Moorosi Tsiane
FORMER Commissioner of Police (ComPol), Kizito Mfolosi Mhlakaza, has taken Prime Minister Sam Matekane to court, demanding M3,476,760 as compensation for being placed on early retirement in 2014.
Mr Mhlakaza was appointed Police Commissioner in July 2012 but was forced into early retirement at the age of 47 by then-Prime Minister Thomas Thabane in January 2014.
In court papers filed yesterday (Wednesday), Mr Mhlakaza alleges that before his “forced retirement”, he had several meetings with Mr Thabane, who assured him that he would either be compensated for the remaining eight years of his tenure or be redeployed elsewhere.
Mr Matekane, Minister of Local Government, Chieftainship, Home Affairs and Police Lebona Lephema, Minister of Finance and Development Planning Retšelisitsoe Matlanyane, and Attorney General Rapelang Motsieloa KC are cited as first to fourth respondents in the case.
Mr Mhlakaza argues that he was a full-time government employee as a police officer, with a retirement age set at 55.
“I was employed by the government of Lesotho on a full-time basis as a police officer and was to retire at the age of fifty-five (55) years. In July 2012, I was appointed Commissioner of Police until January 2014, when I was placed on early retirement at the age of forty-seven (47),” Mr Mhlakaza states.
He also claims that discussions with Mr Thabane focused on reaching an amicable agreement regarding his exit from the police service.
“The purpose of our meetings was to agree on the terms and conditions of my exit from the Police Service. Our agreement was that I should retire with immediate effect and that I would be compensated for the remaining period of eight years or be redeployed elsewhere.”
However, upon receiving his terminal benefits, Mr Mhlakaza was shocked to find that they did not include the promised compensation.
He alleges that when he inquired about the matter at the Prime Minister’s office, he was assured it would be addressed. However, before action could be taken, there was a change of government following the 2015 general elections.
“Contrary to the agreed terms and conditions, my terminal benefits did not include compensation for early retirement. I approached the Prime Minister’s office, where I was promised my concerns would be addressed. Unfortunately, before the matter could be resolved, the 2015 general elections led to a new government under Dr Pakalitha Mosisili.”
He says he raised the issue with the new administration, which also assured him the matter would be attended to, but nothing materialised.
“When Dr Thomas Thabane returned to power in 2017, I again approached his office for further consultations. Once again, I was assured that my issue was being considered and would soon be resolved. However, in 2020, Mr Thabane left office before addressing my claim.”
Mr Mhlakaza says he has since exhausted all avenues to resolve the matter amicably to no avail.
After his written correspondence to Mr Lephema went unanswered, he decided to seek legal recourse. He now wants the court to order Mr Lephema and Dr Matlanyane to pay him the M3,476,760 he claims he is owed for the period from 2014 to 2022.
According to Mr Mhlakaza, his salary for each year was as follows: 2014/15 – M342,156, 2015/16 – M392,388, 2016/17 – M414,012, 2017/18 – M420,584, 2018/19 – M443,508, 2019/20 – M461,256, 2020/21 – M484,320, 2021/22 – M508,536. The amounts add to M3,466,760.
The respondents are yet to file their opposing papers.
