An organisation for lawyers has threatened to take legal action against the army if it does not publicly retract a recent statement made by deputy commander, Major General Matela Matobakele, suggesting that lawyers and judges should be brutalised for doing their work.
The Lesotho Lawyers for Human Rights gave the seven-day ultimatum on Wednesday this week, following Major General Matobakele’s remarks on July 31, 2024.
He was speaking during an awards ceremony and reception to welcome the last contingent of LDF returnees who were part of the South African Development Community (SADC) contigent in Mozambique.
In his statement, Major Gen Matobakele’s declared that lawyers and judges handling cases involving individuals arrested by the army on suspicion of crimes were “senseless”, further insinuating that perhaps those legal professionals should be subjected to brutality.
In a letter dated August 7 and addressed to the LDF commander, Lieutenant General Mojalefa Letsoela, Advocate Napo Mafaesa noted that Major Gen Matobakele’s statement was a clear incitement to criminality and would serve as a foundation for further sadistic and brutal acts by the LDF, if not promptly addressed.
“The constitution must be respected by all and the courts’ final arbiters, not the soldiers. It is imperative for the authorities to take immediate action and address this misconduct, and reaffirm executive commitment to respecting the constitution and all laws of Lesotho.
“The Lesotho Lawyers for Human Rights reaffirm that it is the duty of all government and other institutions to respect and observe the independence of the judiciary.
“Further, lawyers play a crucial role by challenging arbitrary detentions on behalf of victims of human rights violations. They (lawyers) are pillars upon which human rights and the rule of law rest and their only resort is the courts of law,” Advocate Mafaesa noted.
In an interview with theReporter yesterday, army spokesperson, Lieutenant Colonel Sakeng Lekola confirmed to have received the letter on Wednesday this week.
However, he said he could not comment further as the LDF was yet to familiarise with the contains of the letter.
Meanwhile, prime minister Sam Matekane’s recent statement instructing the LDF commander to deploy soldiers into villages and ‘do everything in their power’ to combat crime has also sparked widespread concerns about human rights violations and the erosion of the rule of law.
Matekane made this called during the same awards ceremony in Maseru.
The premier instructed the army commander to “dispatch these men and women to comb through the villages to put an end to these miscreants (violent criminals).
Matekane further instructed the soldiers “to do everything in your power to ensure that peace returns to Lesotho, everything in your power to put an end to these delinquent murders.”
“I have witnessed your demonstration of commitment in Mozambique, and I want you to bring that same commitment home. You must do everything in your power whatever that will be, to ensure that we no longer live like birds in our country,” he noted.
Opposition Basotho National Party (BNP) leader, Machesetsa Mofomobe and a non-governmental organisation, Advocates for the Supremacy of the Constitution (SECTION 2) have expressed alarm over the sweeping powers granted by the premier to the military to restore order in the country.
In a letter addressed to the prime minister this week, Machesetsa said the unfortunate reference to “intrusive judges” was a swipe at the habeas corpus issued by the courts in respect of one Liteboho Mahloane, of Lekhalong Ha Qamo in Leribe district in a night raid by the LDF forces supposedly in search of fire arms.
“This is the major general who had earlier in April 2024 threatened at a funeral in Fobane, that the army had overcome a more fearsome enemy in Mozambique and the criminals in the village would be a light job for them.
“Incidentally, this is the self-same major who in this portfolio in 2012 publicly declared that there was no police force in Lesotho and was later ordered by the then prime minister to retract and apologise for the same, following the army’s self-deployment in a Maseru residential district under pretext of maintenance of law and order,” Machesetsa said.
SECTION 2 says Matekane’s directive to the LDF to employ the same tactics used in Mozambique to restore peace in Lesotho was deeply troubling and wholly unwarranted.
“Lesotho is not embroiled in a war, nor is it facing extremism akin to that which plagues Cabo Delgado province in Mozambique. Such inflammatory rhetoric is not only baseless but also dangerous, as it fosters an environment of fear and instability.
“It is the duty of the Prime Minister to uphold peace through lawful and democratic means, not through militaristic and authoritarian threats. Furthermore, Major General Matobakele’s vicious attack on human rights defenders, lawyers, and the judiciary is an affront to the very essence of justice and the rule of law.
“This is a direct attack on the Constitution, which guarantees the right to a fair trial and the protection of human rights. It is an abhorrent proposition that echoes the darkest days of autocracy and dictatorship,” the organisation noted.
It further stated that such statements from high-ranking officials were not only irresponsible, but also serve to intimidate those who work tirelessly to uphold justice and protect human rights in Lesotho. “The assertion that human rights are a stumbling block for the army is a direct affront to the principles enshrined in our Constitution,” the organisation added.
