‘Mantšali Phakoana
Dysfunctional law enforcement agencies and a weak justice system are hampering efforts to fight corruption in Lesotho, the Directorate on Corruption and Economic Offences (DCEO) Director General, Knorx Molelle, has said.
Molelle said although the DCEO has made notable efforts in tackling corruption since he took office in 2022, enforcement of the law remains a major challenge.
Speaking at the signing of a Memorandum of Understanding (MOU) by five Southern African Development Community (SADC) countries last week, Molelle said endemic corruption is Lesotho’s greatest headache.
Anti-corruption agencies from South Africa, Botswana, Eswatini, Namibia, and Lesotho signed the agreement as part of efforts to fight corruption and economic offences in the region.
The purpose of the MOU is to provide a broad base for co-operation between the five countries.
“Corruption is the biggest challenge faced by Lesotho for the longest time,” Molelle said, adding that before his appointment, anti-corruption bodies had not made significant impact on fighting crime.
He also pointed out that fighting corruption was not just the responsibility of the DCEO but it needs collaboration between the various law enforcement agencies such as the police and the courts.
Sometimes the Directorate investigates cases and forwards them to the courts, only for them to just fizzle out there for unknown reasons, he claimed.
However, the DCEO would not tire, Molelle vowed, further indicating that since his appointment, the agency has made significant strides in investigating and dragging corruption suspects to court.
He cited 16 high-profile cases that include four former principal secretaries (PSs) facing corruption charges. The matters are at various stages of prosecution.
More cases would be brought before the court as the DCEO intensifies efforts to curb crime, he added.
The most common types of corruption in Lesotho include the awarding of lucrative tenders through bribery or nepotism, and misuse of public funds, Molelle said.
Last month, the anti-corruption unit had dragged the former PS ministry of health, Lefu Manyokole, the Disaster Management Authority (DMA) acting executive officer, ‘Makhotso Mahosi, and a local businessman, Pitso Ntsukunyane to court.
The trio were accused of conniving to fraudulently award a M4 538 900.14 tender to Ntsukunyane’s LL Construction company to build a bridge in Seboche, Botha-Bothe, in November 2021. They were released on M10 000 bail each.
In another case during the same month, Malefetsane Nchaka, a former water ministry PS and two others were also dragged to court by the DCEO on charges of fraud and theft of government funds.
They were further accused of abusing government vehicles to fund their political party’s campaign in the run-up to the October 7 2022 general elections. According to court papers, their fuel bill amounted to a massive M300 000. They were released on free bail.
Molelle said another high-profile case taken to court during his tenure involves one Lehlohonolo Selate who was suspected to have defrauded the government of M50 million in 2021. Selate was also accused of defrauding the National Manpower Development Secretariat (NMDS) of M500 000.
The head of the anti-corruption body said despite concerted efforts by his department, law enforcement remains a huge challenge in the country.
“The DCEO and the police work hard to investigate and take suspects to court but some cases take long to be prosecuted, with minimal results to show at the end of the day,” he added.
This, he said, had made Basotho to believe that crime pays and perpetrators can just walk away scout free.
The former South Africa’s head of Asset Forfeiture Unit (AFU) reassured the DCEO’s commitment in fighting corruption without biasness and investigating cases regardless of political affiliation.
He warned that when investigating cases, the DCEO focuses on masterminds who misuse their authority to loot public funds and not those used by those in power.
The Directorate’s major focus is on cases where the largest amounts of public funds have been stolen or misappropriated.
“We’ll be coming after high-ranking people who misused their power on public funds, those are the masterminds. We are not going to be after small fish used by those in power.
“Luckily, I am new in this country. I don’t know much about Lesotho’s politics, therefore it should be well known that I’m not going to be biased or investigate cases based on political affiliations, but evidence,” Molelle told the media.
“Gone are those days when people would dismiss DCEO as a toothless dog,” he said.
He further promised that by the end of this year, there would be notable results in the fight against corruption and economic offences and if there is none then the country should hold him accountable.
Earlier this month, Lesotho hosted its first justice sector coordination forum in Maseru. It was attended by the judiciary, DCEO, Director of Public Prosecutions (DPP), Lesotho Correctional Services (LCS), Law Society, civil society organisations (CSOs), deputy prime minister and minister of justice and law, Nthomeng Majara, as well as the development partners such as the European Union (EU).
The forum deliberated on how best Lesotho can restore the citizens’ trust and confidence towards the justice sector.
Speaking at the meeting, Chief Justice Sakoane Sakoane said the shortage of resources within the justice sector was a major challenge hindering service delivery.
Chief Justice Sakoane called on the judiciary to be ethical in the delivery of justice, noting that the essence of fairness lies in integrity.
“Let us unite in the fight against corruption, be exemplary and promote ethical conduct to promote professionalism.
“We hear of rapes of children, grandmothers, and persons with disabilities now and then. These people deserve justice,” he said.
Chief Justice Sakoane also noted that some public officers had turned their workplaces into dens of bribery, corruption and embezzlement of public funds.
He said the forum was an opportune moment to look one another in the eye and ask firmly but politely, “Who dropped the ball, where, when and why.”
“As we introspect, each institution must not apportion blame without first acknowledging how its own failures and weaknesses impact on ability of the next one to function with optimal efficiency.
“It is important to appreciate that justice sector institutions are caravans that travel across the national landscape to deliver justice and protect the rights, freedom and security of citizens enshrined in Chapter 2 of the Constitution,” he added.
He further pointed out that individual justice sector institutions were not an island, but constituent parts of the chain of justice delivery.
“It is for this reason that when society and victims of crime complain that the justice system is failing them, it is then irrelevant which of these institutions is more helpful than the other. All that people care and worry about are the capabilities and resolve of the security and the justice sector institutions to prevent and combat crime and criminality with vigour so that our kingdom does not become a paradise of criminals,” he said.
The European Union (EU) delegation in Lesotho supported the forum under a newly financed programme titled: ‘Support for reforms and strengthening of governance in Lesotho programme.’
The EU head of delegation, Paola Amadei said the overall objective of the programme is to foster rule of law, good governance, human rights and gender equality.
Amadei said the EU hopes the programme will help foster citizens’ trust in Lesotho’s justice sector institutions.
According to the Afrobarometer survey, 2022 citizen’s trust in key state institutions has eroded over the last 15 years.
It shows that 42 percent and 30 percent of citizens declare to have trust in the work of the courts and the police, respectively.
