Tefo Tefo
HIGH Court judge Justice Tšeliso Monaphathi has set 20 October 2017 as the hearing date for a case which former deputy premier, Mothetjoa Metsing, is fighting for pension benefits.
Justice Monaphathi announced the hearing date this week after being notified by the government’s lawyers that they had already filed their answering papers.
Mr Metsing lawyer, Advocate Motiea Teele King’s Council (KC), now has to file replying papers to close the exchange of evidence between the two parties.
Mr Metsing, who is also the Lesotho Congress for Democracy (LCD) leader, filed an urgent application on 24 August 2017 seeking to prevent the government from denying him the pension benefits. He has since fled the country citing a plot to assassinate him.
Mr Metsing took the legal route after Public Service Minister Thesele ‘Maseribane stated that the LCD leader was not entitled to the deputy prime ministerial benefits because he did not serve in the position for 36 continuous months.
A former deputy prime minister is entitled to a chauffeur-driven vehicle, free medical treatment, a bodyguard, free telephone, water and electricity, a gardener and house maid and a diplomatic passport.
Mr Metsing first occupied the office of deputy prime minister in June 2012 when the LCD formed a coalition government with the Thomas Thabane-led All Basotho Convention (ABC) and Chief ‘Maseribane’s Basotho National Party (BNP).
Dr Thabane led that government until the 28 February 2015 elections when it made way for a seven-party coalition administration led by former premier Pakalitha Mosisili.
Mr Metsing retained his position as deputy premier in the seven-party government which was inaugurated on 17 March 2015 until the 3 June 2017 snap elections which brought back a Dr Thabaneled four party coalition including the BNP, Reformed Congress of Lesotho and the Alliance of Democrats.
All in all, Mr Metsing served 59 months under the two governments, although his tenure was briefly interrupted by the change of regimes in 2015. By the end of the first coalition government, he had served around 31 months as deputy premier.
Section 3, subsection 1b of the Prime Minister and Deputy Prime Minister (Retirement and Spouses’ Benefits) Act of 2011 stipulates that “a person who holds the office of Deputy Prime Minister shall, on ceasing office… if he has held office for a period of 36 months, be granted a monthly pension at the rate of 80 percent of their basic salary attached to the office of the Deputy Prime Minister on the last day which they held office”.
High Court judge, Justice Thamsanqa Nomngcongo, on 24 August 2017 gave Mr Metsing a temporary reprieve to continue enjoying the benefits until the court had resolved the substantive matter.
Chief ‘Maseribane, Finance Minister Moeketsi Majoro, Government Secretary Moahloli Mphaka and the Attorney-General Tšokolo Makhethe are cited as first to fourth respondents respectively.
