Moorosi Tsiane
IN yet another harrowing case of alleged police brutality, a man from Koro-Koro has been left paralysed after allegedly being brutalised while in police custody.
The victim, Tanki Phahla, claims he was beaten on the spine with a knobkerrie during a violent interrogation incident at Flight-One Police Station in Maseru on 30 December 2022. The beating, he says, has left him permanently disabled.
At the time of the incident, Mr Phahla was being questioned in connection with an armed robbery at a Masianokeng supermarket where he worked as a security guard. He insists he had nothing to do with the crime and was tortured after refusing to falsely confess.
He has now taken legal steps to sue Police Commissioner Borotho Matsoso for M2 million in damages, even though the legal window for such a lawsuit, typically 6 months, has expired. In his court application requesting condonation, Mr Phahla outlines his ordeal and the long road to medical treatment.
Advocate Borotho, Officer Commanding Maseru Rural, two police officers named Tsoelike and Heqoa, and Attorney General Rapelang Motsieloa are first to fifth respondents in the case.
“I worked for Quick Act Security and was stationed at the supermarket known as Ha Mabosielo, trading as Shahaan Supermarket,” Mr Phahla states in his court documents.
“On 29 December 2022, I did not report for my usual night shift because I was training with another security company during the day and was exhausted.”
He says that very night, the supermarket was robbed. When he returned to work the next day, his supervisor instructed him to give a statement at Flight-One Police Station.
“I went to the police the following morning, accompanied by my supervisor. At the station, I was told to implicate myself in the robbery. When I refused, I was beaten on the spine with a knobkerrie from Saturday through Sunday. I was released on Monday without ever being formally charged.”
Following his release, Mr Phahla sought medical help at Scott Hospital in Morija where doctors found a growing lump on his tailbone. He was later diagnosed with a spinal injury that has since left him unable to work.
“I’ve been waiting for surgery since 2022. Every time I went to a public hospital, they told me the injury was serious, but they didn’t have the specialists available.”
Mr Phahla says he is now waiting to be operated at Queen ‘Mamohato Memorial Hospital.
With no income and limited mobility, he says he was unable to afford legal help until now.
“I haven’t been able to work or earn a living. That’s why I’m asking the court to allow me to pursue my claim against the Commissioner of Police outside the standard time frame. I believe the abuse I suffered was unlawful and should not go unpunished.”
Despite the gravity of his injuries and the circumstances, Chief Justice Sakoane Sakoane struck Mr Phahla’s case off the urgent roll on Monday, ruling that it was not urgent. As a result, Mr Phahla must now wait for a new court date, just one more delay in his long and painful journey.
Another torture claim against the army
In a separate case, a woman from Maputsoe, Matlaleng Senekane, is suing Lesotho Defence Force (LDF) Commander, Lieutenant General Mojalefa Letsoela, for M800,000 over alleged torture at the hands of army personnel.
Ms Senekane says she was attacked on 16 June 2024 by soldiers from Mokota-koti base in Maputsoe.
“I was beaten with a stick and kicked all over my body by soldiers wearing LDF uniforms and driving an LDF vehicle. The assault happened in public, in full view of neighbours and bystanders.”
As a result of the attack, she says she suffered physical injuries, emotional trauma, and humiliation, and had to seek medical treatment.
She is claiming M400,000 for the assault, M200,000 for pain and suffering, M100,000 for contumelia (humiliation), and M100,000 for medical expenses, plus interest at 18.5 percent per annum.
