Moorosi Tsiane
FIRED High Commissioner to Canada, Molise Tšeole, has petitioned the High Court seeking to nullify his 23 April 2024 dismissal by the government of Prime Minister Sam Matekane.
Mr Tšeole was appointed Lesotho’s High Commissioner to Ottawa, Canada, on 10 June 2021 by the previous coalition government anchored by the All Basotho Convention (ABC) and the Democratic Congress (DC). He hailed from the DC.
Mr Tšeole landed in hot water after he on 14 April 2024 made a Facebook post slandering the current Revolution for Prosperity (RFP) led coalition government.
In the post, Mr Tšeole said: “Ka ‘muso oo le o thethileng oa barui. Barui haesale ele bona ha ba so bone mafutsaana ka letho. Joale banka lichelete tsohle tse neng li thusa hore bohle ba ‘ne baphele, ba ikabela bona ba le bang. Ba lihile likhoebo tsohle tsa Basotho. Ha hona lichelete tse rekang litsebeletso life kapa lefe kahara Sechaba. There is no buying power, there is no money in circulation amongst all the people. Just saying”.
This can loosely be translated to mean: “This government of the rich. They see the poor as nothing. They take all the monies which used to help others live and divide it amongst themselves. They have collapsed Basotho businesses…”
He was resultantly hauled before a disciplinary hearing chaired by Ministry of information, Communications, Science, Technology and Innovation Principal Secretary (PS), Kanono Ramashamole, on 19 April 2024.
He was charged for contravening section 3 of the Codes of Good Practice governing civil servants by failing to have absolute and undivided loyalty to the Constitution and the government, failing to support and maintain the government according to the constitution, bringing the public service into disrepute and by circulating vexatious statements with malicious intent.
According to Mr Ramashamole’s judgement, Mr Tšeole failed to convince the disciplinary panel that he did not contravene the Codes of Good practice.
Mr Ramashamole’s committee therefore concluded that Mr Tšeole was not in a good position to represent Lesotho abroad, and should return home.
After being slapped with a recall letter, Mr Tšeole approached the High Court this week for an order to stay the move pending his appeal which has already been filed before the Public Service Tribunal.
PS Ministry of Foreign Affairs and International Relations Thabang Lekhela, Minister of Foreign Affairs and International Relations Lejone Mpotjoane, Mr Ramashamole and Attorney General Rapelang Motsieloa are cited as first to fourth respondents respectively.
“I am seeking an order that my recall from foreign service already initiated by 1st respondent pursuant to the finding of guilty by the disciplinary panel be stayed pending the hearing of the appeal before the Public Service Tribunal under case no. PST/03/2024.
“The relevant tribunal only has the powers to determine the appeal before it, not whether the recall is lawful under the circumstances, only this honourable court has such powers,” submits Mr Tšeole through his legal representatives Rasekoai, Rampai and Lebakeng Attorneys.
Mr Tšeole further argues that the Public Service Tribunal proceedings are “still internal” and therefore entitle him to the stay of execution of the disciplinary panel decision subject to the appeal.
“I further aver that the proceedings before the Public Service Tribunal are still internal and therefore entitle me to the stay of the execution of the (recall) decision subject to the appeal.
“I strongly aver that the appeal before the Public Service Tribunal is the component of a fair hearing before the dismissal can be effected. To recall me in the circumstances of the present case undermines my right to a fair hearing and therefore renders the relevant decision reviewable,” he averred.
He further argued that if he gets recalled notwithstanding the appeal the said appeal will be rendered nugatory as he will already be home.
“I aver that if the recall is to take place notwithstanding the pending appeal, the said appeal will be rendered nugatory as I will already be home. I aver that if the appellate tribunal sets aside the decision of the disciplinary enquiry, I will be entitled to remain in my current position which cannot be the case if by that time I would have already been recalled.”
Mr Tšeole will move his interdict application today to first argue on the merits of its urgency.
He has argued in his papers that the matter should be heard urgently as he has been deadlined to be back in Lesotho by 7 May 2024. If the application is put on the ordinary roll, that date is likely to arrive without the case having been concluded.
