Mohalenyane Phakela
FIRED Lesotho Tourism Development Corporation (LTDC) chief executive officer (CEO), Retṥelisitsoe Nko, has petitioned the Labour Court to overturn his 22 February 2023 dismissal from his plump post.
Dr Nko argues that he cannot be dismissed while his case challenging the inquiry into his fitness to remain in office was still pending before the Labour Court.
In fact, he wants the chairperson of the tribunal, one Advocate Nnono, and the Ministry of Trade, Industry, Business Development and Tourism Principal Secretary, Moshe Mosaase, to be jailed for contempt of court.
He argues that they failed to defer the tribunal and ultimate dismissal even though he had obtained a court order staying those proceedings.
The Board of Directors – LTDC, the LTDC, Adv Nnono, Minister of Trade, and Attorney General Rapelang Motsieloa are first to fifth respondents in the application.
Mr Mosaase issued a statement on 24 February 2023 in which he stated that the LTDC Board had on 22 February 2023 unanimously approved the dismissal of Dr Nko.
“The termination of employment of Dr Nko follows thorough investigations into an alleged involvement in a fighting and shooting incident that occurred at Hillsview, Maseru, on 27 December 2022, which investigations culminated into the disciplinary process being conducted,” part of Mr Mosaase’s statement reads.
“The disciplinary process was presided over by an independent chairperson on 14 and 21 February 2023. Dr Nko was found guilty on two charges, namely, bringing the corporation’s name into disrepute as well as threatening behaviour per the corporation’s code of conduct. The dismissal came after the failure of the corporation’s efforts to try to negotiate mutual contract termination.”
Dr Nko had been hauled before the Maseru Magistrates’ Court on 6 January 2023 where he was remanded out of custody by Magistrate ‘Mamorojele Qoo due to his ill health.
The former LTDC boss stands accused of the 27 December 2022 Hillsview incident in which he allegedly shot one Thulo Mothepu on his leg.
He also allegedly shot at one Sethole Mothepu but missed him. The shot reportedly damaged the wall of Moliko Mothepu’s house.
Dr Nko was also accused of disturbing the peace.
It is alleged that Dr Nko was also shot during that incident, although it is not clear whether he shot himself or was shot by another person. His trial is still pending before the Maseru Magistrates’ Court due to his ill health.
He submitted a sick leave from his private doctor to the LTDC on 9 February 2023. However, the LTDC Board resolved to take him to Queen ‘Mamohato Memorial Hospital for an assessment by a public hospital doctor. A contradictory assessment report from Queen ‘Mamohato deemed Dr Nko fit to appear before a tribunal.
Dr Nko’s lawyer, Christopher Lephuthing successfully petitioned the Labour Court to issue an interim interdict staying the tribunal proceedings on 14 February 2023. The order was obtained as part of the main application challenging the lawfulness of the tribunal probing Dr Nko’s fitness to remain as the LTDC boss.
Nonetheless, the tribunal proceeded to sit on 21 February 2023, resulting in the unanimous decision to dismiss him the following day.
Dr Nko has now run back to the same Labour Court to seek the incarceration of Adv Nnono and Mr Mosaase for failing to obey the 14 February 2023 court order. He wants both of them jailed for contempt of court, in addition to having his dismissal overturned.
