- 30-day sentences suspended on condition they reinstate Adv Mokoko
- Board vows to appeal Labour Court judgment
Mohloai Mpesi
THE long-running war between Revenue Services Lesotho (RSL) and its “fired” Commissioner-General, Advocate ’Mathabo Mokoko, reached a dramatic turning point this week after Labour Court President Teboho Thoso sentenced the entire RSL Board to 30 days in prison for contempt of court.
The jail terms were wholly suspended indefinitely—but only on condition that the Board reinstates Adv Mokoko to her position pending the finalisation of her main case challenging her dismissal.
Delivering the ruling yesterday, President Thoso said the Board had “wilfully defied” a binding Labour Court order that barred them from dismissing Adv Mokoko without a disciplinary hearing and pending finalisation of her court challenge of the dismissal.
Court: Board wilfully ignored order
“The respondents are committed to prison for thirty days for contempt of court,” Mr Thoso ruled. “The sentence is wholly suspended indefinitely on condition that they purge their contempt by reinstating the applicant……”
The Board chairperson, Adv Lindiwe Sephomolo KC, and seven other members were also ordered to pay the costs of the application.
Board defiant: ‘We are not reinstating her’
Speaking to the Lesotho Times, a defiant Adv Sephomolo made it clear the Board would not reinstate Adv Mokoko.
“We are not going to comply. We are seeking legal advice, and we intend to appeal the decision,” she said.
She argued that President Thoso’s ruling was predictable since he had issued the earlier interim order stopping Adv Mokoko’s dismissal. In her view, he was merely confirming his previous stance, hence the Board’s decision to challenge the ruling in a higher court.
Background: A firing carried out in defiance of the court
The dispute began on 7 November 2025 when the Board dismissed Adv Mokoko, accusing her of incompetence and failing to follow governance protocols.
But the day before her dismissal, on 6 November, Adv Mokoko had filed an urgent Labour Court application seeking an interdict against any attempt to remove her. The court granted her interim protection that same day.
The order prohibited the Board from firing her without holding a disciplinary hearing, as required by her employment contract. It also stayed the firing pending the finalisation of Adv Mokoko’s main case challenging her dismissal.
Despite this, the Board proceeded with the dismissal the next morning, prompting the contempt application.
Why the Board wanted her out
The Board accused Adv Mokoko of:
- bypassing internal governance structures,
- writing directly to the Auditor-General,
- threatening (allegedly) to pursue judicial review,
- mishandling taxpayer refunds, and
- failing to manage reputational risk amid rising complaints from businesses, among other allegations.
The Board also accused her of undermining their authority by communicating operational matters to external authorities without approval.
Mokoko: I did not bypass the Board
In her court papers, Adv Mokoko strongly disputes the allegations.
She says she followed all proper channels when raising concerns about what she describes as ministerial interference by Finance Minister Dr Retšelisitsoe Matlanyane.
She says she repeatedly informed the Board about the minister’s demands, including requests for:
- names of taxpayers,
- refund timelines,
- VAT clearance reports,
- and a debt-to-equity adjustment for the mining sector.
When the Board allegedly failed to protect the RSL’s operational independence, she escalated the matter through a formal grievance—something the Board now frames as insubordination.
She also denies claims that refund payments were mishandled, insisting they were released as soon as verification processes were completed.
A deeper political fallout?
The fallout between Adv Mokoko and Minister Matlanyane appears to have worsened after she refused:
1. a November 2024 request to exempt a Chinese investor from taxes, and
2. a March 2025 request to allow US nationals to shop in Lesotho without paying VAT — something she says required legislative amendments.
She argues that her refusal to break the law or violate SACU and VAT rules triggered hostility from the minister and may have influenced the Board’s decision to remove her.
Legal battle far from over
With the contempt ruling now on record and the Board openly refusing to reinstate Adv Mokoko, the matter is speeding toward a major legal showdown.
For now:
- The Board is technically “jailed” but not behind bars unless they refuse to comply.
- They have vowed to appeal.
- Adv Mokoko remains out of office despite a court order saying she should be back.
As the Labour Court president noted, the sentence will only remain suspended if the Board reinstates her. If not, imprisonment becomes a real possibility.
The battle continues — and the stakes for governance at RSL have never been higher.
