…claims army’s failure to settle debt crippled her business
Moorosi Tsiane
A Maseru businesswoman has dragged the Lesotho Defence Force (LDF) and its commander, Lieutenant General Mojalefa Letsoela, to the High Court, demanding more than M6 million over an unpaid balance arising from the supply of military jerseys more than a decade ago.
‘Malisema Masike is seeking an order compelling the LDF to pay her M97,500, which she says remains outstanding from the supply of 300 traffic-fawn winter jerseys, together with interest.
She is also claiming M6 million in damages for pure economic loss and loss of business, arguing that the army’s failure to settle the debt damaged her ability to obtain financing, operate her business and support her family.
According to her court papers, the LDF ordered 300 traffic-fawn winter jerseys in November 2013 for soldiers at Makoanyane Military Hospital.
The order followed an earlier transaction in which Ms Masike had supplied the LDF with 500 green jerseys imported from the United Kingdom, which she says were delivered and paid for in full.
She said the LDF was satisfied with the first order and subsequently ordered the 300 winter jerseys.
The jerseys were priced at M165,000. Ms Masike says the LDF later required them to be reduced in size, adding another M30,000 to the cost and bringing the total to M195,000.
The LDF eventually paid M97,500, leaving another M97,500 outstanding, she claims.
Ms Masike says the army has continued to possess and use the jerseys despite not paying the full amount.
“The jerseys are with the LDF and they are enjoying and using them to the Applicant’s prejudice,” she states.
She argues that the LDF should not be allowed to retain the benefit of the jerseys without paying the outstanding amount.
However, the dispute has grown beyond the unpaid M97,500.
Ms Masike claims the debt severely affected her business because she relied on bank financing to fulfil government tenders and other supply contracts.
“The applicant is engaging in supply business. Her basic modus operandi is to tender, then borrow money from banks to finance the work she won where capital was not a pre-requisite of the open tender like in casu (present matter),” she states.
She says the outstanding debt eventually made it difficult to secure financing because financial institutions considered her to have unpaid and accumulating debt.
Ms Masike claims her long-standing financial institution, Boliba Savings & Credits, even went to Makoanyane Hospital to verify the LDF’s indebtedness to her.
Despite this, she says the institution later refused to continue financing her.
She further claims that Standard Lesotho Bank, Nedbank and First National Bank also denied her access to debt capital.
“As a result, she has lost her means of living and support for her family including her minor children and dependents who are in dire need of her maintenance and support,” she states.
Ms Masike says the jerseys arrived in Lesotho around April 2014 after being ordered from the UK.
She claims some jerseys had to be resized in accordance with the LDF’s specifications, costing her an additional M30,000.
After completing the alterations, she says she returned the jerseys to the LDF but they were rejected by a soldier identified as Sergeant Makhoa of Ha-Ratjomose, who allegedly told her that the financial year had already ended.
She says the jerseys remained at her home from 2014 to 2016.
In 2016, she went to Makoanyane Military Hospital and pleaded with an officer identified as Mr Khoachele to accept the jerseys, fearing they could be stolen.
Ms Masike says the LDF eventually agreed to take the jerseys but could not pay the full amount immediately.
She claims an agreement was reached that the M195,000 would be paid in two equal instalments of M97,500.
One instalment was eventually paid, but she says the second was never settled.
A major point of contention is the number of jerseys ordered.
Ms Masike insists the LDF ordered 300 jerseys in 2013. She says the army, however, relied on documents from 2017 in an earlier court case to claim that only 150 jerseys had been ordered.
According to her affidavit, the LDF produced documents showing an order for 150 jerseys dated 1 December 2017, payment of M97,500 on 22 December 2017 and delivery on 15 December 2017.
Ms Masike rejects this version, insisting the genuine order was for 300 jerseys and was placed in November 2013.
“The only order from LDF was made on the 21st November, 2013 demanding 300 jerseys not 150.”
She alleges that the documents relied upon by the LDF were fraudulent and that signatures on the alleged 2017 order had been forged.
Ms Masike also questions how jerseys imported from the UK could have been delivered just 14 days after an alleged order placed on 1 December 2017.
“The 14 days’ time interval for placement of order on the 01st December 2017 and delivery of jerseys on the 15th December 2017 is impossible as the jerseys are from the United Kingdom (UK),” she argues.
She says her business normally required at least three months to import garments from the UK.
Ms Masike further argues that the LDF acknowledged its indebtedness in a letter dated 10 September 2025, which she says prevented prescription from defeating her claim.
“In any case, the LDF has acknowledged its debt to the Applicant per letter dated 10th September 2025,” she stated.
She says she made repeated demands for payment but the LDF failed to settle the outstanding amount.
Previous court battles
The latest proceedings are not Ms Masike’s first attempt to recover the money through the courts.
She says she instituted a claim in the Commercial Court in June 2024 under case number CCA/0042/2024.
The matter was withdrawn by consent in 2025 after Justice Realeboha Mathaba found that there was a glaring dispute of fact that could not be resolved through motion proceedings.
According to Ms Masike, the judge indicated that the dispute should instead be brought through an Originating Application.
She subsequently followed that route.
She also refers to another matter, CCA/0114/2022, which she claims was withdrawn by her former lawyer without her knowledge or consent.
M6m damages claim
Ms Masike is asking the court to declare that the LDF’s failure or refusal to pay for the jerseys breached the parties’ commercial agreement.
She wants the army ordered to pay the outstanding M97,500, together with interest.
She is also seeking M6 million in damages for pure economic loss and loss of business, as well as interest at 10.65 percent per annum from the date of judgment.
Her case is that the unpaid amount affected her credit standing, limited her access to capital and ultimately undermined her ability to continue operating her supply business.
