Home NewsLocal News Molibeli seeks the banning of the Lesotho Times 

Molibeli seeks the banning of the Lesotho Times 

by Lesotho Times
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…claims the newspaper is operating “illegally” 

Mohalenyane Phakela 

FORMER Police Commissioner, Holomo Molibeli, and his “ally”, Thabiso Moroahae of Tholo Energy, want the Lesotho Timesnewspaper banned from operating. 

Mr Molibeli will move a bizarre application in the High Court tomorrow asking the court to shut down this newspaper because it is operating “illegally”. 

It seems to be lost on the two gentlemen that the Lesotho Timeshas been in operation for nearly two decades now and is long the nation’s news masthead. It is not clear why they have waited so long to seek the newspaper’s banning. 

They want it closed because they say it is operating “illegally” with no certificate of registration from what they describe as the Registrar-General’s office. They cite a law of nearly 60 years ago, the Printing and Publications Act 1967, which they say forbids any newspaper from operating without a licence. 

Each edition of the Lesotho Timesis therefore “illegal” and should not be allowed to circulate. 

For Mr Molibeli, the High Court should simply close down the Lesotho Times because it has no right to operate. He doesn’t say why it has taken him nearly 20 years to bring his application. 

It appears he sprung to action after our story two weeks back which said the former police boss had been implicated in a M40 million fraud case. 

While Mr Molibeli wants the Lesotho Timesshut down, Mr Moroahae - the owner of Tholo Energy – wants us to pay him  M20 million for allegedly “defaming” him. 

This is despite that all the stories we have carried on the M40 million fraud case are based on court proceedings. Mr Moroahae has even banned the Lesotho Timesfrom being sold in his fuel stations. 

The two were miffed by our quoting of an affidavit by Malerato Kutlisi, who is implicated in the fraud case. She has fired back, alleging that she – and her alleged accomplices – did not steal the money.  She alleges the money was in fact stolen by Mr Moroahae from Letseng Mine and he had allegedly connived with Mr Molibeli to hide the true origins of the money.  She claims she and her alleged accomplices were being used as mere scapegoats. 

She claims Mr Molibeli usurped the powers of the Directorate on Corruption and Economic Offences (DCEO) whilst still commissioner, to shield Mr Moroahae from possible prosecution by the DCEO (see story below). She insisted Mr Moroahae had fraudulently acquired the M40 million and therefore Mr Molibeli’s actions of hijacking the case from the DCEO was intended to scupper a proper probe about the real source of the millions.   

Ms Khutlisi and her husband, Tumisang Thahanyane, had been charged with 13 others for defrauding Tholo Energy of the M40 million. 

Instead of focusing their energies on countering Ms Khutlisi, Messrs Molibeli and Moroahae have opted to try and silence the media. 

As far as they are concerned, the Lesotho Times’s crime was its decision to report on a public court document which they see as “besmirching” them. 

In his lengthy court papers filed this week seeking the banning of the Lesotho Times, Mr Molibeli denies having any knowledge or influence on the Tholo Energy case while still the police boss. 

“As the commissioner of police, I superintended the Lesotho Mounted Police Service. LMPS has several departments including Criminal Investigation Division (CID), Fraud Section, Special Operations Unit (SOU), Administration and Finance and Infrastructure Development (FID), and Police Service Delivery,” Mr Molibeli claims. 

“Once the offence concerning Tholo Energy was reported to the LMPS, the special team was assembled to investigate the matter, and the investigation led to the arrest of several persons and the attachment of the properties concerned. 

“During the investigation of the matter by the team (which I was not part of), several suspects or persons involved came forth to admit participation or knowledge of the offence and duly signed admissions to that effect. The suspects were duly arraigned before the courts and were released on bail. 

“I aver that although I was commissioner of police, I was not involved in the operations of the LMPS such as CID, SOU, etc. I oversaw their operations which were controlled, directed and supervised by the units’ respective leadership. I am not aware that there were allegations of wrongdoing concerning Mr Moroahae or Tholo’s source of money. As far as I am aware, there has never been any such report filed with the LMPS. 

“Furthermore, the LMPS, pursuant to the Money Laundering and Proceeds of Crime (Amendment) Act 2016, LMPS is part of the competent authorities charged with the responsibilities under that Act 2008 to investigate money laundering and proceeds of crime offences and to take appropriate enforcement measures prescribed under that Act 2008. 

“The publication in the Lesotho Times … concerning me is clearly defamatory. My reputation was thus violated by the aforesaid publication as the public now views me as being involved in corruption, fraud and money laundering, and having engineered a scheme to falsely charge the suspects whilst protecting Mr Moroahae and also lying to the courts, and getting preservation orders by false pretences.” 

The Lesotho Times Publisher, its holding company Africa Media Holdings, and Letuka Mame are first to third respondents respectively in the application. 

Mr Molibeli therefore wants the Lesotho Timesshut down, claiming it was not registered under the Printing and Publishing Act 1967, meaning it has been operating illegally for the nearly 20 years of its existence. 

“I aver that section 7 of the Printing and Publications Act 1967 prohibits the printing and publication of a newspaper, magazine or periodic intended for public sale or distribution, except where a person (proprietor) has previously applied for, was registered and obtained or issued with a certificate of registration by the Registrar General, and having paid the prescribed fee thereof. Failure to comply is a criminal act punishable by a fine or imprisonment under section 15 of the Act 1967. 

“I further aver that in terms of section 8 of the Act 1967, before any person may print and publish a newspaper, he or she must give the Registrar General full details of the newspaper’s names, the name and address of all each proprietor, publisher, printer, manager and editor. Failure to comply is a criminal act punishable by a fine or imprisonment under section 15 of the Act. 

“I aver that the respondents are printing and publishing Lesotho Times in all its formats (print, online and social media) without first having particulars required by Act 1967 registered, and the certificate of registration issued by the Registrar General as Act 1967 prescribed … since 22 April 2008, the respondents on a daily basis continue to violate the law and commit crime. 

“First and second respondents are therefore operating and holding Lesotho Times out as a newspaper contrary to the law, and their conduct in printing and publishing any information, news or matter in all of its formats for sale or distribution to the public is unlawful, null and void.” 

On the other hand, while Mr Moroahae has not gone to court yet, he served the Lesotho Timeswith a letter on 14 March 2024, also claiming defamation of character by this publication. His lawyers, Tṧabeha Associates, demanded retraction or they would sue. 

“We have been instructed therefore, to demand, as we hereby do, that you should retract this defamatory story, tender a written apology to Client by the close of business on Monday the 18th March 2024. Along with the written apology you must provide a written undertaking to publish the retraction letter on your next two consecutive publications. 

“Should you fail to comply with the demand stated above, we have instructions to issue summons for damages for defamation, in the amount of M20 000 000 and to interdict you from publishing any further malicious and defamatory stories about clients on a pendent lite basis,” Tṧabeha Associates wrote. 

The Lesotho Timeshas since advised Tṧabeha Associates that it will not comply with their demand. It will also meet Mr Molibeli in court. 

The Lesotho Timesconsistently criticised Mr Molibeli during his tenure as police commissioner for his obvious incompetence as crime spiralled with the police under his leadership becoming a bystander.  

 

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