Moorosi Tsiane
Former Lesotho Police Staff Association (LEPOSA) spokesperson, Motlatsi Mofokeng, has decided to challenge his dismissal from the police, two years after leaving the organisation.
The former police constable last week petitioned the High Court to set aside his April 2021dismissal, alleging Police Commissioner Holomo Molibeli had a personal vendetta against him hence he “unlawfully” terminated his employment with the Lesotho Mounted Police Service (LMPS).
Mr Mofokeng had been at loggerheads with Commissioner Molibeli ever since his appointment as LEPOSA spokesperson in early 2020, which eventually led to his dismissal on 25 April 2021.
Mr Mofokeng, who is in self-exile in South Africa, was dismissed for allegedly “influencing and inciting bloodshed or waging war” against Commissioner Molibeli after the police chief had fired LEPOSA treasurer, Lance-Sergeant Mathebe Motseki. He was accused of making a voice-recording in a LEPOSA WhatsApp group calling members of the police union to rebel and revolt against the LMPS command because of the treasurer’s dismissal.
He also reportedly wrote to Commissioner Molibeli demanding the restatement of Lance-Sergeant Motseki and in the said letter, allegedly said should the commission fail to do so, they would all die or fall where Lance Sergeant Motseki fell or died.
Lance-Sergeant Motseki had been fired on 7 August 2020 for allegedly tarnishing the image of the LMPS command by publicly accusing it of transferring some officers as punishment for opening a case against former First Lady ‘Maesaiah Thabane, who had allegedly assaulted a Maseru man at State House in January 2019.
Following her dismissal, Lance-Sergeant Motseki successfully petitioned the High Court to revoke the decision on the grounds that Commissioner Molibeli had acted without consulting the then Police and Public Safety Minister, ‘Mamoipone Senauoane.
Lance-Sergeant Motseki subsequently resumed her duties on 11 September 2020 in line with the 9 September 2020 High Court judgement which revoked her dismissal.
Mr Mofokeng was also charged with making false representation to the LMPS when he was hired in 2002 as he allegedly failed to disclose he had a criminal record.
According to a series of show-cause letters he was slapped with in 2020, Mr Mofokeng was convicted in 1999 by then Butha-Buthe Magistrate, ‘Matankiso Nthunya (now Central Chief Magistrate), for assaulting one Thabang Tsubane in Butha-Buthe.
He was consequently dismissed by Commissioner Molibeli, who happens to be his uncle, on 25 April 2021. The dismissal came after Mr Mofokeng’s application seeking the High Court to compel Commissioner Molibeli to furnish him with further particulars relating to those series of accusations, had been dismissed earlier that month.
In this new reinstatement battle, Mr Mofokeng wants the court to declare his dismissal from the police, unlawful. Should his first prayer be granted, Mr Mofokeng also wants the court to direct Commissioner Molibeli to reinstate him to his former position without loss of remuneration.
Mr Mofokeng argues in his court papers that his dismissal was nothing but a clear illegality by Commissioner Molibeli.
“…while the commission has desertion to invoke provisions of section 31 (1) (i) of the (Police) Act, such powers must be exercised judiciously,” Mr Mofokeng says.
“I want to take the court into my confidence and say that this is a clear modus operandi (behaviour) by the Commissioner that clearly indicates malice on his part by serving me with a series of show-cause letters relating to events that happened long before I could join the service, and some are clear that I was executing the mandate of LEPOSA members.
“It is further apparent that I was not afforded a hearing or representation against the allegations contained in those show-cause letters. I have been advised and verily believe the
same to be true and correct, that failure to afford me an opportunity to make representation against the position of the act, renders my dismissal unlawful,” he submits in the court documents.
“I aver that the Commissioner had no valid grounds to invoke section 31 (1), but for the personal vendetta caused by my service to LEPOSA. It is a well-known fact that at times, there was a rift between the Commissioner and LEPOSA. I aver that I have made a case against the reliefs sought herein, wherefore I pray that the application be granted.”
Meanwhile, it is highly likely that this case will follow the long queue of an array of cases pending before the High Court and might not be heard anytime soon.
