Mohalenyane Phakela
LESOTHO Defence Force (LDF) commander, Mojalefa Letsoela, has been slapped with a M1 million damages claim by the family of a Mafeteng man, Bibi Mohajane, who was allegedly killed by soldiers on 19 April 2022.
Bibi’s parents, Khoathane and ‘Mabibi Mohajane, say the damages are for the suffering and loss of support they have experienced after the “wrongful killing” of their son.
Lieutenant General (Lt-Gen) Letsoela and Attorney General Rapelang Motsieloa are the first and second respondents respectively in the application.
Mr Mohajane has also filed another High Court application to compel Lt-Gen Letsoela to identify the soldiers who killed his son as well as work with the police to ensure their prosecution.
Lt-Gen Letsoela, Police Commissioner Holomo Molibeli, the Officer Commanding Matelile Police Station in Mafeteng, the Director of Public Prosecutions Hlalefang Motinyane and Advocate Motsieloa are the first to the fifth respondents respectively in this application.
The Mohajanes do not explain in their applications what led to the killing of their son by the soldiers.
They merely state that after he was killed on 19 April 2022, the “rogue soldiers” handed themselves over to the Matelile police station where they “confessed to the crime”.
They state that following the incident, deputy LDF Commander, Major General (Maj-Gen) Matela Matobakele visited them and promised that the culprits would be prosecuted. To date nothing had been done in that regard, they state. They further allege that the army only paid M10 000 towards the burial of their son. However, they want M1 million as compensation for the emotional suffering and loss of support caused by the killing of their son.
“On 19 April 2022 or there about, my son, Bibi Mohajane, got killed by members of the Lesotho Defence Force,” Mr Mohajane states.
“The soldiers who killed my son reported themselves to Matelile Police Station and confessed to the killing of my son. As acknowledgment of wrongdoing by the soldiers, the Lesotho Defence Force approached my family and offered to make a contribution towards burial expenses in the sum of M10 000. The money was accepted and a written document was issued by Lesotho Defence Force evincing payment.
“Deputy Commander Major General Matobakele visited the family during the mourning period and promised that the Lesotho Defence Force will assist the police with the investigations and bring the perpetrators to justice but that never happened.
“I and the family members approached Matelile Police Station to get apprised of the progress made insofar as the investigations are concerned. The information received was that everything was complete except for the identity of the soldiers who killed my son…
“I caused my counsel of record to write a letter to Commissioner of Police demanding a report of progress made to bring perpetrators before the courts but such letter received resounding quietness from the Commissioner, who failed to acknowledge or respond to such a letter.
“I aver that the first and second respondents are constitutionally and legally enjoined to reveal the assailants who killed my son. It will be in the interests of justice that the rogue soldiers who killed my son be suspended from discharging their official duties pending the determination of their criminal cases,” Mr Mohajane further states in the application to compel Lt-Gen Letsoela to identify the rogue soldiers and have them prosecuted.
In the joint application with his wife, Mr Mohajane states that, “Mabibi Mohajane suffered psychiatric injury and she experienced difficulty in sleeping”.
“She suffered post-traumatic stress disorder, bereavement, depression and grief, poor appetite, labile emotions, sadness and loss of support.
“Khoathane Mohajane suffered sadness and grief, loss of support of his son who was helping in farming activities and providing for his family.
“In the circumstances, the plaintiffs sustained personal damages in the amount of M1 million. But despite lawful demand, the defendants have to date failed to pay such an amount or any part thereof to the plaintiffs.
“Wherefore, the plaintiffs’ claims against the defendants jointly and severally are for damages as follows: loss of support M500 000; emotional shock and grief M500 000 and payment of interest at the rate of 10 percent per annum,” the Mohajanes state.
