…seeks to have proceedings scrapped
Moorosi Tsiane
IN a desperate bid to stop the Public Accounts Committee (PAC) from questioning Lesotho Electricity Company (LEC) board members, LEC Board Chairperson, Thabo Khasipe, has turned to the courts.
He is seeking an urgent court order to halt the PAC inquiry and to have all evidence presented by LEC officials expunged from the record.
In his founding affidavit filed recently, Mr Khasipe asks the court to interdict the PAC from summoning the board to testify on matters he claims are outside the scope of its mandate as defined under Standing Order 97(5) of the National Assembly Standing Orders (Legal Notice No. 114 of 2022), and in line with procedures set out under Section 9 of the Parliamentary Powers and Privileges Act No. 8 of 1994.
He also wants the PAC to be compelled to provide the record of proceedings during which LEC staff testified between May and June 2025.
Further, Mr Khasipe seeks an order reviewing and setting aside the PAC proceedings from that period, arguing that the Committee overstepped its jurisdiction. He wants the court to declare those proceedings unlawful, null and void.
He is also asking the court to direct the PAC to remove and expunge all evidence relating to complaints or allegations unrelated to its core mandate.
Mr Khasipe argues that the PAC must cease probing issues unrelated to its statutory function as set out in Standing Order 97(5), especially in matters involving LEC or any other public enterprise as defined under Section 2 of the Public Financial Management and Accountability Act. He contends that PAC acted ultra vires in investigating issues beyond its legal remit during its May–June 2025 proceedings.
He accuses the PAC of treating the LEC board unfairly by denying them genuine opportunities to respond to complex and accusatory questions.
“It is crucial to bring to the attention of the court that the manner in which PAC proceedings have been conducted leaves quite a lot to be desired,” Mr Khasipe states in his affidavit.
“In the Board’s considered opinion, the interactions have frequently been accusatory, judgmental, and fundamentally unfair.
“While we acknowledge the PAC’s prerogative to seek information and form opinions based on reports presented to it, the Board’s expectation in attending these sessions was to have a genuine opportunity to respond to the Committee’s questions.”
He argues that board members were often cut off before fully responding to multi-layered questions, which often included inaccuracies and misrepresentations of fact.
“This approach has left the Board and its staff with the distinct impression that the PAC is not genuinely interested in our response but rather seeks to publicly humiliate and disparage us.”
Mr Khasipe further alleges bias in the way proceedings are conducted, noting that individuals making allegations against the board were given ample time to elaborate, while board members were “quickly silenced.”
“As Chairman, I consider it my duty to seek protection for the Board members and the institution. We must be allowed to provide comprehensive answers to the Committee’s often expansive questions. Failure to do so undermines the Board’s effectiveness and risks derailing LEC’s national mission—a goal we believe is shared by the PAC, the Board, the shareholder, and Basotho at large.”
He also accuses the PAC of overstepping its oversight role by issuing instructions that contradict existing Board decisions.
“We have noted with concern that the PAC has issued directives to the Board, including instructions to implement actions that run counter to existing policies. While we acknowledge PAC’s oversight role, such directives constitute an overreach and risk weakening LEC’s already fragile internal controls.”
Mr Khasipe also questions the propriety of summoning the LEC board and staff without the presence of the Minister of Energy, who is one of the company’s shareholders.
“The Board has realised that its initial approach – cooperating fully with the PAC—has led to a blurring of mandates and accountability lines. In administrative terms, the Board reports to the Minister of Energy, who in turn is accountable to Parliament and, consequently, to PAC.
“However, serious concerns arise when the Board and LEC staff are required to directly account to PAC without the Minister (Mohlomi Moleko) or a delegated Principal Secretary (Tankiso Phapano) present. The situation is further complicated when PAC issues directives that potentially conflict with the Minister’s policy priorities.”
He says the absence of the shareholder representative at PAC proceedings creates a “conflict of mandates” and risks eroding the Board’s oversight role.
Mr Khasipe insists the Board has a strong case for judicial review and declaratory relief. He also pleads for protection against what he describes as “abusive language, reputational damage, and unfounded insinuations of incompetence and bad faith”.
He wants the court to compel PAC to treat the Board with respect and to ensure that future proceedings are attended by the Minister of Energy as the shareholder representative.
Mr Khasipe is expected to argue the preliminary part of application on Monday next week before Chief Justice Sakoane Sakoane, through his lawyers Rasekoai, Rampai & Lebakeng Attorneys.
The National Assembly Speaker Tlohang Sekhamane, the Clerk of the National Assembly Advocate Fine Maema, the PAC. the Minister of Parliamentary Affairs Nthomeng Majara and the Attorney General Advocate Rapelang Motsieloa KC are cited as the first to fifth respondents respectively in the matter.
Meanwhile, PAC proceedings were halted yesterday after the Committee was served with court papers relating to Mr Khasipe’s application.
The court move follows PAC chairperson ’Machabana Lemphane-Letsie’s rejection of Mr Khasipe’s request to have Mr Sekhamane intervene in what he described as unfair and harsh treatment of board members during the ongoing inquiry into alleged corruption and mismanagement at LEC.
Ms Lemphane-Letsie also criticised Mr Khasipe for trying to access Hansard records during an ongoing inquiry.
“This is a public entity—you have no choice but to appear before Parliament. This will not hold, Mr Chair (Khasipe). You will come to Parliament until we finish with these LEC issues.
“Hansard is not just a book that one requests for reading at home. There is a reason you must request access. You cannot request the Hansard while you are still giving evidence before Parliament,” Ms Lemphane-Letsie said during one of this week’s sessions.
The PAC has been probing the LEC, which has since been exposed as a byword for multi-layered corruption involving the abuse of millions of funds, tender corruption and general mismanagement, among other issues.
If the government fails to address the problems at the LEC, there are now legitimate fears that the organization could imperil the economy in the same way entrenched corruption and mismanagement at Eskom destroyed South Africa’s economic potential.
The Auditor-General’s office is now probing corruption at the LEC while the parastatal’s entire executive management team led by Managing director, Mohlomi Seitlheko, remains suspended.
