–as police brand Malerato Khutlisi a “shebeen queen”
–while Khutlisi again implicates Holomo Molibeli in the theft scandal
Staff Reporter
THE alleged M40 million Tholo Energy theft scandal has taken a new twist, with the fuel company now being investigated by the Directorate on Corruption and Economic Offences (DCEO) for allegedly stealing that same money from Letṧeng Diamonds.
Tholo Energy owner, Thabiso Morahae, is now being investigated by the DCEO for allegedly swindling the M40 million from Letṧeng Diamond while his company was supplying fuel to the mine.
The DCEO spokesperson, ‘Matlhohonolofatso Senoko, confirmed the development to the Lesotho Times this week, but said she could not go into detail regarding the case lest she jeopardises the investigations.
“I can confirm there is a case the DCEO is investigating regarding money which was stolen from Letṧeng, allegedly by Tholo Energy. However, we cannot publicise issues surrounding the matter until it is ready to go to court,” Ms Senoko said.
Ironically, Mr Moroahae had opened a criminal case against his former employee, Tumisang Thahanyane, accusing him of defrauding him the said millions.
Mr Thahanyane and his wife, ‘Malerato Khutlisi, were in January this year charged by the Maseru Magistrates Court for defrauding Tholo Energy of M40 million. Mr Thahanyane was Tholo Energy’s chief financial officer when the money allegedly went missing between 2018 and 2023. He was accused of stealing the money by depositing part of it into Ms Khutlisi’s accounts.
The couple was charged alongside Victor Makhetha, Lisebo Sepheakhang, Siene Ratsiu, Siene Supplies, Lehlohonolo Teba, Ntaso Khanyapa, Moratuoa Hlongoa, Talenta Masoatsa, Thabana Thabana, Lineo Khotseng, Tloaelo Khutlisi, Ntsane Nyai and Lereko Matlotlo.
Mr Thahanyane and his 14 alleged acquaintances appeared before Resident Magistrate Motlatsi Kolisang on 26 January 2024 who conferred them with the fraud, theft, and money laundering charges.
Mr Thahanyane was further charged with misappropriation of funds and abuse of power.
Magistrate Kolisang released him on M15 000 bail and M70 000 surety, while his co-accused were released on M10 000 bail and M50 000 surety each.
They were charged alongside three companies; Vicmo Industrial Supply, City Metal (Pty) Ltd and Earthly Market, which were allegedly used to swindle some of the monies from Tholo Energy.
The police had secured an order from Justice Polo Banyane on 8 February 2024 to attach Ms Khutlisi assets over her alleged participation in the M40 million theft.
But Ms Khutlisi came out guns blazing on 4 March 2024, alleging the charges against her and her husband were a “smokescreen” to hide the true origins of the money they were alleged to have stolen.
She claimed the M40 million had in fact been “stolen” from Letṧeng Diamonds by Tholo Energy owner, Mr Moroahae, when his company was supplying fuel to the mine.
She also roped former police commissioner Holomo Molibeli into the scandal, accusing him of usurping the powers of the Directorate on Corruption and Economic Offences (DCEO) by “hijacking” the case in order to protect Mr Moroahae from possible prosecution by the anti-graft body.
The police had since denied the allegations, claiming that Mr Moroahae’s business was a legitimate one of selling fuel, which was the source of the “stolen” M40 million.
Ms Khutlisi’s popular Shelly Brown jaunt, whose property had been seized in pursuit of Judge Banyane’s order, resumed operations on 6 March 2024. This after she learned from her lawyer, Advocate Christopher Lephuthing, that Justice Banyane’s order did not bar it from operating.
However, the jaunt was again raided by the police on 5 April 2024. They allegedly seized stock valued at M150 000 before expelling patrons and shutting down the Ha Thamae club.
Ms Khutlisi ran back to court again on 10 April, filing an interlocutory application seeking an order barring the police from closing her business and to return the stock taken on 5 April.
The police Officer Commanding Counter Commercial Crime Unit, Commissioner of Police Mahlape Morai, Director General DCEO Knorx Molelle, Letṧeng Diamonds and Attorney General Rapelang Motsieloa are first to fifth respondents respectively in her application.
The matter is due in the High Court today before Justice ‘Mafelile Ralebese.
Ms Khutlisi reiterates her stance in her latest application, that former Police Commissioner, Molibeli, and Mr Moroahae should be investigated for corruption. She also wants the court to disqualify the police from interfering with her business on the grounds that they were being investigated alongside Mr Moroahae by the DCEO.
“I have accordingly made a point that the former Commissioner of Police and Thabiso Moroahae must be investigated for defeating the ends of justice in that both colluded to scupper the investigations into fraud committed by Thabiso Moroahae against Letṧeng Diamonds,” Ms Khutlisi claims.
“It should not be overlooked that the DCEO is seized with a report of Letṧeng Diamonds to investigate allegations of misconduct of police, who without any valid reason and justifiable cause, failed in their duty to investigate and prosecute Thabiso Moroahae for defrauding Letṧeng Diamonds of millions, building filling stations with stolen money and pocketing the police to do his bidding in identified areas. The police are obviously conflicted in this case.
“I have challenged Thabiso Moroahae to disclose the source of the M40 million and I equally challenged the police to establish the source of that money. The police, and not Thabiso Moroahae, testified that they have considered the matter on the assumption that his filling stations are able to generate him that amount. The implications of the decision of the police to answer on behalf of Thabiso Moroahae as to the source of his wealth are very serious, given the fact that they started off by scuppering investigations around the theft of fuel at Letṧeng to which Thabiso Moroahae is implicated.
“I have called on the DCEO to deal with the corrupt police service…. The police have been corrupted and Letṧeng Diamonds escalated the matter to the DCEO for it to investigate the police. Any doubt there might still be as to the proper person to be prosecuted between Tumisang Thahanyane and Thabiso Moroahae is removed by the fact that Letṧeng escalated the matter of fraud to the DCEO for it to arrest the former Commissioner of Police and Thabiso Moroahae.”
The police have denied Ms Khutlisi’s allegations. Lead investigator in Ms Khutlisi’s theft case, Detective Senior Inspector Mathaane Lenea, has deposed an affidavit claiming the police acted within the scope of the Money Laundering and Proceeds of Crime (amendment) Act (MLPCA) 2016 when they stormed the Ha Thamae situated club.
She claims there is no case before either the police or DCEO regarding Messrs Molibeli and Moroahae.
“There is no point at all for the former Commissioner of Police and Thabiso Moroahae to be investigated. The deponent (Khutlisi) should not just state that there is a crime committed by the latter in papers filed before court yet she has not made any attempt to report any crime before police and/or DCEO.
“It means therefore that these allegations of commission of crime are brought in pleadings in order to disrespect, taint the image of both former Commissioner of Police and Thabiso Moroahae. To further buttress that there is no such a case, at least the applicant could have provided the details even of the case number and all the facts that were surrounding the said matter.
“The deponent herein is a shebeen queen selling beer at Shelly Brown and is farfetched to depose to affidavit on the operations of sacred institutions like Letṧeng Diamonds and the DCEO as it is unhidden truth that she is in no way connected to them as she is not even their spokesperson. There is no basis for the allegation that Thabiso Moroahae defrauded millions from Letṧeng Diamonds. The issue of attaching garages and the filling stations of Thabiso Moroahae are irrelevant for the purpose of this case.
“The police were enforcing the order of Justice Banyane. The police never harassed the applicant, it is the applicant who was insulting and belittling the police, just that the police were disinterested in opening a case of insulting and defeating the ends of justice against Malerato Khutlisi and Tumisang Thahanyane who were harassing the police thereat (Shelly Brown),” D/Snr Insp Lenea says in her affidavit.
