Moorosi Tsiane
THE axed Lesotho Electricity Company (LEC) board of directors will learn in February 2025 whether former Energy Minister, Professor Nqosa Mahao, acted unlawfully in dismissing it on 10 October 2024.
The dismissed board members argued before Chief Justice Sakoane Sakoane yesterday that Prof Mahao violated the principle of sub judice when he appointed a new board while a related case was still pending. The sub judice rule prohibits actions on matters under judicial consideration.
On 10 October 2024, Prof Mahao replaced the outgoing board, chaired by Professor Molibeli Taele, with a new one led by Seaja Ntšekhe. The new members include Nati Maphate, Thabo Khasipe, Lebohang Ramaisa, Lerato Mphaka, Batalatsang Kanetsi, Moholisa Fako, and Rethabile Sakoane.
The outgoing board members—Prof Taele, Mathapelo Ramakatane, Mosiea Mapota, Mokhoenene Lehohla, Mokhethi Seithleko, Pesha Shale, and Seretse Mohlouoa—argued that their dismissal was improper since they had already filed a case challenging the legality of Prof Mahao’s 27 August 2024 show-cause letters. Justice Sakoane had reserved judgment on that case on 18 September 2024.
Despite the pending case, Prof Mahao proceeded to dismiss the board, prompting the outgoing members to file an interlocutory application.
Advocate Tekane Maqakachane, representing the dismissed board, submitted that Prof Mahao’s actions constituted a breach of the sub judice principle.
“When the matter was still pending, the First Respondent (Prof Mahao) issued letters removing the directors and dissolving the board, precipitating this second application. This conduct constitutes a reviewable irregularity violating the sub judice principle. The applicant seeks to have that decision reviewed and set aside,” Adv Maqakachane argued.
He accused Prof Mahao of undermining the court’s authority, stating that it was the court’s role to determine the lawfulness of the minister’s actions.
“By proceeding with the dismissal, Prof Mahao usurped the court’s function,” he added.
Adv Maqakachane asked the court to reverse the dismissal of the previous board and nullify its dissolution.
In response, Advocate Motiea Teele KC, representing Prof Mahao, argued that the filing of a court case does not automatically halt related administrative actions.
“Sub judice seeks to protect the administration of justice, but it does not mean that every action related to a pending case undermines justice. The applicants seem to selectively define what they consider appropriate or inappropriate,” Adv Teele said.
He further argued that the application should be dismissed for procedural flaws. According to him, the applicants failed to serve the new board members, who have a substantial interest in the matter.
“The applicants have acknowledged their removal and the existence of a new board. Therefore, they could not bring this case on behalf of the company or the board. Any litigation should have been filed in their personal capacities,” Adv Teele argued.
After hearing arguments from both sides, Justice Sakoane reserved judgment, stating it will be delivered in February 2025.
Ironically, Prof Mahao was also fired this week, leading to his Basotho Action Party withdrawing from the Sam Matekane-led coalition government. It is yet to be seen whether his successor will remove the current board and reinstate Prof Taele and others, appoint a new board altogether or just retain the current one appointed by Prof Mahao.
