The Lesotho Defence Force (LDF) is facing a potential lawsuit after Liteboho Mahloane, a villager of Lekhalong Ha Qamo in Leribe district, demanded M5 million in damages from army, for alleged torture, unlawful arrest, detention and inhuman treatment subjected to him.
Through his legal representation, Advocate ‘Makopi Lesaane, Mahloane made his claim in a statutory notice dated August 9, titled: claim of damages for torture, unlawful arrest and detention.
Mahloane alleged that he was arrested by seven soldiers from his home at Lekhalong on July 4 at around 3am, for alleged possession of illegal firearms.
He added they kicked and beat him with sticks (melamu) and ended up breaking his legs and arms. He said he was taken to Mokotakoti and later detained at Makoanyane Barracks in Maseru until he was released through an order by the High Court on July 10.
Adv Lesaane further went on to state that among a group of soldiers who tortured him, Mahloane recognised the deputy commander of the army, Major General Matela Matobakele.
“Client (Mahloane) instructed us that he was arrested since then till the 10th when he was released having obtained a court order to that effect.
“As a result of the torture meted out to the client, he suffered serious bodily harm and disability, pain and injury to his dignity. This is a crime against humanity in terms of our Penal Code Act of 2010. Consequently, client suffered damage in amount of M5 000 000.
“Client contends that at all material times herein, the aforesaid members of the LDF were acting in their official capacity as the LDF, acting in course of their employment as such. Consequently, the government of Lesotho is liable for their unlawful acts,” Adv Lesaane said.
Adv Lesaane warned that the law firm would file summons without further notice in the event that Mahloane’s demands are not honoured within 30 days of receipt of the letter.
On July 12 this year, Mahloane had told theReporter in an interview that the brutal torture he endured at the hands of the LDF members for six days without charge had made him incur physical and mental suffering.
Mahloane also indicated that the torture had left him unable to provide for his family and he would leave with that for the rest of his life.
According to Mahloane, following the incident, it would take him time to be able to work and provide for his wife and their three children.
“Both my arms and legs are broken and I may not fully recover from the damage inflicted by those soldiers. I am unable to work, my family and I are now relying on the generosity of my siblings to survive. I would not be able to pay for my children’s school fees or even provide for their needs.
“I want justice for what has been done to me. Those soldiers knew very well that I didn’t have any guns but they just wanted to torture me to satisfy a rival famo gang leader.
“If the army really protects the law, and if they suspected that I had illegal firearms, they would have not left me in this condition. Beating me to near death will never convince me that they wanted to fight crime,” Mahloane lamented.
Mahloane’s letter of demand was addressed to the commander of the LDF, Lieutenant General Mojalefa Letsoela, deputy commander of the LDF, Matela Matobakele minister of defence and national security, Sam Matekane and Attorney General, Rapelang Motsieloa.
Contacted for comment this week, army spokesperson, Lieutenant Colonel Sakeng Lekola said the public affairs office had not received the letter.
Lieutenant Colonel Lekola was unable to confirm if the commander had received the correspondence.
“As for now, the public affairs office has not received the letter, I am not sure about whether the office of the commander has received it,” Lieutenant Colonel Lekola noted.
