…for allegedly torturing civilians
Moorosi Tsiane
THE ongoing Lesotho Defence Force (LDF)’s ‘Operation Hard Fist’ aimed at confiscating illegal firearms across the country has yielded more allegations of torture of civilians by soldiers.
Four civilians claim they were subjected to brutal treatment, with soldiers allegedly demanding the production of firearms. They now demand a joint M10 million from the government for the alleged torture.
Their lawyers, NJ Chambers, have written a letter of demand to Attorney General Rapelang Motsieloa and copied it to LDF commander, Lieutenant General Mojalefa Letsoela, demanding to each be paid M2.5 million as compensation.
They have given the government 30 days to pay or face legal action.
The letter, dated 5 September 2024, details the events of 13 August 2024, when the four civilians; Molemo Mosunyane, Kakaretso Tsapi, Retšelisitsoe Moeti and Thabiso Mohlolo, were allegedly arrested by LDF members and taken to Mokotakoti Military Base in Leribe.
According to NJ Chambers, the soldiers demanded that they produce firearms, which the four civilians claimed they knew nothing about. They were therefore brutalised by the soldiers, claims NJ Chambers.
“We act on the instructions of Molemo Mosunyane, Kakaretso Tsapi, Retšelisitsoe Moeti and Thabiso Mohlolo. We are instructed by clients to demand from you as we hereby do, damages in the amount of M2.5 million in respect of each client (the sum of which is M10 million) as damages arising from torture, unlawful arrest and detention and inhumane treatment subjected to clients.
“Client instructs us that on the 13 August 2024, they were arrested by members of Lesotho Defence Force and taken to Mokotakoti. The members of Lesotho Defence Force ordered them to produce firearms which they explained they knew nothing about. Clients were handcuffed while being belaboured severely with sticks on their chests, buttocks, thighs, stomach and legs,” part of the letter reads.
The letter further alleges that the civilians were then taken to Ha Ratjomose Barracks, where they were subjected to the same treatment throughout the night and into the following day until 16 August 2024.
“They were thereafter taken to Ha Ratjomose Barracks whereat they were subjected to the same ordeal… They were detained from Tuesday to Friday afternoon (13 to 16 August) when they were released and dropped at their respective homes by the members of the Lesotho Defence Force.
“As a result of the torture meted out to client, they suffered shock, serious bodily harm and disability and excruciating pain. This is a crime against humanity in terms of our Penal Code Act of 2010. Consequently, each client suffered damages in the amount of M2.5 million.
“Clients contend that at all material times herein the aforesaid members of LDF were acting in their official capacity as LDF and in the course of their employment as such. Consequently, the government of Lesotho is liable for their unlawful acts.”
The army now faces about M50 million in civil claims from civilians it allegedly brutalised this year alone.
In June this year, a Tšenola taxi driver, Tšepo Matlere, filed a M1 000 500 lawsuit in the High Court against Lt-Gen Letsoela and Advocate Motsieloa KC, claiming he was arrested and tortured by soldiers on 9 October 2023.
Furthermore, the duo of Fatlene Masupha of Lekokoane, Berea, and Sello Mabaleha from Matsieng in the outskirts of Maseru, filed separate High Court applications in March demanding M1 750 000 and M410 000 respectively from the army. Similarly, they claimed to have been taken to Makoanyane Barracks where they were allegedly tortured and detained.
Again in April this year, Adv Motsieloa and Lt-Gen Letsoela were slapped with a whooping M31 million claim by Liphakoeng villagers who were allegedly tortured by soldiers. In the first letter, Tsekiso Ntlhare, Bokang Kobile, Malefane Nkobolo, Nthokho Leboka, Napo Makhasane, Mokotjo Mohaila, Ayanda Tyeba, Xolani Somtsewu, Mako Mpiti and Mohalefi Mahasele demanded to be compensated with M2 500 000 each as damages for torture, unlawful arrest and imprisonment. The letter further claimed that Mr Mohaila died due to the torture after he was taken to the military base at Mokotakoti, Maputsoe, together with Mr Nthokho and another unnamed person. In the second separate letter, the other three villagers; Mamokhethi Kotoloane, Mahlape Mohlouoa and Mabokang Sello were each claiming M2 million as damages for torture.
Possibly, another lawsuit is brewing due to last week’s torture of Khokhoba villagers whereby two herd boys were allegedly assaulted to death by the army while the area chief, Lesaoana Masupha, is fighting for his life in hospital after he was allegedly tortured.
