By Neo Kolane
The Firearm Dealers Association of Lesotho has petitioned the High Court to order the police to lift its suspension of firearms sales and licensing in the country.
In a December 29, 2022 memo titled “Re: Suespension (sic) of Issuance and Processing of fire arms”, the Lesotho Mounted Police Service (LMPS) announced that it was banning dealings in firearms to in a bid to curb murder and other violent crimes that have rocked the country.
“LMPS announces to Basotho that the issuance of fire gun licenses (Initial application, variations and approvals) has been suspended for a while starting from December 29 2022 until another announcement,” the memo says.
The suspension of fire gun licensing includes applications which are already in the hands of police countrywide, it adds.
Police Commissioner Holomo Molibeli explained that the ban would enable them to ascertain the number of firearms in the country and also establish which are legal and illegal.
However, the Firearm Dealers Association of Lesotho argues that the suspension is illegal and wrongful. It therefore wants the High Court to compel the police to lift the ban.
In his recent founding affidavit filed by Ntsane Lesenyeho in the High Court, the association’s president, Adil Osman, says their members are suffering huge losses as a result of the unlawful police action.
Osman says the association’s members have experienced a sharp decline in business following the announcement.
Some had already made orders to import firearms which they can now not bring into the country.
The members do business with individuals and security agencies such as the Lesotho Defence Force, the Lesotho Mounted Police Services, the National Security Services and the Lesotho Correctional Services.
Osman also submits that Molibeli has failed to honour his promise to lift the ban.
He further notes that on or around January 5, 2023, the first respondent (Molibeli) called a meeting at the police headquarters with relevant stakeholders to discuss the effect of the suspension.
In that meeting, the police boss stated that the suspension would only be for a maximum three months, he says.
Molibeli, the ministry of police, local government and home affairs, and Attorney General are the first to third respondents in the matter.
A letter of demand was then written on April 12 2023 to Molibeli by a member of the Firearm Dealers Association of Lesotho, Rugged-Lava (PVT) Ltd, seeking that the suspension be uplifted according to the police pledge since three months had lapsed.
There was also no formal communication from the police regarding the suspension of the ban.
“Upon failure by the 1st respondent to respond to the letter and/or uplift the suspension, the Applicant’s members met and took a resolution to institute these proceedings as it seems that the suspension is an indefinite one,” Osman says.
He also argues that according to Section 34 (2), an order made under this section shall be published in the Gazette and shall be for a period not exceeding three months.
The association also contends that the order must have been issued by the minister (Lephema Lebona) and published in the government Gazette. On the contrary, it says, the embargo was made by Molibeli unilaterally without involving the minister.
“I have been legally advised and belief same to be true that embargo is wrongful, unlawful and/or illegal for the following reasons:
Section 34 (1) of the Internal security (Arms and Ammunition) Act of 1966 provides as follows: ‘if it is necessary in a practical sense in a democratic society, in particular circumstances causing danger or harm to public safety, public order or fundamental human rights and freedoms, to prevent that danger or harm, and if the provisions of the other parts of this Act are not, or will not be, sufficient for that purpose, the Minister may make an order applying this part, which shall thereupon apply and have effect in addition to those parts for so long as the order remains in force.”
Osman also avers that the matter warrants urgent intervention from the High Court as the association’s members’ livelihoods have been held to a halt by the firearms suspension.
There was also need to deal with the case promptly since Molibeli had failed to keep the promise to lift the suspension. Four months have lapsed since then, he maintains.
“As a result of 1st Respondent’s failure, members of Firearm Dealers Association of Lesotho suffer considerably and they are constantly being sued in the courts for non-delivery of firearms and affecting their businesses,” Osman says.
He further notes that most of the members had already purchased clients’ orders and ready to import them into Lesotho but they cannot do so owing to the ban. In the meantime, storage rent keeps accumulating every day.
He also cautions that members’ businesses would have substantially suffered due to the suspension by the time the matter is ripe for hearing.
“I aver that the members of the Applicant (Firearm Dealers Association) have abided by all the regulations and laws of Lesotho that are provided for in the purchase and selling of firearms and no reason exists that can impair any of the members to continue with the business that have been granted a certificate to run same.
“I also aver that the applicant’s members have prima facie case in that they are licensed to trade in Lesotho and their businesses have been halted unreasonably.
“I have a well-grounded apprehension of irreparable harm if the matter is not heard urgently. This is because the applicant’s members are losing business every day that passes and are going to lose their court cases against the purchasers of the firearms who have not received their firearms,” Osman says.
Gang related shootings are common in Lesotho, where police complain the number of unlicensed firearms in circulation is too high.
According to a 2021 World Population Review report, Lesotho has the sixth highest murder rate in the world.
In recent separate interviews with theReporter before the High Court application, some firearm dealerswarned that the ban would have the negative effect of promoting the proliferation of unlicensed guns falling in wrong hands.
The dealers noted that while they supported government’s efforts to fight violent crimes by limiting the number of illegal firearms, they were unhappy that they were not consulted before the announcement was made.
Rugged Lava Arms Pvt (Ltd) owner, Peete Sekhonyana said his business had suffered loss of business since the government’s move.
“Business is really bad. I’m unable to pay the workers nor the rent” said Sekhonyana.
He added that 90 percent of his business’s income comes from guns while the rest is just accessories.
Also in a recent interview, Fire Arm Dealers Association of Lesotho public relations officer Rorisang Khotle said they support the police’s decision, although he doubts it will change anything.
Khotle said while Molibeli met the association’s members at the police headquarters in Maseru on January 5, 2023 to discuss the matter, they should have been consulted prior to the firearms suspension.
“In Lesotho a person gets a gun without prior training and this leads to gun violence. It has nothing to do with the issuance of guns” he noted.
In his answering affidavit filed on Wednesday this week, Molibeli called on the High Court to dismiss Osman’s claims, saying they lack merit.
The police commissioner argues that his memo does not halt the importation of firearms by members of the Applicant (Firearm Dealers Association of Lesotho).
He says that the members only need import and export permits to bring firearms and ammunition into the country and not the ones listed in the memo.
He further contends that his memo does not mention any time limits as to when the ban will be lifted.
Normal operations would be restored once inventory of licensed firearms has been done to ride (sic) the countryof illegal and fraudulently obtained firearms.
Molibeli also submits that the police’s concern is not only on illegal fire arms, but also on fraudulently acquired ones.
“I did not ask or require that members of Applicant should halt all operations except those that could be directly affected by the notice in the memo.”
He adds that the request made by Rugged-Lava was based on a promise “I know nothing about, the merno (sic) I have authorized has no time frame”.
The police commissioner also denies Osman’s claims that he did not have legal powers to issue out the memo and that it was only the Minister (Lebona) who had authority to do so.
“I wish to confirm that I had only exercised powers conferred to me in terms of section 4 of the Act read with section 147 of the Constitution of Lesotho 1993 and together with general specific powers conferred on the police service by virtue of section 4 of the Police Service Act No. 40 of 1998.
“The contents of the external public notice clearly inform the public about the reasons for the decision I had taken. These were primarily informed by the rampant crime involving use of firearms in the country ranging from murder, armed robberies and car-jackings,” he says.
The association’s claims that its application was urgent does not hold any water since it is being filed only five months after the memo, he submits.
“Applicant’s members seek to challenge a decision made on December 2()22, and five months down the line they cannot claim the matter to be urgent.”
Molibeli also notes that he has not closed the association members’ businesses. “I have merely suspended new applications, variations and approvals. Selling of firearms and ammunition to current holders of firearm certificates is not affected.”
He adds: “Applicant’s members’ licenses to trade are not affected by the decision. The suspended activities affect individual Basotho who apply on their own not through Applicant’s members.
“An individual who may have firearm certificates does not necessarily purchase from them, they are still free to buy from South Africa. Even in the normal circumstances it is not a given that their business could not be affected.”
The clampdown on licensed arms dealers comes at a time when public confidence in the police is at an all-time low following the theft of 75 guns from the Mafeteng Police Station armoury in November 2021. The police themselves conceded the incident had severely dented their credibility and image.
The theft was believed to have been perpetrated with the aid of corrupt police officers, and the guns were reportedly sold to Famo gangs responsible for many of the killing sprees in Lesotho and at several illegal mining sites in South Africa.
According to reports, three police officers subsequently confessed to stealing some of the weapons and selling them for as much as M50 000 each to the Famo gang members.
