The Lesotho Defence Force (LDF) has abruptly withdrawn its personnel from the office of the Ombudsman, including her bodyguards, jeopardising her personal safety and ability to carry out her duties.
The withdrawal, which occurred without any official explanation or documentation, has left the watchdog severely exposed.
The baffling action has triggered uncertainty and concerns over the implications on Ombudsman Tlotliso Polaki’s investigations into alleged gross human rights violations by the army, among other pressing issues.
Advocate Polaki on Wednesday this week confirmed that her two military bodyguards had been withdrawn the previous evening, leaving her without any security.
Adv Polaki also noted that the decision to withdraw her bodyguards was only communicated verbally to her by one army officer, without a written notification or formal explanation.
The LDF had not provided any information or assurance as to when she would be provided with bodyguards, as per her constitutional rights, she added.
Contacted for comment yesterday, LDF spokesperson, Major Kelebone Mothibi, stated that the bodyguards assigned to Adv Polaki have been reassigned to other duties.
He said the withdrawal of the bodyguards was an internal decision made by the LDF purely on operational grounds.
“They have been reassigned to other duties and arrangements are currently being made to provide her with bodyguards,” Major Mothibi noted.
The LDF move has stirred controversy, with allegations that the army’s motive was to obstruct justice and silence the Ombudsman.
Adv Polaki’s current investigations include several cases involving the death of two herdmen: ‘Nete Makhabane (32) and Lejone Mopoko (39), who were killed by the army at Khokhoba Ha Lebese in Mapoteng last week during ‘Operation Hard Fist’. The operation is part of government’s efforts to stop rampant killings.
During a press conference on Tuesday, prime minister Sam Matekane said the government would take full responsibility for the funerals of the deceased.
He also acknowledged the gravity of the tense situation in the country and the need to provide support to the families of victims of army brutality.
Adv Polaki recently made an impassioned appeal to parliament to endorse her recommendations for the LDF to compensate two families whose bread winners were killed by soldiers on different occasions several years ago.
In her special report to the parliament, dated March 27, 2024, Adv Polaki had urged parliament intervention to order the LDF commander, Lieutenant General Mojalefa Letsoela, to compensate families of the late Lisebo Tang of Maseru and Molapo Molapo of Peka Leribe. The duo was killed by members of the army in 2014 and 2020 respectively.
Advocate Polaki had said Lt Gen Mojalefa Letsoela should pay the Tang family M300,000 as compensation for the negligent killing of their daughter Lisebo on May, 9, 2014.
She had also recommended that the army boss pay compensation of M423,805.39 to children; Tholoana and Mosa Molapo in respect of loss of support following the death of their father, Molapo, on December, 5 2020. However, none of the recommendations have been implemented.
According to Adv Polaki, Molapo was shot dead at his home in Peka by soldiers stationed at Mokotakoti, Hleoheng during a physical altercation to disarm him.
Molapo was a breadwinner and part time contractor undertaking various jobs including installation of ceilings and masonry.
At the time of his death, he had two children (aged 17 and 20) who were still at school and an elderly father who was no longer working and could not provide adequate care to the two.
Adv Polaki said the LDF refused to compensate the Molapo family, citing that it would amount to an admission of guilt while a criminal case against the said soldiers was still pending before the courts.
“The Ombudsman came to a conclusion that the LDF is liable to compensate the deceased, Molapo’s children and father, Thabo Molapo, for their loss following the death of his son, as a result of the LDF army officer’s negligence or wrongdoing. I have also come to the conclusion that the complainant and children suffered an injustice that warranted the Ombudsman’s intervention and redress.
“I appeal to the house (parliament) to endorse the recommendations by the Ombudsman in this matter. The LDF has been silent despite several attempts by the Office of the Ombudsman to resolve this matter in an amicable manner,” Adv Polaki noted.
In another incident, the Ombudsman indicated that soldiers guarding the home of then LDF commander, Tlali Kamoli, shot Tang and her boyfriend, Tšepo Jane, when the couple had parked their vehicle near Kamoli’s residence at Ha Leqele 10 years ago.
She said the soldiers sprayed the vehicle with a volley of bullets, claiming they had suspected that it posed a security threat to Kamoli. Jane survived death by a whisker while Tang was declared dead upon arrival at Makoanyane Military Hospital.
Two soldiers; Corporal Tjekane Sebolai and Private Selone Ratšiu, are currently standing trial before Chief Justice Sakoane Sakoane for Tang’s murder. They are also facing charges of the attempted murder of Jane as well as malicious damage to his vehicle.
According to the Ombudsman’s report, Tang was the breadwinner in the family, supporting her mother and paying for her daughter’s school fees from her M2000 monthly salary. The deceased’s daughter is now in Grade 6 and her school fees has escalated to M3200 annually.
“The LDF is ordered to pay compensation to the complainant, Makhalo Tang, for the negligent death of her daughter, Lisebo Tang, in the amount of M300 000 as a reasonable and justifiable redress for loss of support. The payment should be made within three months from the date of delivery of this determination,” Adv Polaki said in her report.
Meanwhile, global rights body Amnesty International has urged authorities to promptly investigate allegations that LDF soldiers tortured at least four people and killed two others during the ongoing operation to confiscate illegal fire arms.
Amnesty International deputy regional director for East and Southern Africa, Khanyo Farise, indicated that torturing and unlawfully killing people can never be justified, even in the context of a crackdown on gangs.
“Lesotho’s authorities must urgently investigate all incidents of torture and unlawful killings by the army, bring to justice anyone suspected to be responsible in fair trials and adequately compensate the victims and their families.
“Lesotho’s Prime Minister must publicly condemn cases of torture, arbitrary detention and unlawful killings by the army and affirm his commitment to ending alleged army abuses,” Farise pointed out.
