Mohalenyane Phakela
OPPOSITION MOVEMENT FOR Economic Change (MEC) leader Selibe Mochoboroane has accused Basotho National Party leader, Thesele ‘Maseribane and his deputy, Machesetsa Mofomobe, of conniving with the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane to prefer treason charges against him just to punish him for leading a parliamentary investigation into some controversial government tenders.
Mr Mochoboroane, who is also the Public Accounts Committee (PAC) chairperson, has been charged with treason together with former Deputy Prime Minister Mothetjoa Metsing, former army commander, Lieutenant General (Lt-Gen Tlali Kamoli) and an army officer, Captain Litekanyo Nyakane.
Their trial failed to kick off on Tuesday after they filed a Constitutional Court application for an order barring the Adv Motinyane from prosecuting them for treason on the grounds that an October 2018 agreement between the governing coalition and the opposition offers them immunity from prosecution for any crime until after the implementation of the multi-sector reforms. (see story on page 4).
Messrs Mochoboroane and Metsing subsequently addressed a press conference where the former accused Chief ‘Maseribane and Mr Mofomobe of conniving with Adv Motinyane to prosecute him. He alleged that the trio were victimising him for leading a PAC investigation into the awarding of the controversial M380 million Mpilo Boulevard tender as well as the M26 million tender scam involving controversial Chinese businessman Yan Xie and four local companies that were awarded tenders to supply the government with park homes early last year.
The park homes scandal is centred on allegations that the four local companies awarded the tender were paid a total of M26 million by the Ministry of Home Affairs on 22 March 2019. However, the money was immediately fraudulently transferred into Mr Xie’s accounts by the controversial businessman’s employees. It is alleged that Mr Xie — popularly known as John — had access to the four companies’ accounts after he had helped them to fund the tenders. He had funded them on the basis that he would control 51 percent equity in each of the companies as well as have access to their bank accounts to protect his investments.
But then payments were finally made to the companies, Mr Xie swept the account leaving them with nothing. PAC is investigating allegations that some ministers including Home Affairs deputy Minister Mr Mofomobe committed a crime by concealing fraud because of their failure to report the whole matter to the police once they had become aware of Mr Xie’s alleged fraud. The law requires every citizen to report any criminal offence to the police once they become aware of it.
The Mpilo Boulevard tender was first advertised in April 2019 and among other things, the successful bidder is expected to construct new road links, flyover bridges for vehicles as well as pedestrian bridges.
It is envisaged that when complete, the new look Mpilo Boulevard will reduce traffic congestion in the city and also reduce carnage on the roads.
The Director General of the Directorate on Corruption and Economic Offences (DCEO), Mahlomola Manyokole, subsequently ordered the Maseru City Council (MCC) to stop the processes of awarding the multi-million tender pending investigations to determine if the tendering process has been above aboard. So far there has not been anything linking Mr Mofomobe or Chief ‘Maseribane to the Mpilo tender.
Addressing the media on Tuesday, Mr Mochoboroane said he remained unfazed by the treason charges which were “politically motivated”.
“You will remember that I am the chairperson of Public Accounts Committee and after the scandal of M26 million park homes tender and the M380 million Mpilo road tender, that is when I learned I would be charged for high treason. But I will not be fazed by the charges which are politically motivated.
“My suspicion is that the Deputy Minister of Home Affairs (Mr Mofomobe) is afraid of something. There are two or three people who are interested in the matter as it is not being pushed by the Prime Minister (Thomas Thabane) or his deputy (Monyane Moleleki). It is being pushed by ‘Maseribane, Machesetsa and the DPP. I also learned that the trio met on 7 February 2020 and that the BNP leader met the DPP and Abrahams to push this matter.
“Treason charges are supposed to pressed by the government of the day and if they want to pursue treason charges, they should start from 1998 when the BNP participated in acts to topple the (then LCD) government,” Mr Mochoboroane said.
On his part, Mr Metsing said instead of treason charges against them, there should be a truth and reconciliation commission (TRC) to bring to light so many injustices perpetrated from 2012 to 2015 by various politicians including those who were now in government.
“If you remember in 2014, I was the deputy prime minister (in Thabane-led coalition along with the BNP) and there was a fallout in government and a political settlement was reached with SADC. I am surprised that anyone would want to go back to the issues of 2014. There was no attempted coup but there was a problem and we agreed with SADC that it needed to be solved.
“To my understanding the 2015 elections (which toppled Dr Thabane and brought in the Pakalitha Mosisili-led seven parties coalition which lasted until June 2017) was the ultimate solution to those problems (of 2014 which are now said to have been an attempted coup).
“There are so many people including politicians who did more drastic things in 2014 and in 2015 when I became deputy prime minister in the coalition led by Ntate Mosisili, I could have pushed for them to be charged. But I did not do so because I felt everything had been resolved through the 2015 elections. There were people who were accused of mutiny and Ntate Thabane fled the country with other members of the security sector but an agreement was reached for their return and those who had been arrested were released. This (treason charges) is a political stunt. I hope SADC will not allow the (November 2018) memorandum (of understanding with the government drop charges against Mr Metsing and others until after the implementation of the reforms) to be undermined.
“I have always maintained that the holier than thou approach (by the government) will not help us. We need to come together either through a government of national unity or transitional arrangement. We are in a process of implementing reforms and we agreed to establish a truth and reconciliation commission.
“Let us avoid politicising the courts and budget for a truth and reconciliation commission. If people feel they need to know what happened in 2014, that will be discussed at that forum which will be open for everyone,” Mr Metsing said.
