Moorosi Tsiane
OUTSPOKEN Lesotho Correctional Service (LCS) Chief Officer (CO), Bokang Ramotena, is challenging her boss, Commissioner Mating Nkakala’s decision to promote 12 LCS officers.
CO Ramotena petitioned the High Court last Wednesday, seeking relief to stay the purported promotions by the LCS Commissioner.
This followed Mr Nkakala’s issuance of an internal circular on 25 October 2024, advertising vacant positions within the service. The circular called for applications to fill the roles of Senior Assistant Commissioner (1), Senior Superintendent (2), Superintendent (4), and Assistant Superintendent (5).
Mr Nkakala, Principal Secretary for the Ministry of Law and Justice Lira Ralebese, Minister of Law and Justice Richard Ramoeletsi, and Attorney General Rapelang Motsieloa are first to fourth respondents respectively.
CO Ramotena argued in court documents that Commissioner Nkakala committed irregularities by issuing the circular before the LCS 2024 promotion guidelines had been formally adopted.
“On the 17th day of October 2024, the First Respondent (Nkakala) issued a memo to the Second Respondent requesting the adoption and approval of the LCS Promotion Guide 2024,” CO Ramotena stated.
“On 25 October 2024, Nkakala issued our Corrections Internal Circular Notice No. 23 of 2024 to all the stations concerning the job advertisement. I aver further that Nkakala has committed an irregularity by advertising the jobs contained in the Corrections Internal Circular Notice No. 23 of 2024, despite the promotion guide forming their basis not being adopted and approved. I aver further that this irregularity has to be reviewed and set aside.”
She further explained that established LCS practices required the promotion guideline to be officially adopted and distributed to all stations before it could take effect.
She therefore requested the court to stay the job advertisement under Corrections Internal Circular Notice No. 23 of 2024 until the matter was finalized. Additionally, she sought an interdict to prevent Mr Nkakala from conducting any interviews related to the advertised positions and to bar Mr Ramoeletsi from endorsing the promotions pending the resolution of the case. She also requested that the decision to advertise the vacancies be reviewed and set aside.
Through her lawyer, Advocate Griffiths Lejakane, CO Ramotena argued the urgency of the matter, saying the closing date for applications was near, and failure to halt the process would render her case moot.
However, Adv Motlatsi Nku, representing the respondents, countered that the matter was not urgent, asserting that CO Ramotena would not suffer any prejudice since she had not applied for the advertised positions.
The application was heard this week by Chief Justice Sakoane Sakoane, who declined to grant the matter urgency.
Judge Sakoane agreed with Adv Nku, ruling that the case was not urgent and must follow normal court procedures.
This ruling is a setback for CO Ramotena, as the promotions process can now proceed while her case is dealt with through the usual judicial channels.
CO Ramotena is known as a critic of what she alleges as dubious promotions at the correctional service.
At one point in 2021, CO Ramotena filed an application on behalf of the Lesotho Correctional Service Staff Association (LCCSA) seeking the imprisonment of then acting Commissioner, Chabana Majara, for his failure to reverse the 2015 LCS promotions in line with 31 May 2019 Court of Appeal ruling. Those 2015 promotions were done by the then LCS Commissioner, ‘Matefo Makhalemele.
