…Institution is plagued by mistrust and security breaches
…calls for investigation and prosecution of top management
…says 626 inmates were tortured, with possible HIV transmission
Mathatisi Sebusi
THE Lesotho Correctional Services (LCS) suffers from ineffective leadership characterised by mistrust, complacency, and a lack of strategic direction, according to the Report of the Commission of Inquiry into the December 2023 escape of inmates from Maseru Central Correctional Institution (MCCI).
The report, tabled before Parliament yesterday by Education and Training Minister, Professor Ntoi Rapapa, on behalf of Prime Minister Sam Matekane, recommends urgent reforms to build leadership capacity within LCS to enable it to run effectively.
It paints a damning picture of widespread human rights abuses, security lapses, and a culture of impunity within the institution.
The Commission recommends disciplinary action, investigation, and possible prosecution of MCCI Commanding Officer, Assistant Commissioner (ACC) Tsoto Manaka, for the December 2023 death of an inmate allegedly tortured by his subordinates.
It said 626 inmates were assaulted, in some cases with a plank embedded with nails, raising fears of HIV transmission.
“Besides slapping and kicking inmates, the recruits assaulted them with objects like fighting sticks, a knobkerrie, broomsticks, mop sticks, steel toe gumboots and belts. Shockingly, the recruits also pierced several inmates between their shoulder blades with a plank that has nails. Some inmates testified that given the prevalence of HIV in prison, they feared that they might have contracted the virus,” the commission said.
“During the preparations for the hearings, 626 inmates confirmed to have been assaulted when they consulted with the evidence team. Nurse Khubelu Faso from the internal clinic testified that immediately following the assaults on 22 December 2023, the clinic consulted approximately 80 inmates, 10 of which were referred to external hospitals.
“Further that since they were thin on the ground, approximately 120 inmates who were not critical but had bruises were given painkillers without being examined.
Disfigured
“There are inmates who were left disfigured following the assaults. Some had fractured bones and were still attending physiotherapy and acupuncture at the time of the inquiry. Several inmates peed blood following the assaults. Some experienced urinary hesitancy and others urinary retention.
“Some of inmates are required to undergo X-ray or scan for further diagnosis, but they cannot afford the costs thereof as it is provided by private establishments. Consequently, they still have not been assisted. Others need medical devices.”
It continues: “For better appreciation of how badly the defenceless inmates were assaulted, inmates who suffered the most have been singled out including Tlotliso Bereng who was fully abled at the time of his admission at the MCCI, but was discharged as a wheelchair user after the assaults left him permanently paralysed.
“Another sombre story is that of the late Motlalentoa Matelo, alias Tsotsi. He was an elderly man who stayed in A Block cell 8 on 22 December 2023. He died at the MCCI on 24 January 2024. He was left with a week or so serving his sentence at the time of his death. Mr Matelo was badly assaulted by the recruits. Inmates strongly believed that Mr Matelo died as a result of the assaults.
“According to them, though Mr Matelo was on chronic medication, he was still active and playful. And that his life deteriorated after the assaults which he never stopped complaining about.
“The recruits escalated the assaults when they got to soldier inmates or realised that an inmate was a soldier. They were badly injured and some of them were clearly targeted. For instance, the recruits asked where soldier inmates like Captain Litekanyo Nyakane stayed. He was beaten to the pulp and lost consciousness. Likewise, they enquired about Corporal Mohlalefi Seitlheko who was equally assaulted.”
The Commission was tasked with addressing the events that took place at the institution on 21 and 22 December 2023, which resulted in the death of one inmate, Bokang Tsoako, permanent disability to another (Bereng) and serious injuries to several others.
The fact-finding panel recommends disciplinary action against ACC Manaka for failure to report the death of Mr Tsoako.
“Considering that Mr Tsoako’s death was not reported to the police immediately, contrary to the law, it is recommended that the police conduct investigations against ACC Manaka as the Officer Commanding MCCI, for a possible charge under Section 2(2) of the Inquest Proclamation No. 37 of 1957, and that disciplinary action be considered against him under Rule 156(5) of the Rules,” reads the report.
Prosecution
Regarding the assaults of inmates and the death of Mr Tsoako, the Commission strongly recommends that the police conduct investigations as may be necessary to enable the Director of Public Prosecutions to determine whether to initiate prosecution against officers listed in the report.
“The names of the following recruits featured prominently in assaulting inmates: Motiki Mohale; Khosi Hlalele; Tumelo Sekokotoana; ‘Molaoa Mothabeng; Sepiriti Malefane; Thabiso Jane; Tumelo Makhunoane; Leboneng Moqecho; Tšotetsi Mabitle; Matete Mahao; and Kopano Tseka.”
These officers could be charged with 79 offences, including aggravated assault and murder, which the Commission believes could be sustained in court.
“It is recommended that the police investigate a possible crime of aggravated assault under Section 31(1) and (2)(g) of the Penal Code Act against ASP Palo Swatsi and CO Mpitsa Marai, as Mr Tsoako boarded the vehicle that collected him from the orphanage already injured in his leg. The two officers were the first to encounter Mr Tsoako at the orphanage, and Mr Marebole hotly disputed that Mr Tsoako attempted to flee at the time he was recaptured.
“Therefore, Mr Tsoako might have been unjustifiably assaulted at the time he was recaptured. Given that, of the twelve officers who arrived with Mr Tsoako at MCCI, only six were identified — including ASP Mokhesuoe — it is recommended that the police conduct investigations to identify the remaining six officers for possible charges under Section 7(4) of the Penal Code Act for failure to take reasonable steps to rescue Mr Tsoako from the danger he faced, and be disciplinarily charged under Rules 156(5) and (8) of the Rules,” the report states.
Poor Leadership
The Commission concluded that LCS had ineffective leadership that is riddled with mistrust and a lack of strategic direction, further noting that political appointments and the government’s failure to harmonise salaries in the security sector, as previously promised, were aggravating the matter.
The government appointed the Commission to, among other things, investigate the circumstances surrounding the prison break of inmates at MCCI and the use of force during the search operation that ensued.
The report notes that the escape of inmates on the 21st December 2023 is attributed to multiple security lapses, such as failure to inspect cells, failure to man key posts, failure to conduct night visits, inadequate searches, and an environment where MCCI management and officers became complacent.
While officers swiftly recaptured the inmates, which the report says was commendable, correctional officers, however, unjustifiably assaulted inmates in the process.
Their actions, the report states, were in violation of several international instruments, the Lesotho Constitution, and the Penal Code Act No. 6 of 2012.
“Therefore, in relation to the escape, it is recommended that SACC Matete Mahao and ACC Tsoto Manaka be disciplinarily charged under Rule 156(7) of the Rules for carelessly or negligently contributing to the escape of the inmates, especially in light of the failure to man key posts at the Maximum Security facility — particularly the Maximum tower and the area behind the facility,” the report states.
The Commission further suggests that an internal quality assurance function be established, reporting directly to the Commissioner. This unit would be tasked with conducting systematic inspections at correctional institutions and monitoring compliance with all regulatory and procedural requirements.
