…As Liphakoeng villagers demand compensation for torture by soldiers
Moorosi Tsiane
THE 25 April 2024 army raid of the Liphakoeng village, in Leribe, has come back to haunt the Lesotho Defence Force (LDF) commander, Lieutenant General Mojalefa Letsoela, who is now faced with a whooping M31 million claim by Liphakoeng villagers who were allegedly tortured by soldiers.
Lt-Gen Letsoela, Attorney General Advocate Rapelang Motsieloa KC, Minister of Defence and National Security and Prime Minister Sam Matekane were served with two letters of demand on 11 June 2024 by legal representatives of the 13 plaintiffs who are demanding a joint M31 million in compensation. Their legal team comprises of Advocates Zwelakhe Mda KC and Napo Mafaesa.
The lawsuit is in relation to the soldiers’ raid of Liphakoeng which happened four days after five family members of the outlawed Liala Mabatha famo gang leader, Khalane “Madan” Nalane, were shot dead by unknown gunmen at his Fobane, Leribe, home. The soldiers raided the village looking for Madan.
The soldiers also allegedly beat up the Liphakoeng villagers, demanding that they produce Madan’s rival, Tšepiso “Mosotho” Radebe.
At that time, the army said it was executing its Operation Puff adder to remove illegal firearms being used to kill people in communities. A puff adder (Marabe in Sesotho) is a highly venomous snake found in rocky parts of the country, including Liphakoeng.
Mosotho, leader of the equally outlawed Terene ea Mokata Lirope, was never found that day.
Mosotho is now officially on the police wanted list for the 20 April 2024 murder of Madan’s family. He is wanted alongside three others; Lehlonolo ‘Litsebe’ Tumo, Mohau ‘Carvela’ Mohohlo and Thamahane “Mocoba” Mpiti.
The Lesotho Mounted Police Service (LMPS) issued a notice on 12 June 2024 calling on the public to help locate the first three suspects, while Mocoba’s notice was issued on 14 June 2024.
About five hours before the Fobane murders, two people from Mosotho’s Terene group were shot, one of them being his brother-in-law who sustained serious injuries. The other Terene member died on the spot.
Mosotho had told the Lesotho Times then that the two were shot during an attack on his followers as they buried their member whom he claimed had been killed in South Africa, supposedly by another famo gang. The burial ceremony was in Liphakoeng.
He expressed frustration at the failure of security agencies to protect members of his group whom he said had been targeted first by members of the Liala Mabatha gang.
Mosotho also accused the heads of national security agencies of failing to act on their officers allegedly partaking in famo issues, despite being furnished with evidence regarding their involvement in fuelling rivalries in the famo gangs.
He accused the police and army of taking sides in famo disputes, claiming that the armed forces had opted to attend the Fobane shooting, before they could attend to the incident in his Liphakoeng village which had been reported first.
Mosotho blamed a Military Intelligence (MI) official and a police officer from Police Headquarters for fuelling disputes between his Terene group and the rival Liala Mabatha famo gang. He said instead of mediating to bring peace between the two groups, these two had sided with the Liala Mabatha gang.
And now the Liphakoeng villagers are demanding compensation for the torture, unlawful arrest and detention which were allegedly meted on them by the army.
In the first letter, Tsekiso Ntlhare, Bokang Kobile, Malefane Nkobolo, Nthokho Leboka, Napo Makhasane, Mokotjo Mohaila, Ayanda Tyeba, Xolani Somtsewu, Mako Mpiti and Mohalefi Mahasele are demanding to be compensated with M2 500 000 each as damages for torture, unlawful arrest and imprisonment.
The 10 claim soldiers stormed Liphakoeng in the wee hours of 25 April 2024 and ordered villagers to gather in front of Mosotho’s business premises where they were grouped according to their gender and age before allegedly being subjected to brutal assaults by the soldiers.
They allege Mosotho’s employees were force marched into his business complex where they were ordered to produce firearms.
“Clients were forced to lie down on the rough surface and roll while being belaboured (sic) with sticks on their buttocks, thighs and legs. Mohlalefi Mahasele, Bokang Kobile and Napo Makhasane were then escorted to the donga where other village males were made to gather. They were made to roll on the rough surface while being assaulted with sticks; forced to do push-ups and frog-jump exercises and to run considerable distances back and forth, among other things. Other male and female villagers were subjected to similar cruel and inhuman treatment by the said soldiers,” reads the letter.
The letter further claims that Mr Mohaila died due to the torture after he was taken to military base at Mokotakoti, Maputsoe, together with Mr Nthokho and another unnamed person.
“Whereas Mohaila Mokotjo (since deceased by reason of the torture), Leboka Nthokho and another male person were taken to the military base at Mokotakoti where they were detained overnight; that evening they were subjected to further cruel and inhuman treatment. On the 26th April, 2024, they were handed over to the Police at Maputsoe Police Station; on that very day they were released from Police custody and able to access medical attention.”
The complainants therefore hold Lt-Gen Letsoela liable for the actions of his troops and they demand to be paid M2 500 000 each for their “injured human dignity”.
In the second separate letter, the other three villagers; Mamokhethi Kotoloane, Mahlape Mohlouoa and Mabokang Sello are each claiming M2 million as damages for torture.
The torture, according to the letter, started from about 6am until midday, while some were tortured until late in the afternoon.
“The cruel and inhuman treatment meted out to clients started around 6am to 12 noon in respect of Mamokhethi Kotolane and Mabokang Sello. Whereas Mahlape Mohlouoa was tortured until round 3pm by the said soldiers.”
“…Due to the said torture meted out to the complainants, they (complainants) experienced and sustained shock, serious bodily injuries and excruciating pain. In addition, their human dignity was greatly injured and as a consequence each of them suffered damages in the sum of M2 000 000.
“Clients contend that at all material times hereto the aforesaid, members of the LDF were acting in their official capacity as soldiers and acting in the course of their employment as such. Consequently, the government is liable for their delictual conduct. This letter serves as the requisite statutory notice — which will be followed by Summons Commencing Action in due course.”
Contacted for comment, the LDF spokesperson, Lieutenant Colonel (Lt-Col) Sakeng Lekola, confirmed receipt of the letters and said their legal team was working on them.
“I am aware of such letters. Our legal team is still learning the contents and once they have completed their work, they will advise the commander (Letsoela) accordingly,” said Lt-Col Lekola.
