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Why ABC lost the elections

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MASERU – THE All Basotho Convention (ABC)’s thumping defeat in the election last week could have dealt the party a massive blow from which it might never recover.

The party is now down 200 000 votes and 40 seats. It did not win a single constituency.

Eight compensatory seats are all it has to show for its efforts.

So spectacular was the collapse that even the leader Nkaku Kabi did not win in his constituency. Other stalwarts also bit the dust.

Whichever way you look at it, the party faces an uncertain future. And it has only itself to blame for the remarkable demise.

Incessant internal squabbles were the biggest cause of its undoing. Having failed to manage its succession, the party embarked on a path to self-emolition.

Thomas Thabane, its founder and former leader, should take the blame for swinging the hammer that delivered the most fatal blows on the party.

He held on to power for too long and stubbornly refused to let internal democracy prevail when it was time to go.

Instead of taking the back seat in the race to replace him Thabane repeatedly interfered, pretending to be neutral but playing for one of the teams. His undemocratic tendencies put off even some of the party’s staunchest supporters.

By the time Kabi took over, the ABC was damaged goods. His spirited campaign in the weeks preceding the election could not turn the tide.

Thabane had created a monumental mess that was killing the party slowly.

His first mistake was to wage a war to block Nqosa Mahao’s election as his deputy leader. In so doing, he was tearing the ABC constitution and antagonising a significant bloc in the party.

Thabane refused to work with Mahao and resorted to political chicanery to frustrate him.

A frivolous court case was launched to nullify Mahao’s victory. Thabane might not have been the face of that lawsuit but he sure gave his blessing.

When that failed Thabane became belligerent and refused to work with Mahao.

Mahao eventually left to form the Basotho Action Party (BAP), taking with him a significant chunk of ABC supporters and MPs.

Prime Minister Moeketsi Majoro replaced Mahao but Thabane and his hawks immediately leapt on him. It became clear that Thabane was not holding on to power for his preferred candidate but for himself. He was the team he was fighting for.

Majoro was hounded out of the party but refused to let go of the premiership.

It was a decision that would haunt the party for months and eventually play a role in the party’s poor showing in the election.

Instead of extending the olive branch and mitigating the damage, Kabi and his supporters sharpened their knives against Majoro and his government.

When their ill-conceived move to topple Majoro’s government in parliament failed, Kabi and his executive pulled out the ABC from the government.

It was a pyrrhic victory because it did not change anything.

Majoro continued to rule with the remaining ABC MPs who were ministers and saw no incentive in toppling the government. The Democratic Congress (DC) also provided a buffer that insulated Majoro from Kabi’s manoeuvres.

As the elections approached Kabi realised the mistake of alienating Majoro.

Majoro refused to give him access to the state resources that could have oiled his campaign. Bereft of the means that come with being the incumbent, Kabi had to scrounge around.

He became so desperate that he received dirty money from the famo music gangs loathed by many because of their heinous crimes.

It didn’t help that he did not have any positives to point at to justify his pleas for a fresh mandate from the people. Under the ABC corruption and unemployment had worsened. Nepotism and cronyism were the order of the day.

Billions of state funds had been pilfered by civil servants under the ABC’s watch. Roads were poked with potholes and infrastructure crumbled.

Hunger had exacerbated to make a mockery of the ABC’s election promise to eradicate it. Basotho were living in fear because of violent crimes.

The police were not only corrupt but also poorly equipped to deal with the scourge of crime. The government was so broke that it failed to pay suppliers and delayed civil servants’ salaries.

The economic transformation the ABC fervently promised had failed to materialise.

To the angry voters, it did not matter that the bulk of the government’s financial troubles had been caused by the Covid-19 pandemic that had shaken almost every economy in the world.

True, the company closures, especially in the textile industry, had emptied thousands onto the streets.

Granted, the lockdowns had affected the government’s revenues. True, Lesotho’s share of the Southern African Customs Union revenues was at its lowest in years.

Yet none of those explanations would have resonated with the voters who had long convinced themselves that the ABC was to blame for their economic problems.

Kabi was up against a perception that had been concretised.

It did not help that Kabi is not a gifted orator and lacks the charisma of Thabane in his prime. He might have schemed his way to the top but he could not talk his way into the voters’ hearts.

Kabi could not fill Thabane’s outsized boots. The lack of a clear campaign message only made things worse.

Without Thabane, his political godfather, to handhold him, Kabi was at sea. He struggled to find his voice and made schoolboy blunders.

His attempts to ingratiate himself with the dangerous famo gangs was political suicide.

Yet the voters might still have forgiven the ABC were it not for other monumental mistakes committed by its government.

One of the biggest bungles was the government’s inept handling of the wool and mohair industry.

They railroaded an ill-advised policy to localise the industry by giving Stone Shi, a Chinese national, the monopoly to buy wool and mohair from the farmers.

The decision would not have been as infuriating if Shi had played fair with the farmers.

The government however continued to force the farmers to sell their fibre to Shi even as it became clear that he was broke, his business model unworkable and scamming the poor farmers.

When the farmers resisted the injustice, the government set the police on them. Some of its ministers vowed to punish farmers who refused to sell to Shi.

By the time sense prevailed and the policy was reversed, thousands of farmers were on their knees. Their flocks had dissipated and bank accounts were empty.

To make up for its mistake the government settled some of Shi’s debts to the farmers. But the damage had been done. The rural voters were infuriated and itching to punish the ABC at the polls.

The legal troubles of Thabane and his wife only deepened the animosity towards the ABC. The two might be off the hook for the 2017 murder of Lipolelo Thabane but the case remains alive.

Thabane’s wife, Maesiah, was vile with both her character and mouth. She gave the impression she was running the government on Thabane’s behalf.

Whether this was a myth or lie, Thabane did nothing to refute it. She would harangue senior government officials and ministers for incompetence.

When she was not injecting herself into government and party matters, she was misusing her newfound status as the first lady.

She brawled with a woman at a local hospital. A waiter at a lodge was tongue lashed for delaying her drinks. A young man who mistakenly called Thabane was frog-marched to the State House to be whipped by Maesiah and her friends.

Within just a few months she had become the most hated woman in Lesotho and her husband suffered for it.

When Mahao broke away it looked like his party was the sanctuary that embittered ABC supporters were looking for. And for some months it looked as if the BAP was going to be the biggest beneficiary of the ABC fiasco.

Then out of the blue came Sam Matekane’s Revolution for Prosperity (RFP) and Lesotho’s political establishment went into a tailspin.

Kabi looked paralysed as the RFP grew. Unlike other political leaders, he didn’t seem to have jabs against the RFP. His party was reeling.

It’s still sliding and its death beckons.

Unless something dramatic happens over the next five years the ABC’s tombstone will read: “Here lies a party that contrived to kill itself. A party that squandered massive goodwill and buried itself”.

A mouthful but true all the same.

Staff Reporter

 

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City Council bosses up for fraud

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THREE senior Maseru City Council (MCC) bosses face charges of fraud, theft, corruption and money laundering.

Town clerk Molete Selete and consultant Molefe Nthabane appeared in the Maseru Magistrate’s Court yesterday.

City engineer Matsoso Tikoe did not appear as he was said to be out of the country. He will be arraigned when he returns.

They are charged together with Kenneth Leong, the project manager of SCIG-SMCG-TIM Joint Venture, the company that lost the M379 million Mpilo Boulevard contract in January.

The joint venture made up of two Chinese companies, Shanxi Construction Investment Group (SCIG) and Shanxi Mechanization Construction Group (SMCG), and local partner Tim Plant Hire (TIM), has also been charged.

Selete and Nthabane were released on bail of M5 000 and surety of M200 000 each. Leong was granted bail of M10 000 and surety of M400 000 or property of the same value.

The charges are a culmination of the Directorate on Corruption and Economic Offences (DCEO) investigation that has been going on for the past months or so.

The prosecution says Selete, Nthabane, Tikoe, and Leong acted in concert as they intentionally and unlawfully abused the functions of their offices by authorising an advance payment of M14 million to a joint-venture building the Mpilo Boulevard.

An advance payment guarantee is a commitment issued by a bank to pay a specified amount to one party of a contract on-demand as protection against the risk of the other party’s non-performance.

The prosecution says the payment was processed after the company had provided a dubious advance payment guarantee. It says the officials knew that the guarantee was fake and therefore unenforceable.

As revealed by thepost three weeks ago, SCIG and SMCG were responsible for providing the payment guarantee as lead partners in the joint venture.

The prosecution says the MCC was required by law to make advance payment after SCIG-SMCG-TIM Joint Venture submitted a guarantee as per the international standards on construction contracts.

It alleges that the MCC has now lost the M14 million paid to SCIG-SMCG-TIM Joint Venture because of the fake advanced guarantee.

thepost has seen minutes of meetings in which officials from the joint venture admitted to MCC officers that the advance payment guarantee was dubious.

SCIG-SMCG-TIM kept promising to provide a genuine guarantee but never did. Yet the MCC officials did not report the suspected fraud to the police or take any action against the company.

It was only in January this year that the MCC cancelled the contract on the basis that the company had failed to provide a genuine guarantee.

Despite receiving the advance payment SCIG and SMCG refused to pay TIM Joint Venture for the initial work.

SCIG and SMCG, the lead partners in the joint venture, are reportedly suing the MCC to restore the contract. Officials from TIM Plant Hire however say they are not aware of their partners’ lawsuit against the MCC.

Staff Reporter

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Scott fights for free lawyer

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DOUBLE-MURDER convict Lehlohonolo Scott is fighting the government to pay a lawyer to represent him in his appeal.
Scott, serving two life sentences for murdering Kamohelo Mohata and Moholobela Seetsa in 2012, says his efforts to get a state-sponsored lawyer have been repeatedly frustrated by the Registrar of the High Court, Advocate ’Mathato Sekoai.
He wants to appeal both conviction and sentence.
He has now filed an application in the High Court seeking an order to compel Advocate Sekoai to appoint a lawyer to represent him.
He tells the court that he is representing himself in that application because the Registrar has rejected his request to pay his legal fees or appoint a lawyer for him.
People who cannot fund their own legal costs can apply to the Registrar for what is called pro deo, legal representation paid for by the state.
Scott says Sekoai has told him to approach Legal Aid for assistance.
The Legal Aid office took a year to respond to him, verbally through correctional officers, saying it does not communicate directly with inmates.
The Legal Aid also said he doesn’t qualify to be their client.
“I was informed that one Mrs Papali, if I recall the name well, who is the Chief Legal Aid counsel, had said that Legal Aid does not communicate with inmates so she could not write back to me,” Scott says.
“Secondly, they represent people in minor cases. Thirdly, they represent indigent people of which she suggested I am not one of them.”
“Fourthly, there are no prospects of success in my case hence they won’t assist me.”
He says the Legal Aid’s fifth reason was that he has been in jail for a long time.
Scott is asking the High Court to set aside Sekoai’s decision and order her to facilitate pro deo services for him, saying her decision was “irregular, irrational, and unlawful”.
He argues that the Registrar’s role was to finance his case to finality, meaning up to the Court of Appeal.
The Registrar insists that the arrangement was to provide him a lawyer until his High Court trial ended.
Scott says his lawyer, Advocate Thulo Hoeane, who was paid by the state, had promised to file an appeal a day after his sentencing but he did not.
He argues that the Registrar did not hear him but arbitrarily decided to end pro deo.
Scott says he wrote to Acting Chief Justice ’Maseforo Mahase in 2018 soon after his conviction and sentencing seeking assistance but he never received any response.
Later, he wrote to Chief Justice Sakoane Sakoane in November 2020 and he received a response through Sekoai who rejected his request.
Scott tells the High Court that he managed to apply to the Court of Appeal on his own but the Registrar later told him, through correctional officers, that “the Court of Appeal does not permit ordinary people to approach it”.
He argues that “where justice or other public interest considerations demand, the courts have always departed from the rules without any problem”.
Staff Reporter

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Army ordered to pay up

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THE Ombudsman has asked parliament to intervene to force the Lesotho Defence Force (LDF) to compensate families of people killed by soldiers.
Advocate Tlotliso Polaki told parliament, in two damning reports on Monday, that the LDF is refusing to compensate the family of Lisebo Tang who was shot dead by soldiers near the former commander, Lieutenant General Tlali Kamoli’s home in 2014.

The LDF, she said, is also refusing to compensate the family of Molapo Molapo who was killed by a group of soldiers at his home in Peka, Ha-Leburu in 2022.

Advocate Polaki wrote the LDF in January last year saying it should pay Tang’s mother, Makhola Tang, M300 000 “as a reasonable and justifiable redress for loss of support”.

The Tang family claim investigation started in February 2022 and the LDF responded that it “had undertaken the responsibility for funeral expenses and other related costs”.

Advocate Polaki investigated whether the LDF could be held accountable for Tang’s death and whether his family should be compensated while the criminal case is pending.

She found that the soldiers were “acting within the scope of their employment to protect the army commander and his family” when they killed Tang.

Soldiers killed Tang in Lithabaneng while she was in a parked car with her boyfriend at what the army termed “a compromising spot” near the commander’s residence.

The three soldiers peppered the vehicle with a volley of shots, killing Tang and wounding the boyfriend.

Advocate Polaki found that the army arranged to pay for the funeral costs and to continue buying groceries and school needs for Tang’s daughter.

The LDF, however, kept this for only four years but abruptly stopped.

When asked why it stopped, the army said “there is a criminal case pending in court”.

The army also said it felt that it would be admitting guilt if it compensated the Tang’s family.

The Ombudsman said “a civil claim for pecuniary compensation lodged is not dependent on the criminal proceedings running at the same time”.

“The LDF created a legitimate but unreasonable expectation and commitments between themselves and the complainant which had no duration attached thereto and which showed a willingness to cooperate and work harmoniously together,” Advocate Polaki found.

“The LDF was correct in withdrawing such benefit in the absence of a clear policy guideline or order to continue to offer such benefit or advantage,” she said.

“However, she should have been consulted first as the decision was prejudicial to her interest.”

She said the army’s undertaking “fell short of a critical element of duration and reasonability”.

Tang was a breadwinner working at Pick ’n Pay Supermarket as a cleaner earning M2 000 a month.

Her daughter, the Ombudsman said, is now in grade six and her school fees alone had escalated to M3 200 per year.

She said an appropriate redress should be premised on her family’s loss of income and future loss of support based on her salary and the prejudice suffered by her mother and daughter.

She said M300 000 is “a reasonable and justifiable redress for loss of support”.

In Molapo’s case, Advocate Polaki told parliament that the LDF refused to implement her recommendations to compensate his two daughters.

The complainant is his father, Thabo Joel Molapo.

The Ombudsman told the army in August last year that it should pay the girls M423 805 “for the negligent death of their father”.

Advocate Polaki said despite that the criminal matter is before the court, “it is established that the Ombudsman can assert her jurisdiction and make determinations on the complaint”.

Molapo, 32, was brutally murdered by a soldier in Peka in December 2020.

Molapo had earlier fought with the soldier and disarmed him.

The soldier, the Ombudsman found, rushed to Mokota-koti army post to request backup to recover his rifle. When he returned with his colleagues, they found him hiding in his house. The soldier then shot Molapo.

The LDF, the Ombudsman said, conceded that the soldier killed Molapo while on duty and that he had been subjected to internal disciplinary processes.

“The LDF is bound by the consequences of the officer’s actions who was negligent and caused Molapo’s death,” she said.

She found that after Molapo was killed, army officers and the Minister of Defence visited his family and pledged to pay his children’s school fees. They also promised to hire one of his relatives who would “cater for the needs of the deceased’s children going forward”.

The LDF, she said, has now reneged on its promises saying its “recruitment policy and legal considerations did not allow for such decision to be implemented”.

Molapo’s father told the Ombudsman that the LDF said “the undertakings were not implementable and were made by the minister at the time just to console the family”.

All the payments in the two cases, the Ombudsman has asked parliament, should be made within three months.

Staff Reporter

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