Mohalenyane Phakela
THE Directorate on Corruption and Economic Offences (DCEO) has taken two former National Security Services (NSS) officials to court for prejudicing the government of more than M6 million through illegal appointments of staff to the national spy agency.
Former NSS Human Resource Director and Human Resource Manager, Tau Makhalemele and Teboho Liau respectively, have been accused of unlawfully hiring and facilitating the salaries of 90 NSS officers between 2016 and 2017 resulting in the government losing more than M6 million.
Messrs Makhalemele and Liau appeared before Maseru Senior Resident Magistrate Thamae Thamae on Tuesday and were released on M5 000 bail each.
They will return to court on 4 April 2023.
The two allegedly connived and hired the 90 officers between December 2016 and September 2017. They then made “false representations” to the salaries department of the NSS to have the 90 paid monthly salaries.
However, these recruits were fired on 1 January 2018 by then Prime Minister, Thomas Thabane’s government after assuming power post the June 2017 elections. Mr Thabane argued the officers had been hired unlawfully and on political grounds.
Seventy-seven of the 90 petitioned the High Court to nullify their expulsions in January 2018. Justice Keketso Moahloli dismissed their application on 12 August 2022.
The NSS had instituted disciplinary proceedings against Mr Makhalemele in February 2018. He petitioned the Constitutional Court to stop his intended expulsion but he lost the case and was subsequently fired. His case was heard by Justices Tṥeliso Monapathi, ‘Maseforo Mahase and ‘Mafelile Ralebese who dismissed it on 6 July 2022.
Mr Liau was also subjected to disciplinary proceedings. He also ran to the High Court to stay the disciplinary proceedings but lost the bid on 17 June 2022. He was eventually dismissed from the NSS effective from 10 August 2022.
And now the duo was this week charged with fraud.
“….Between 19 December 2016 and 9 September 2017, the accused being employees of the state, sharing a common purpose, did make a false representation by enrolling and preparing Casuality Return Forms portraying the employment of 90 information officers in the NSS and presenting the same to NSS employees in the salaries department for the latter to process their salaries in accordance with the positions and grades filled, whereas at the time of the representation, the accused knew or had a reason to believe that those people were not employees of the NSS,” reads part of the chargesheet.
“As a result thereof, the government suffered actual prejudice in the amount of M6 422 761.99 in the form of salaries (of the 90). The accused did thereby commit the offence of fraud.”
After the DCEO prosecutor, ‘Malerato Ntsatsi, read the charge sheet, Magistrate Thamae asked the accused whether they understood the charge.
He then released them on bail. He ordered them not to interfere with Crown witnesses, attend remands and stand trial to finality.
Messrs Makhalemele and Liau were represented by Adv Molise Molise who said he did not have any objection to the bail conditions.
