Moorosi Tsiane
LESOTHO Police Staff Association (LEPOSA) president, Teboho Modia, has launched a M3 million lawsuit against Police Commissioner, Holomo Molibeli, for malicious prosecution.
In his court papers filed this week, Senior Inspector Modia submits that in November 2021 Commissioner Molibeli wrongfully charged him after he (Modia) read a press statement on People’s Choice FM after 75 guns had been stolen from the armoury of Mafeteng Police Station that month.
Two police officers and a civilian were subsequently charged before the Mafeteng Magistrate Court after seven of those guns were found and linked to them. Their case is still pending before that court.
In its press release read by Snr Insp Modia, LEPOSA had labelled Commissioner Molibeli incompetent and inefficient, demanding that he must no longer hold the office of the Commissioner of Police.
This infuriated Commissioner Molibeli who on 31 January 2022 hauled Snr Insp Modia before Maseru Magistrates Court for “defaming” the police force by calling him incompetent.
Commissioner Molibeli went on to suspend Snr Insp Modia on 30 March 2022 pending the finalisation of the criminal case
However, Commissioner Molibeli’s case was dismissed by Maseru Magistrate Teboho Thoso on 30 November 2022 for lack of evidence. Nonetheless, Snr Insp Modia remains suspended.
It is on the basis of his acquittal by Magistrate Thoso that Snr Insp Modia is now demanding M3 million for wrongful prosecution.
He asks the High Court to order Commissioner Molibeli to pay him as follows: M1,5 million for malicious prosecution and another M1,5 million for contumelia.
Commissioner Molibeli and the Attorney General Rapelang Motsieloa are the first and second respondents respectively.
Senior Insp Modai says it was wrong that Commissioner Molibeli charged him in his individual capacity yet he was speaking on behalf of LEPOSA.
He had also been charged without reasonable cause as the said statement never caused any police official to withhold their services due to its influence as he had alleged.
Snr Inspector Modia further argues that LEPOSA is an independent entity which can be sued or can sue in its own name. It was therefore unjustified for Commissioner Molibeli to have sued him in his personal capacity yet he had published the press release as a representative of the association, he says.
Senior Insp Modia claims that as a result of the malicious prosecution, he was prejudiced as he has been interdicted from duty from when the legal proceedings were instituted.
His efforts to get his outstanding wages had been in vain as Commissioner Molibeli ignored his demands.
“As a result of the prosecution that was initiated by the defendant, the plaintiff’s image was tainted as he was seen by the general public as a criminal,” Insp Modia’s court papers state.
Commissioner Molibeli has not responded to the application.
Hardly a month passes by without the police boss being sued for wrongful arrest or torture against civilians. He is now widely regarded as a liability to the country’s security apparatus.
