…says army would never torture lawyers
…but vows to crack down on famo gangsters
Moorosi Tsiane
ARMY commander, Lieutenant General Mojalefa Letsoela, says the army would never target lawyers and judges because they play a critical role in the administration of justice in the country. The army also fully respected the rule of law and the role of judicial officers in enhancing it.
The army boss spoke while clarifying a statement by his deputy that the military should “teach lawyers and judges who defend famo gangsters” a lesson.
He said the statement had been “misinterpreted” to mean that soldiers were threatening to hurt legal practitioners yet it was meant to mean that they should be protected due to their importance in the administration of justice and rule of law.
Tough-talking deputy army commander, Major General Matela Matobakele, had a fortnight ago said judges and lawyers were hindering the LDF’s efforts to combat the rampant killings being committed by the famo gangs. He suggested that these lawyers needed to “taste the medicine” by being assaulted also.
Maj Gen Matobakele’s astounding remarks came during a welcome ceremony of the LDF’s third contingent from the South African Development Community (SADC) mission in Cabo Delgado, Mozambique, on 31 July 2024 at Makoanyane Barracks.
This had angered the Law Society of Lesotho which said the Constitution guaranteed every person human rights and the army had no powers to take matters into their own hands “when the courts were there to determine the guiltiness or otherwise of any accused person”.
The Lesotho Lawyers for Human Rights (LLHR) petitioned Lt-Gen Letsoela on 7 August 2024, giving him a seven-day ultimatum to rein in Maj Gen Matobakele or face legal consequences.
This prompted Lt-Gen Letsoela to call the Law Society, LLHR and civic society groups to a meeting at Ratjomose Barracks on Tuesday.
The LDF command comprising of Lt-Gen Letsoela, Maj Gen Matobakele, Maj Gen Ramanka Mokaloba, Brigadiers; Daemane Michael Matamane, Poosa Stemmere, Khomo Mohobo and Force Sergeant Major Pita Qhaola attended the meeting.
They met with the Law Society President Advocate Lintle Tuke and his deputy Adv Mokhoro Makara, Adv Letsie Moshoeshoe from the Attorney General’s Office, Prime Minister’s Office Chief of Staff Sofonea Shale, Coordinator of Parliamentary Affairs Khosi Makubakube, Lesotho Council of NGOs Commissioner of human Rights and Democracy Seinoli Mohale and the Development for Peace Education’s Lemohang Molibeli.
However, the LLHR was not present. It raised concerns over Lt-Gen Letsoela’s letter inviting them to that meeting. It said the letter proved the army commander’s misconceptualization of national security and rule of law edicts. However, the LLHR did not bar other parties from proceeding with the meeting, with the hope that it would “adequately address/expunge the harmful ramifications of Maj Gen Matobakele’s utterances to the rule of law”.
Lt-Gen Letsoela took the opportunity to clarify that Maj Gen Matobakele was not threatening the legal fraternity but “emotions might have taken over” when he asked whether people were not aware of the havoc famo people were causing in the country. He therefore apologised for the harm or inconvenience the statement might had caused.
“I am grateful for Adv (Napo) Mafaesa’s (of LLHR) letter which came as a shock for I was receiving such a letter for the first time in the five years that I have been in office …The content made us sit and decide as the army command to call this meeting. We know where we stand in the administration of this country.
“We have high profile cases which involve soldiers which require services of lawyers to administer rule of law. Rule of law speaks of individual human rights and their protection.
“Lawyers are important hence I took an effort to attend to Ntate Mafaesa’s letter. I called him and asked to meet him and he positively agreed. There was a misinterpretation of the content of the speech and I realised it had caused a lot of confusion. We are thankful for this interaction.
“When major rights and liberties of citizens are protected, as well as the state borders, the territorial integrity and political independence of the country is protected. Our policy is we are open and very transparent to you.
“The LDF makes a commitment that we would not threaten anyone who stays in this country, regardless of status. It would not happen that we threaten lawyers and judges. We cannot stop the administration of justice but rather protect it.
“We saw the impact of that statement and the turbulence it was bringing. I accept that emotions did flow, but I make a commitment to reaffirm that we are the hope of the nation and we cannot afford to tarnish the image of the LDF. We therefore appeal for peace from those who may have been affected. Where there was mishap, it was not intentional. We are servants and have to serve Lesotho, His Majesty and his people,” Lt-Gen Letsoela said.
This was welcomed by the Law Society which said the meeting was useful in clarifying any misinterpretations of Maj Gen-Matobakele’s remarks.
“What we get from the command of the military is the commitment on their part that they are still steadfast in protecting democracy and all its institutions…
“We are more grateful to see the Chief of Defence Forces expressing his commitment to good relations with all stakeholders by calling this meeting to reaffirm the army’s commitment to the rule of law,” Adv Makara said.
Adv Tuke said the Law Society did not condone any forms of criminality, particularly the rampant killings plaguing the country. However, dealing with criminals should be done in terms of the law.
Lt-Gen Letsoela also took the opportunity to address the famo-related killings crippling the nation. He said the army would not tolerate the rampant killings and was devising a strategy to address the issue.
“We are here because of this crime crisis paralysing the nation. Human rights defenders are quiet on this issue but those men (famo gangsters) don’t have boundaries….
“One would tell us that he has killed 11 people whom I would happen to know. But that person would still be alive and continue killing more people. That is where the lawyers and administrators of justice should feature, with us in the middle…….”
The army boss added: “We are surrounded by South Africa and our relations are good…..But we are still concerned because these people (famo gangsters) are there just across the border. They live that side in search of a better life but they commit crimes here and then flee to that side.
“They are able to build bases this side and that side (SA). We are currently planning on how to deal with them. We don’t care what they do in South Africa, but we cannot tolerate them having guns and killing people here.”
