‘Mantṧali Phakoana
Basotho National Party (BNP) leader, Machesetsa Mofomobe is demanding M5 million from the government for defamation.
Mofomobe’s demand comes after the High Court, sitting as Constitutional Court, on Tuesday this week ruled in his favour in a case in which he was suing the government for trying to seize his mobile phones.
Prime Minister Sam Matekane, National Security Service (NSS) Director General Pheello Ralenkoane and Attorney General Motsieloa were cited as respondents.
The government issued a warrant to seize Mofomobe shortly after the murder of Tṧenolo FM radio presenter, Ralikonelo Joki on May 14. 2023.
Mofomobe resisted NSS officers’ attempts and rushed to court. However, they went on to seize Democratic Congress party youth leader, Moeketsi Shale’s mobile phones. The latter also went to court to have his phones returned.
Delivering his judgement, Chief Justice Sakoane Sakoane ruled that Section 26 (2) of the National Security Service Act No. 11 of 1998 is unconstitutional.
Justice Sakoane said the warrant to seize and search both Mofomobe’s mobile phones and/or those in his possession violates his right to privacy and freedom from arbitrary seizure of property.
Mofomobe and Shale had sought the court to declare the issuance and execution of the warrants unlawful.
They had also argued that the authorisation of the warrants were illegal and invalid.
The court ruled in favour of Mofomobe and indicated that Tau who had signed the warrants had no jurisdictional facts to usurp the functions of the Prime Minister.
Following the court ruling, Mofomobe instructed his lawyers to write a letter of demand addressed to the Attorney General.
In a letter titled: ‘Defamation of character of Hon Machesetsa Mofomobe through instrumentality of Director General Ralenkoane and Minister in the Prime Minister’s office, Limpho Tau’ and dated 20 June, Machesetsa seeks the court to order the respondents to pay the M5 million within 30 days of the service of his demand letter.
Mofomobe’s lawyers stated they have noted with dismay that NSS Director General had authorised the “memo” referenced [SF,2/9/2] to the Prime Minister, titled: ‘Re: application in terms of Sections 26 (2) of the National Security Service Act No.11 of 1998.’
Part of the memo stated that the request to seize Mofomobe’s phones was premised on the fact that he was in possession of classified information/material which he had received through electronic means without authorisation from Intelligence Officer 4 (I.O.4) Pitso stationed at Maseru NSS.
The said memo, according to the letter, triggered the executive warrant which Tau signed purporting to be the Minister of Defence (Sam Matekane) for political manipulation of supporting the view that Mofomobe was involved in the murder of Ralikonelo and money laundering.
The letter further states that the memo contains defamatory statements of Director General NSS (Ralenkoane) who purported to be investigating cases of murder and money laundering.
“The memo is replete with irresponsible illusions of the Director-General which he conveyed to the Prime Minister as ‘credible information’ that, our client is a murderer and is involved in money laundering.
“This nonsensical utterance that our client is a murderer was given some legitimacy by Minister Limpho Tau whose conduct in signing the executive warrant had been found illegal by the High Court of Lesotho.
“The Commissioner of Police (Holomo Molibeli) had made a public announcement at the pass out ceremony at the Police Training College that the suspects in the murder of Joki had been identified,” the letter reads.
It added that by announcing that, he (Molibeli) effectively discounted the possibility of Mofomobe’s participation in the conspiracy to murder of Joki.
As a result, the BNP leader submitted, he had suffered humiliation.
