Moorosi Tsiane
Lawsuits are piling up on Lesotho Defence Force (LDF) commander, Lieutenant General Mojalefa Letsoela’s desk, as the army appears to be assuming more policing duties and getting accused of brutalising civilians in the process.
The Lesotho Mounted Police Service (LMPS) spokesperson, Senior Superintendent Kabelo Halahala, refused to comment when asked if the army had effectively assumed the role of policing. He referred this publication to the LDF whose own spokesperson, Lieutenant Colonel Sakeng Lekola, asserted the army was only acting within its legal mandate bestowed by the LDF Act 1996 to keep order in the Kingdom.
This comes after a Tšenola taxi driver, Tšepo Matlere, this week filed a M1 000 500 lawsuit in the High Court against Lt-Gen Letsoela and Attorney General Advocate Rapelang Motsieloa KC, claiming he was arrested and tortured by soldiers on 9 October 2023.
According to Mr Matlere, on that fateful day, he was stopped when driving his taxi near Lerotholi Polytechnic campus in Maseru by heavily armed soldiers who ordered him and his companions to lie down in full public view and handcuffed his hands on the back.
He claims he was then taken to Ratjomose Barracks where he was interrogated “about the people he was with when stealing the money”.
He says he was then heavily beaten after he denied ever stealing any money. Mr Matlere alleges he was assaulted by two army members using a sjambok and sticks for over three hours while he laid on the floor and handcuffed on his back.
“Plaintiff was released the following day around midday with no explanation given for his arrest or torture. The Plaintiff sought medical help and was admitted in hospital on the 10 October 2023 and was discharged on the 13 October 2023,” Mr Matlere’s court papers state.
He further submits that due to his wrongful arrest, detention and torture, he suffered a loss of M1 000 500.
“As a result of wrongful arrest, detention and torture that resulted from the members of the Lesotho Defence Force, whom at all material times were acting within the course and scope of their employment, plaintiff suffered contumelia, pain and suffering, emotional distress and medical expenses. In the circumstances the defendants (Letsoela and Motsieloa) are liable to pay the abovementioned amount to Plaintiff. Despite lawful demand the defendants have to date failed to pay such amount or any part thereof to plaintiff,” said Mr Matlere.
Mr Matlere wants the court to order Lt-Gen Letsoela to compensate him with M500 000 for wrongful arrest and detention, M250 000 for pain and suffering, another M250 000 for contumelia, M500 as medical expenses and pay interest at the rate of 18.5 percent per annum.
Just last month, the army was slapped with similar lawsuits by two men who claimed to have been tortured during interrogation by the army.
The duo – Fatlene Masupha of Lekokoane, Berea, and Sello Mabaleha from Matsieng in the outskirts of Maseru – filed separate High Court applications demanding M1 750 000 and M410 000 respectively from the army last month.
Similarly, they claimed to have been taken to Makoanyane Barracks where they were allegedly tortured and detained.
According to Mr Masupha’s court papers, he on 24 February 2024 was about to facilitate the sale of a gun between two men unknown to him in Khubetsoana, when about nine soldiers arrived demanding the said gun. It is not clear from the court papers why Mr Masupha would broker the sale of a gun between people he did not know.
Mr Masupha averred that he tried to explain to the soldiers that he did not have a gun with him, and no gun was found on him. However, he said they started assaulting him whilst still explaining.
He claimed to have been kicked on the face, at the back and the right side of his ribs. He claims to have suffered a swollen face after falling during the assault. He says he also bled from the mouth.
“The Plaintiff avers that he was then cuffed both on the hands and feet and taken to Makoanyane Barracks. …..
“Upon arrival there he was interrogated by the said officers, with the addition of three others…. The Plaintiff avers that they started torturing him again as he was being interrogated ……He was held by the cuffed hands which were pulled to the back, enduring severe pain in that regard,” Mr Masupha’s court papers stated.
He claimed the soldiers were trying to force him to admit that he knew something about the gun. Mr Masupha claims he was also tortured with electric cables about three times.
He said he was rescued by one of the soldiers who suggested that he be taken to hospital after noticing he was heavily bleeding. The soldiers then took him to Makoanyane Military Hospital where he was operated to prevent internal bleeding. He said he was kept in hospital for about 10 days as he could not move due to the excruciating pain he was enduring.
On the other hand, Mr Mabaleha said he was arrested by four soldiers with no reason cited on why he was being arrested on 18 December 2023.
He claimed he was also repeatedly assaulted by the members of the LDF on his arrival at Makoanyane Barracks where he was questioned about a gun, forced to strip naked, while handcuffed. He claims to have been suffocated by a tube while insults were being hurled at him.
Nonetheless, despite the lawsuits, Lt-Col Lekola is adamant the army has been acting within its scope of work of maintaining peace and order. He said the army’s responsibilities were stated in the LDF Act 1996.
He referred to section 190 (1) which states that the commander may, “at the request of the commissioner of police, authorise any member or unit of the defence force in support of, or to give assistance to the police force, in the discharge of their function under the Police Order 1971 or any law amending or replacing the same”.
Section 190 (2) also reads that, “a member of the Defence Force acting in pursuance to an authorisation under subsection (1) shall have and may exercise all the powers of a police officer of equivalent rank”.
“We do not investigate cases as LDF but in cases where we have been tipped off or where we have intelligence (about crime) we will follow up. So, it is still within our jurisdiction to follow up on the intelligence received and help combat crime. Sometimes we even work with police in some operations,” said Lt-Col Lekola.
