. . . as former members vow to fight on
Pascalinah Kabi
TRADE and Industry Minister, Tefo Mapesela, has appointed new board members to the Lesotho National Development Corporation (LNDC) despite a pending court case in which the minister was interdicted from appointing a new board.
The new board members – Thebe Mokoatle, Khomotsoana Tau, Puleng Lekholoane, Malefetsane Nchaka, ‘Makatleho Matabooe, Stephen Monyamane, Mpaiphele Maqutu, Nkareng Letsie, Themba Sopeng, Lerotholi Pheko and Ranale Thoahlane’s appointment was confirmed in the legal notice No 80 of 2017 which was published yesterday.
“Pursuant to section 8 (3) (c) of the Lesotho National Development Corporation Act 1990, Tefo Mapesela, the Minister responsible for trade and industry, appoints the following persons as members of LNDC board of directors,” reads part of the legal notice.
Mr Mokoatle, Mr Tau, Ms Lekholoane and Mr Chaka represent the ministries of Trade and Industry; Development Planning; Finance and Agriculture and Food Security respectively.
The Lesotho Manufacturers Association is represented by Ms Matabooe; Lesotho Chamber of Commerce and Industry by Mr Monyamane; Lesotho Tourism Development Corporation by Mr Maqutu; Consumers Protection Association by Mr Letsie while Mr Sopeng, Mr Pheko and Advocate Thoahlane were appointed on the basis of their skills, knowledge and experience in matters relating to the functions of LNDC.
The eleven-member board’s appointment comes barely two weeks after lawyers representing board members that were dismissed by former Trade Minister, Joshua Setipa, warned Mr Mapesela against going ahead with this appointment.
The board members – Lebakeng Tigeli, Makhetha Thaele and Mampho Tjabane – filed urgent court papers in April this year challenging Mr Setipa’s decision to dismiss them.
The court ruled in the trio’s favour and the counsel for the respondents made an undertaking that the first respondent (the Minister) would not make any new appointments to replace the dismissed board members pending finalisation of this matter.
After the interim court order barring Mr Setipa from appoint new board members, he still went ahead and appointed new board members.
On July 3, 2017, lawyers representing the three wrote to the then new board members making them aware of the pending court case.
“Our clients were unlawfully dismissed immediately after they have taken action against the former Minister of Trade and Industry, Senator Joshua Setipa to court seeking an order interdicting him from interfering with a day to day running of the corporation and many other reasons which were to the prejudice of LNDC.
“As a result of the said unlawful dismissals which issue is also pending before the court, the former Minister unlawfully and intentionally committed constructive contempt of court by appointing yourselves as new board members while the matter is pending before court. Furthermore, the court made an order of court wherein the former minister made an undertaking that he shall not appoint new members of the board pending finalisation of the application,” reads part of the letter from the trio’s lawyers, Mofolo, Tau, Thabane and Co.
Mr Mapesela who replaced Mr Setipa in the aftermath of the 3 June snap elections which ushered in a new All Basotho Convention-led coalition government has since dissolved the LNDC board and proceeded to appoint a new one.
He also received a letter from the three former board members’ lawyers informing him of the pending court case against their dismissal.
“Our clients have instituted proceedings in the High Court of Lesotho under CIV/APN/119/2017 and CIV/APN/127/2017 and these matters are still pending before the court, set to be heard on the 22 August 2017.
The lawyers requested Mr Mapesela not to appoint new board members before finalisation of the court case or “you will reinstate those directors who were unlawfully dismissed as a way of resolving the issue and saving the costs of suits”.
Another letter, marked “urgent”, was written on August 31 pleading with Mr Mapesela not to go ahead with his intentions to engage a new board until matters pending in court were addressed.
“We once again informally advised that the Minister is anticipating to appoint new board members tomorrow (September 1). We therefore plead with you to kindly suspend the alleged appointments of new board members pending finalisation of the court proceedings.
“The court case was set down for hearing today but failed to proceed as the court was entertaining a criminal case. The matter was postponed to 8 September. Kindly be reminded that the alleged intended appointment of new board members will be unlawful and constructive contempt of court,” reads part of the letter.
The case was again postponed to unannounced date and yesterday Mr Mapesela went ahead and appointed the new board members.
Attempts to get comment from Mr Mapesela were fruitless as his mobile phone went unanswered.
