By Seleoe Nonyane
The National University of Lesotho (NUL) Students’ Representative Council (SRC) president Tumo Tsanyane is all smiles after the release of the report on the findings of the Office of the Ombudsman which has called for an investigation into the conduct of the National Manpower Secretariat (NMDS).
The Ombudsman instituted an investigation into the unrests that best NUL last year, which resulted in the demise of a student at the hands of the police. During a police action to put plug on the violence, a student Kopano Makutoane was fatally shot by heavily armed police and died in Roma Hospital on June 16 last year.
The stinging report, made public this week by the Ombusdman Tlotliso Polaki, is a product of investigation into the conduct of the NMDS office and the heavy-handedness of the members of the Lesotho Mounted Police Service (LMPD) during a clamp down on the students’ strike over unpaid allowances.
Tsanyane told theReporter that all their allegations were substantiated and that he is satisfied with the Ombudsman’s findings and recommendations.
The report detailed a web of recommendations after the school’s students’ body complained of a string of injustices and maladministration relating to the NMDS and the NMDS director Florina Rakeketsi decision to provide students with food allowances for the extended NUL school calendar month of June 2022.
The complaint was lodged by the NUL SRC president Tsanyane on July 7 2022 on behalf of the students’ union against the NMDS director in relation to the administrative decision to provide allowances.
Among the lodged complaints, it is alleged that the Roma LMPS stationed members applied excessive and unreasonable force to the students in their attempts to dispel protesting students aggrieved by the decision of NMDS delaying allowance payments to the students.
“It is alleged that the LMPS officers brutally beat and caused injuries to some students and the killing of Kopano Makutloane that was a result of police indiscriminately opening life ammunition at defenseless students.
“The NMDS director neither had the authority nor permission from the minister to implement such a decision which was inconsistent with section 10(2)(a) of the National Development Council Act 1978 (NMDC).
“The decision the grant students prorated or reduced allowances for the extended academic period was not based on any laws, approved meeting minutes nor internal policies and procedures”, Polaki said.
She said it was further established that the proportionate allocation of allowances based on the number of days was not paid out of pity as alleged by the NMDS
She said that NMDS placed reliance on a student bursary contractual undertaking the Government Clause 3(b) that states that the government at all times has the right to ensure that the borrower is well fed.
In regards to the allegations that the LMPS acted in violation of the applicable legal prescripts in so far as it relates to their freedom to congregate, freedom of movement and right to personal liberty is unsubstantiated as the students were involved in an illegal gathering.
The Ombudsman found out that the LMPS officers brutally assaulted students and other persons that were never at the protest in the village.
“The circumstances surrounding the death of Kopano Makutoane remains a matter for further interrogation by the courts of law given the criminality elements to the matter.
“The allegation that the LMPS acted in violation of applicable legal prescripts in so far as it relates to the inhuman treatment and torture or beatings and right to life on June 16 2022 is substantiated as the LMPS were beating students indiscriminately even those that had run away and no longer posed any threat to lives or to property.
“The allegation that the LMPS acted in violation of applicable legal prescripts is substantiated,” she found out.
She said that there was excessive force used as a person died during the strike action saying that the onus primarily rests on the LMPS officers to establish whether or not their use of force in the circumstances was excessive and unlawful or not.
She said there is therefore a case to answer and the guilt or otherwise of individual LMPS officers will be determined by the courts of law.
