Fired Lesotho High Commissioner to Canada, Molise Tšeole, is fighting for reinstatement.
Tšeole was dismissed by the government on April 23, 2024 from the position of the High Commissioner, Lesotho-Otawa Embassy after he posted controversial remarks on social media platform Facebook on April 13, 2024, criticising the government led by Sam Matekane.
The government recalled him after accusing him of contravening section 3 of the Codes of Good Practice governing civil servants.
The state cited that Tšeole had failed to have absolute and undivided loyalty to the state according to the Constitution.
The government also noted that he had brought the public service into disrepute by circulating vexatious statements with malicious intent.
In the post, Tšeole had said: “Ke muso oo le o khethileng oa barui. Barui haesale e le bona ha so bone mafutsana ka letho. Joale ba nka lichelete tsohle tse neng li thusa hore bohle ba ‘ne ba phele, ba ikabela bona ba le bang. Ba lihile likhoebo tsohle tsa Basotho. Ha ho na lichelete tse rekang litsebeletso life kapa life kahara sechaba. There is no buying power, there is no money in circulation amongst all the people. Just saying. (That’s the government of rich people that people voted for. Rich people have never cared for the poor. They are helping themselves to the public purse while the poor starve. They have collapsed Basotho’s businesses. There is no buying power, there is no money in circulation amongst all the people. Just saying.”
As a result of this post, he was hauled before a disciplinary hearing chaired by principal secretary in the ministry of information, communications, science, technology and innovation, Kanono Ramashamole, on April 19, 2024.
According to Ramashamole, Tšeole failed to convince the panel that he did not contravene the government’s Codes of Good practice, hence is dismissal.
The panel concluded that Tšeole was not in a good position to represent Lesotho abroad and should return home.
The government dismissed him on April 23 through a note verbale letter and he returned home on May 28.
Upon his return, Tšeole immediately approached the High Court for an order to stay the move pending his appeal which has been filed before the Public Service Tribunal.
Respondents in the appeal case are the principal secretary in the ministry of foreign affairs and international relations, Thabang Lekhela, minister Lejone Mpotjoane, Ramashamole and Attorney General Rapelang Motsieloa.
“The relevant tribunal only has the powers to determine the appeal before it, not whether the recall is lawful under the circumstances, only this honourable court has such powers,” part of Tšeole’s submissions read.
Tšeole further argued that the Public Service Tribunal proceedings were internal and entitled him to the stay of execution of the disciplinary panel decision subject to the appeal.
“I further aver that the proceedings before the Public Service Tribunal are still internal and therefore entitle me to the stay of the execution of the (recall) decision subject to the appeal.
“I strongly aver that the appeal before the Public Service Tribunal is the component of a fair hearing before the dismissal can be effected,” he submitted.
He also argued that recalling him under the circumstances of the present case undermines his right to a fair hearing and therefore renders the relevant decision reviewable.
The High Court Judge Justice Tšeliso Monaphathi on May 5, 2024 granted Tšeole his wish to have the government’s decision to dismiss him nullified.
In his interim order, Justice Monaphathi declared that Tšeole was entitled to stay in his position with all the attendant benefits until the conclusion of the disciplinary processes, which include his appeal before the Public Service Tribunal.
Justice Monaphathi further directed Lekhela to dispatch the record of proceedings in the disciplinary enquiry held against Tšeole on April 19, 2024 within 14 days of the receipt of the application.
“The execution of the decision to recall applicant (Tšeole) from Lesotho-Otawa Embassy in Canada per the letter of the principal secretary of ministry of foreign affairs and international relations dated 23rd April is stayed and the applicant to remain in his position as the High Commissioner pending the finalisation of this application and an appeal instituted before the Public Service Tribunal,” reads the interim order.
Tšeole this week vowed to fight his dismissal, buoyed by Justice Monaphathi’s judgement in his favour.
He told theReporter in a brief interview that he was worried that Lekhela had ignored Justice Monaphathi’s directive to dispatch the record of proceedings in the disciplinary enquiry against him on April 19, 2024 within 14 days of the receipt of the application.
Tšeole said he was also concerned that his appeal before the Public Service Tribunal might take years to be heard and finalised.
He however, could not comment further on the matter since it is now before the tribunal.
But according to the principal information officer in the ministry of foreign affairs and international relations, Kutloano Pheko, the government’s decision to dismiss Tšeole was made before the High Court’s intervention.
Pheko said this means the government may view the court order as invalid or inconsequential in this matter.
He noted that he could not confirm when Tšeole had returned to the country as he had not reported his arrival back home, likely due to the acrimonious relationship that had developed between him the government.
“His (Tšeole) disciplinary hearing was finalised to an extend that he was found guilty and no longer employed by the government. The court ruling was made when he had already been recalled.
“I can’t confirm the exact date when he returned to Lesotho because unlike other diplomats, he did not report back to the employer because of the relationship between him and the government. He just went straight to court,” Pheko added in an interview with this publication on Wednesday this week. Tšeole was appointed Lesotho’s High Commissioner to Ottawa, Canada, on 10 June 2021 by then then All-Basotho Convention (ABC) and the Democratic Congress (DC) coalition government.
