MASERU — A Ha-Mabote man is claiming M216 000 from the commander of the Lesotho Defence Force (LDF) for damages and emotional shock he claims to have suffered after soldiers shot at him while he was driving past the Mejametalana Air squadron near Moshoeshoe II.
Motlatsi Magaga was driving past the airbase on June 23 2007 when soldiers riddled his car with bullets causing M100 000 worth of damage and nearly killing him.
The case in which the LDF commander Lt General Thuso Motanyane is being sued and Magaga is the only witness opened at the High Court on Tuesday this week.
Magaga told the court that the incident happened around 10pm when he was going to Maseru city centre to collect his children who had gone to watch movies at Kingsway cinema.
“I took the route that passes near Agric College on that night when I heard gunshots about 50 metres after I had passed their gate (airbase),” Magaga said.
He initially claimed M255 000 but had to whittle down the figure after the defence had argued that some of the damages he alleged to have suffered were not claimable.
Magaga said as the soldiers were firing at him he “bowed close to the steering wheel to avoid bullets and praying that God protect me”.
He said 14 shots were fired at him and after he had stopped he saw three soldiers wearing balaclavas.
“One of them said ‘ke Ntate Motlatsi’ (it’s Mr Motlatsi) and then went back where he hid behind sand bags,” he said.
Magaga said the other two soldiers then ordered him to raise his hands before proceeding to conduct body and car searches.
He said when the shots started he was driving at between 40 and 50 kilometres per hour and he was not running away because “there was nothing to run away from”.
He added that he could not identify the two soldiers because they kept their balaclava hats on during the search.
“They found nothing and I asked them why they shot at me,” he said.
“They said that I should come and ask their commander as they were ordered to do so. There was nothing that showed that there was a road block or any sign that could say anything to me as a motorist. There were no police signs or soldiers on the road.
“When I returned I realised that there were sand bags at their main gate and (the gun shots) were coming from behind those (sand) bags.”
He said the 14 gunshot marks on his car have not yet been repaired.
“On 24 June I went to meet the commander but I was told by Captain Lichaba that the station commander, Thabo Mohapi, had gone to Kenya. Lichaba told me to go to the police but I had told him that I was from there,” he said.
He said the rear windscreen, dashboard, fuel tank, rear lights, left wheel and many other things were damaged in “that bioscope-like incident”.
“I took a week off at home in disbelief of what happened and was shocked. I did not go to see the doctor as I had not sustained any injuries,” he said.
“The amazing thing is that there were five incidents similar to mine which were reported on that day at Pitso Ground Police Station.”
The case was postponed to today when the court will go on inspection loco.
The case is before Justice Tseliso Monaphathi.
Magaga is represented by Khathatso Mabulu and the army commander is represented by Rapelang Motsieloa.
