. . . as search for new AG begins
Limpho Sello
ATTORNEY-GENERAL (AG) Tšokolo Makhethe’s tenure of office ends on 29 August 2017, capping a career of more than three decades in the legal profession.
AG Makhethe yesterday told the Lesotho Times he would reach the 60-year mandatory retirement age on 13 November this year, adding that he opted to take his leave days starting from 29 August 2017.
The AG is the state’s principal legal officer who represents the country in legal proceedings and gives legal advice to the government.
Asked why he decided to go on leave ahead of his retirement, AG Makhethe said: “Government does not pay for leave days, so I decided to make use of them while awaiting my retirement.
“However, to be fair, after making this announcement, the situation can change if the concerned parties sit down to discuss issues. But should everything stay as is, I will go on leave on 29 August.”
He started off his career in the AG’s office as a crown counsel on 20 May 1986 and rose through the ranks until being appointed acting AG in 2006. He was appointed as substantive AG in July 2007.
However, AG Makhethe was ousted in 2014 by Prime Minister Thomas Thabane during his first tenure for having exceeded the age of 55 years.
After he sought the High Court’s intervention, an arrangement was made for a settlement between AG Makhethe and the government.
AG Makhethe was reinstated to his position but the Thabane government ordered him to go on leave, a decision which he unsuccessfully challenged in the High Court.
He eventually resumed his duties beyond the tenure of Dr Thabane’s first government, which ended after the 28 February 2015 parliamentary elections.
AG Makhethe said he was “very satisfied” with the work he had done, adding that he was yet to think of his next move post retirement.
“First and foremost, I will give myself time to rest. And when that is done, I will consider options in the legal profession since I remain a lawyer,” he said.
“I will only make a decision after I have given myself time to rest.”
He bade farewell to heads of government departments in a memo issued on Tuesday.
Part of the memo, titled “Leave Pending Retirement”, reads: “Please take notice that with effect from 29 August 2017, I will be on leave of office pending statutory compulsory retirement from office, which retirement takes effect on 01 November 2017.
“You shall accordingly relay the information to members of your staff. It has been an enriching and beneficial experience working with a wonderful, disciplined, loyal and dedicated team of public officers. Keep it up, in the interest of the nation.”
Contacted for comment yesterday, Dr Thabane’s spokesperson Thabo Thakalekoala said the premier was yet to decide on AG Makhethe’s replacement.
“The office of the attorney-general is very important and cannot be left vacant. However, the person who will make a decision on the matter is the prime minister. So we will just have to wait see what choices he will make,” Mr Thakalekoala said.
Meanwhile, political analyst Mafa Sejanamane has said AG Makhethe’s tenure ignitds debate on whether he was a professional senior civil servant or “a political hack” because of his advice to successive governments.
“Almost all the time, throughout his career, his recommendations to the government seemed to serve certain political ends,” said Prof Sejanamane.
“For instance, I still have my doubts about his professionalism in the ouster of Professor Kananelo Mosito from the helm of the Court of Appeal.”
Justice Mosito resigned on 13 December 2016 after exhausting all legal means to be reinstated after being suspended on 12 February 2016 to pave the way for impeachment proceedings against him.
He had been appointed Court of Appeal president in January 2015, taking over from Justice Michael Ramodibedi who had also resigned after losing a protracted legal battle to stop his impeachment for alleged abuse of office.
However, the government ignored Justice Mosito’s resignation letter and fired him from the presidency of the Court of Appeal on 23 December 2016.
Justice Mosito accused AG Makhethe of going “out of his way” to select three retired judges from South Africa to serve as members of his impeachment tribunal.
“Whether guilty or not, no one can expect judges selected by the complainant attorney-general to do justice in his cause,” Justice Mosito had said.
Prof Sejanamane said AG Makhethe’s advice to the government to disregard parliament after then Finance minister Tlohang Sekhamane’s failure to table budgetary estimates ahead of the 1 March 2017 no-confidence motion also ranked high among his questionable decisions.
“Even if we don’t point to anything else that he did, the one about the budget is really abhorrent because parliament was swept aside with the Finance minister becoming superior to the National Assembly.
“That is unsustainable advice,” he added.
