Moorosi Tsiane
A FORMER soldier facing a murder charge is now fighting to get his job back in the Lesotho Defence Force (LDF), claiming he was unfairly dismissed after he had already served a sentence in the army for the same offence.
Private Bokang Tsibane was arrested on 29 December 2023 for the alleged murder of Nyakallo Lefeta, whose body was discovered in a forest near Ratjomose Barracks in Maseru.
According to police investigations, Tsibane had been drinking with Ms Lefeta and two others at the Mejametalana Airwing canteen near Setsoto Stadium on 15 December 2023.
He and Ms Lefeta later went to his place in Ha Thetsane before stepping out again to buy more alcohol. On their way back, they were allegedly attacked by unknown men. Tsibane claims he pulled Ms Lefeta into a nearby forest to hide, covering her mouth to stop her from making noise. After the attackers had left, he says he realized Ms Lefeta was no longer breathing.
He left her body in the forest and returned days later, on Christmas Eve, to move her decomposing remains closer to the roadside, where they were eventually discovered on 25 December 2023 by a passerby who alerted the police.
Tsibane turned himself in to the Military Police on 29 December 2023 and was later handed over to the police. He appeared before Magistrate Lerato Tšosane, who remanded him into custody. He was granted bail in April 2024 by the High Court.
In September 2024, the LDF also charged him under Section 77(2)(a) of the LDF Act for acting in a way that discredited the army. He was accused of unlawfully causing Ms Lefeta’s disappearance, which ultimately led to her death. He was sentenced to 110 days’ detention in Makoanyane Barracks, of which 30 days were suspended.
He completed his sentence on 30 November 2024 and was eventually discharged from the army in February this year.
He has now filed a High Court application to challenge his dismissal. He argues that being dismissed after serving a sentence for the same offence amounts to double jeopardy, which he claims is prohibited under the law.
Lt-Gen Letsoela, the Presiding Officer of the LDF disciplinary proceedings, Defence Principal Secretary Mabataung Khalane, and Attorney General Rapelang Motsieloa are first to fourth respondents respectively in his High Court application.
In his court papers, Tsibane says he was pressured into pleading guilty during an internal disciplinary hearing in order to avoid harsher punishment.
He claims he requested legal representation, but this was denied, with the explanation that lawyers were not permitted at that level of disciplinary hearing.
“We had a lengthy discussion with the second respondent, who assured me that others who admitted liability had been allowed to return to duty after serving their sentences. I reluctantly signed the document under pressure, after which I was immediately handcuffed and detained at Makoanyane Barracks for almost 90 days.”
He says while still in detention, he says he was again served with a show-cause letter by Lt-Gen Letsoela. He responded to the letter but was dismissed from the LDF nonetheless.
“I aver that this dismissal amounts to double jeopardy, as I had already served the punishment imposed.
“Having been the first time offender after involuntary confession under duress, the punishment of discharge from the military is harsh, irregular, and disproportionate and ought to be set aside for the following reasons: I was unduly forced to confess and admit liability without an assistance of a lawyer even for mere advice, I have been in service for five years, this is a first offence or first case of misconduct in five years within the military service……”
He also argues that he was not afforded a fair hearing as he was denied an opportunity to consult a lawyer.
“It is my submission that the rules of natural justice were not observed in relation to the inquiries that were made against me. The fact that the second respondent made a “take-it-or-leave-it” admonition to me in relation to the charges that were preferred against me, the right to fair prosecution of the matter was removed.”
Tsibane wants the court to review and set aside Lt-Gen Letsoela’s decision to expel him from the army and order his reinstatement without loss of income or benefits.
