we would also discuss terminal benefits, as the matter requires input from the Ministry of Defence.
“We need explanations from all sides and further engagement with the ministry so that we can provide clear responses on what is feasible and what is not,” Ms Lebona said.
PODCPF Principal Officer, Mamotlohi Mochebelele, said the fund agreed with the LDF on several aspects of the matter, adding that both parties’ legal teams had jointly consulted the Attorney General.
“The interpretation of the law guiding us and the LDF regulations are not aligned.
“When it comes to disability, our law recognises permanent disability, where a person can no longer work, and total disability, where a person is either deceased or close to death. There is currently no provision dealing with partial disability,” Ms Mochebelele said.
Tsoelike legislator, Tšeliso Nkoefoshe, criticised what he described as the inhumane treatment of soldiers, arguing that workers in other professions received better protection.
“It is unfair that a person who has lost one hand is not compensated. Employees in other sectors are treated fairly,” Mr Nkoefoshe said.
Member of the Economic and Development Cluster Portfolio Committee, Montoeli Masoetsa, urged Parliament to treat the matter with urgency.
“We know the risks and dangers soldiers face in the line of duty. We must resolve this matter urgently because if we fail before the winter break, it could drag on for another 20 years as political attention shifts towards election preparations,” Mr Masoetsa said.
“I therefore propose that the committee summon the Minister of Finance and Development Planning, the Ministry of Defence, and senior officials early next week to address the matter.”
Prime Minister’s Portfolio Committee chairperson, Moshe Makotoko, questioned how a soldier with one hand could fully discharge his duties.
Mr Makotoko said the committee must ensure that soldiers receive treatment equal to that of other government employees.
The Committee resolved to summon both Finance and Defence ministries next week in an effort to find an amicable solution.
