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Public EyeOn Sunday Sunday December 16, 2018

Call to change pensions system to curb fraud

Best Sunday News

December 16-22 , 2018

Army acquires new chopper Page 3

White collar crime pushes Lesotho to the brink Page 4

Call to change pensions system to curb fraud Page 6

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Public Eye On Sunday

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EST .1997| vol 21 No 47

SA businessman sued for M5 million


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Public Eye On Sunday

Sunday December 16, 2018

News

SA businessman sued for M5 million RELEBOHILE TSOAMOTSE MASERU - Local law firm, K. Ndebele Attorneys, has instituted a claim of over M5 million in legal fees from a South African businessman and director of Morafe Group (Pty) Ltd, Mohapi Khofu, over an agreement the two parties entered into in 2017. Public Eye is in possession of papers that show K. Ndebele Attorneys instituted the claim on Khofu and is demanding payment of M5,238,097.00 for services rendered. According to the summons, Khofu orally instructed the attorneys’ to represent him together with his three companies: Morafe Group (Pty) Ltd, Refela Holdings (Pty) Ltd and Refela Diamonds (Pty) Ltd in three legal proceedings sometime in 2017. The firm also entered into discussions and negotiations concerning a contract between Refela Holdings (Pty) Ltd and a potential investor regarding a diamond mining project known as “Qaqa and Pipe 200.” In addition, K. Ndebele Attorneys was also in negotiations and engagements that led to the government of Lesotho issuing a prospecting license to Refela Diamonds Ltd as well as other legal proceedings instituted against Khofu and Morafe Group (Pty) Ltd by then minister of Labour and Employment, Thulo Mahlakeng who was acting as the minister of mining. In their declaration filed with the court, K. Ndebele Attorneys allege that their company, acting in accordance with Khofu’s instruction and mandate rendered the agreed professional services and made certain disbursements on behalf of his companies and that the agreement between the parties was that K. Ndebele Attorneys would be entitled to reasonable legal fees for its professional services and to be compensated for all the necessary disbursements including counsel’s fees. “…it was an express,

Deputy Prime Minister Monyane Moleleki alternatively an implied term of the instruction and agreement between the parties that the plaintiff would be entitled to be paid reasonable legal fees for its professional service and to be recompensed for all necessary disbursements including counsel’s fees on its behalf.” Despite the amounts due, the applicants say Khofu failed, refused and neglected to pay the said money hence the legal action against him. Khofu has 10 days from the serving of the summons to file a

notice to defend the claim made against him or that judgement be made as claimed. Khofu together with other Refela Holdings (Pty) Ltd directors: Tšepo Khofu, Kereke Moteletsane and Moeketsi Motšoane were in 2012 charged with contravening the country’s mining regulations. It was alleged that they failed to comply with the Mines and Minerals Act between May 1 and 29, 2012, when acquiring licenses to prospect for diamonds in Ha Ramatšeliso and Mosaqane in

Qacha’s Nek. They were charged along with Deputy Prime Minister Monyane Moleleki, who was the natural resources minister at the time the offense was committed and was therefore accused of abusing his office to facilitate the said permits. However, the licences were later cancelled by former mines minister Tlali Khasu on 31 October 2012 on suspicion they had been issued under questionable circumstances.

NIGERIAN MEDICAL DOCTOR IMPERSONATES This is to inform the general public that Nigerian in Diaspora Organisation (NIDO) Lesotho is registered with Law Office in Lesotho since 2007 with number 2007/181 and updated its registration in 2012. As a registered Organisation with members and elected officers, only its officers are permitted to correspond, dialogue, and represent the organization with local and external bodies. NIDO Lesotho wishes to disassociate itself from the recent claim that “NIDO Lesotho is housed at Suite 301 A, Oxford Building Cathedral Area, Main North 1 Maseru with Dr. Benjamin Nwako has never been a registered member of NIDO Lesotho and his claim to be the president of NIDO Lesotho is deceitful and fraudulent. We therefore call on the general public, Lesotho government and all stakeholders to disregard the irresponsible fraudsters led by Dr. Benjamin Nwako and continue to partner with NIDO Lesotho led by Dr. Olufemi Fatoye and his executives. -NIDO LESOTHO EXECUTIVE


Sunday December 16, 2018

Public Eye On Sunday

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Army acquires new chopper Staff Reporter MASERU – The Lesotho Defence Force (LDF) has acquired a new Airbus H125 Helicopter to replace the one that crashed in the ThabaPutsoa Mountains in April last year, killing soldiers on army operation. The chopper dubbed Mokhele, was officially commissioned to the army on Friday, during a parade that was held at the Mejametalana Military Airfield in Maseru. The event was attended by among others Deputy Prime Minister Monyane Moleleki. The aircraft was named after Mokhele - a prominent mountain located in Mohale’s Hoek. According to LDF Air-Wing Commander, Colonel Daemane Matamane, Mokhele is the third new helicopter of its type in their fleet. Matamane said with the additional chopper, the army’s air-wing will readily perform its mandate, which includes supporting troops, government ministries and the general public. He said the plane was specifically manufactured for law enforcement operations with all essential facilities. The aircraft he said can operate in hot and high altitudes, warranting its capabilities for takeoff and landing with maximum load anywhere in mountains areas. “This helicopter is the first

A specimen of an Airbus H125 Helicopter of its kind in Africa and it can be used for quick reaction for surprise missions,” he also said. For his part army chief, Lieutenant General Mojalefa Letsoela (pictured below) said the chopper’s exceptional ability to hover above the scene of event will give hope to anyone who could at any time, be in need of emergency rescuing. Letsoela urged both the air-wing commander and men

under his command to take good care of the aircraft, saying it is a force-multiplier capable to perform different essential protection functions. He said the chopper’s robust performance envelope makes it ideal for their unique operating environment, predominantly characterised by the rugged terrain and unappealing weather conditions. “It will be used extensively

on a wide range of aerial supportive tasks, including law enforcement, search and emergency evacuation operations,” the commander also said. Speaking at the same event, Moleleki said the army needs significant logistical support in order to be able to execute its core mandate effectively, in line with the National Defence Policy objectives. He said the helicopter will be used for a wide variety of aerial tasks, including characterised policing duties and any other law enforcement functions, transporting dignitaries, civilians operations such as rescue and recovery during disasters and others. He said he expects the aircraft to benefit other security establishments, besides the army and the Lesotho Mounted Police Service (LMPS). “The Lesotho we want’, under the Comprehensive National Reforms, is one in which there is cooperation, peace and harmony between and among different security agencies, in order for them to be able to give this country sustainable peace and stability,” the deputy premier said.


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Public Eye On Sunday

Sunday December 16, 2018

News

White collar crime pushes

. . . Mochoboroane calls for separate anti-graft court

BONGIWE ZIHLANGU

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ASERU – Public Accounts Committee (PAC) Chairperson, Selibe Mochoboroane has lamented the high level of white-collar crime in Lesotho and advised that it was time the county engaged serious measures to eradicate the scourge because “we’re at the edge of a cliff”. Leading discussions this week at the threeday Lesotho Council of Non-Governmental Organisations (NGO)week, on the PAC, its mandate and his observations since becoming the parliamentary portfolio committee’s chairperson, Mochoboroane said corruption in Lesotho had become so pervasive that the country loses billions of Maloti annually. Addressing NGO delegates and joined on the panel by Touch Roots Africa Director ‘Mawinnie Kanetsi, Mochoboroane said the money was lost either to civil servants, who helped themselves to revenue collected by government ministries, or through the manipulation of weak procurement systems. He added there were also instances of the country’s funds being transferred to neighbouring South Africa under a cloud of what he said was “financial secrecy”, exacerbating the already poor state of our economy. “As a country we are at the edge of a cliff. We lose a lot of money due to illicit financial flows. There are monies that are transferred, leave this country by dubious means and end up in countries like South Africa. We’re already a

Public Accounts Committee (PAC) Chairperson, Selibe Mochoboroane weak economy so you can imagine the ramifications resulting from our monies not circulating in the country,” Mochoboroane said. “There’s also what is called financial secrecy, wherein people have taken government’s monies and deposited them in other countries. There’s a lot of Lesotho’s money in South Africa. People open bank accounts there. That on its own worsens the country’s financial crisis. LRA must move to curb

this danger.” He said it was only through the public understanding their social responsibility and interrogating how their monies were used that some ground could be regained in fighting this scourge. “Serious measures must be taken, even when those vested with the authority to push for prosecution turn a blind eye to the corruption ravaging our country. We need to join hands

with civil society. I can assure you that we can still make strides if once the PAC report is out, NGOs make noise advocating prosecution,” Mochoboroane said. The Movement for Economic Change (MEC) leader added that he had observed that the procurement system, which had opened floodgates to immense political influence on the awarding of tenders due to the archaic system which was easy to

manipulate was “one of the areas where we need to seriously tighten the screws”. “It is also common for civil servants to steal from government through revenue collection within ministries. It is so bad that there are many instances where government was supposed to collect, let’s say M1000, only for a civil servant to steal M600 and leave M400 for government,” Mochoboroane noted. The PAC chairperson said if revenue collection in Lesotho was effective, the country’s annual budget would be bigger than the estimated M16 and there would not be need to rely on the ever declining Southern African Customs Union (SACU) revenues. “We would be having a bigger annual budget instead of the M16 billion we currently have, which is supplemented by SACU revenue collections. We would be way beyond M20 billion but it is not easy because of poor revenue collection,” he said. “Currently Lesotho is said to be experiencing a financial crisis. Did we really look at the gaps? Did we really identify where the problem is?” he asked. Mochoboroane further asserted that in order to overcome the said crisis, institutions with similar mandates needed to cease working in silos, pointing to the Directorate on Corruption and Economic Offences, office of the Director of Public Prosecutions (DPP), the Judiciary and PAC saying “there needs to be a link tying us together under one umbrella”. Quizzed on PAC’s challenges and successes Mochoboroane said the parliamentary portfolio committee had made


Public Eye On Sunday

Sunday December 16, 2018

Lesotho to the brink

Acting Chief Justice ‘Maseforo Mahase strides in that by allowing the public access to the committee’s proceedings which were aired live on national television, it had served as a deterrent because fraudsters did want to be exposed. Due to PAC proceedings’ broadcasts, he added, the police and DCEO had managed to nab civil servants who had disappeared and helped to increase the number of DCEO cases in the courts. He said although he was happy that there were corruption-related cases instigated by the DCEO in the court, he was however concerned that the judiciary was slow in prosecuting cases of corruption and suggested it would be prudent for a specialised court, dealing exclusively with graft cases, to be established “to speed up cases”. “If a specialised court could be established, to deal exclusively with

corruption-related cases and assigned at least three judges, then we will begin to see progress. As things stand, corruption cases are treated like any other criminal cases,” Mochoboroane said. Mochoboroane was also responding to a statement by Acting Chief Justice ‘Maseforo Mahase a fortnight ago at a DCEO symposium, where she revealed that when she came into office a few months ago, she had conducted an audit of cases and claimed that “there are no DCEO cases in the courts. People complain that the courts don’t deal with corruption cases, but I have not seen any. Maybe they get lost in the system”. Speaking at a similar event, Kanetsi said it was sad that despite concerted efforts by the PAC to expose rot, DCEO and the judiciary were acutely hamstrung by

inadequate resources to execute their mandate efficiently. “Why isn’t government working towards strengthening the judiciary so that cases that are on the court’s roll are dealt with? It takes years for cases to be heard and it’s even worse with cases of economic crimes which, it seems, are deliberately delayed,” Kanetsi said. “We need to seriously interrogate why our institutions are failing to execute their mandates. We need to learn from other countries which are serious about conducting social audits. A case in point is South Africa’s State Capture report where a thorough and comprehensive research was conducted. That report was extensively shared with the public, which is now using it to hold government accountable.”

Then on Wednesday during a panel discussion convened under the same NGO-week, DCEO Head of Legal and Prosecutions Adv. Sefako Seema responded to the ACJ, saying they had taken note of her utterances and that they were already consulting with her and Chief Magistrate Matankiso Nthunya’s offices on the same. “We are engaging the ACJ and the Chief Magistrate about those utterances because they are invalid. Perhaps she had been given a false report which didn’t tally with reality,” Seema said. He added that the week before the DCEO symposium, the anticorruption body’s officials had gone to the high court to postpone former Minister of Finance Dr. ‘Mamphono Khaketla’s now infamous corruption-related case involving Bidvest. “So, it wouldn’t be right to say that such cases don’t exist. You can go there yourself and check the roll. You will find the case. DCEO cases are just like murder cases, the way they are numbered. I am not defending anyone here, but only putting things into perspective.” The DCEO head of prosecutions added that the ACJ’s statements could have been informed by the fact that due to the absence of a specialised court, corruption-related cases were treated like any other criminal cases as they were neither classified nor given preference over others. “We have for a long time now requested that there be a specialised corruption court in order to better deal swiftly with such cases. The status quo is that when you enroll DCEO cases in court, they join run of the mill cases. There’s no urgency. It’s not because we don’t want them to

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News be dealt with speedily and it is not the fault of the courts either,” Seema said. “We need specialised courts. It’s only through political will, from the powers-that-be that things can happen.” Asked why DCEO cases were not swiftly prosecuted, Seema said the DCEO itself did not have the powers to prosecute, that they had to wait for a signal from the office of the DPP. “However, it seems like our cases delay when they reach the office of the DPP. It’s one of the challenges we’re faced with.” He, however, applauded PAC for its work which he said complemented DCEO efforts, saying that there were already cases that they had investigated and were now in court, owing to testimonies made before the parliamentary committee. But, he said fighting corruption was complex because it threatened some people’s benefits and that it also meant invading their rights because “people are entitled to privacy” and that “to deal effectively with corruption you must invade their rights”. He added that 80 percent of corruption cases were complex and that they could not haul people to court before concluding investigations, especially because corruption involved a lot of paper trail. DCEO Public Education Officer Malimpho Moshoeshoe said although they could not provide accurate numbers, she could attest to the fact that a lot of money was stolen through procurement which totaled 60 percent of the annual budget. “I can say for sure that at least 60 percent of Lesotho’s annual budget goes towards procurement, although I cannot say how much in monetary terms and to which ministries,” Moshoeshoe said.


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Public Eye On Sunday

Sunday December 16, 2018

News

Call to change pensions system to curb fraud RELEBOHILE TSOAMOTSE

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ASERU - Social development minister, ’Matebatso Doti, has said the government should stop disbursing pension for elderly citizens through civil servants to curb the increasing incidence of ghost beneficiaries. Doti said there was urgent need to have a bank or agent in place to distribute pension on behalf of the government. The minister was speaking at the Lesotho Social Assistance project mid-term review of the Government and World Bank on Wednesday this week, where technical teams from the government and the World Bank gathered to assess progress made on the Social Assistance project. Doti said the budget support to the government by the World Bank is disbursed after achievement of indicators adding that the achievement of these indicators also helps government to have a social protection system that promotes efficiency and equity of selected social assistance programmes. The selected programmes include the Child Grant Programme (CGP), the Post Primary Bursary (PPB), the Public Assistance (PA) and the Old Age Pension (OAP); all of whose efficient management, Doti said, could increase their coverage. “There are 21 indicators but only six have been achieved and this does not show commendable progress on our part. Which is why our project ranking has been downgraded ranking from satisfactory to

Social development minister, ’Matebatso Doti moderately satisfactory, largely because most of the proposed indicators require key reforms on harmonisation and integration of programmes, especially public assistance programmes. “A lot of work is being done but the process is not yet complete to ensure harmonisation of targeting procedure, enrolment, case management and implementation of a unified payment system,” Doti said. The achievements include successfully merging the Post Primary Bursary Programme (PPB) and the Orphans and Vulnerable Children Programme into one programme under the ministry of Social Development. This has seen considerable savings in administration costs, expansion of the

coverage of the Child Grant Programme from 27,000 households to approximately 38, 000 in November 2018, increased coverage of the National Information Systems for Social Assistance (NISSA) to more than 75 percent of the community council, and removal of more than 6,000 departed beneficiaries from the Old Age Pension database. At the workshop, it was agreed that the government and the World Bank would reinforce their efforts towards achieving some of the indicators: Completion of the Public Assistance (PA) programme and the Child Grant Programme by harmonising their targeting, enrolment, payment and case management process, expansion of the Child Grant Programme to the targeted 60,000

households, accelerating the implementation of the pilot community development model in the selected community councils, as well as developing a nutritionsensitive social protection intervention. The current Social Assistance Project also supports the reforms of the programmes by harmonising and improving the targeting, enrolment, payment system and case management and grievance redress mechanisms. “The government would like to thank the World Bank and all development partners for providing unwavering support to create an enabling and productive environment for vulnerable groups and ensuring there is efficiency, equity and vulnerability,” Doti said. As of November 2018,

the programme has an overall disbursement of 46 percent with over US$15 million (about M225 million) having been disbursed to Treasury while US$2 million has been handed to the Ministry of Social Development. For her part, World Bank Lesotho Country Representative, Ms Janet Entwistle congratulated Lesotho for the progress made in reforming the social assistance programme. “I would like to congratulate the Government of Lesotho and the Ministry of Social Development for progress made in reforming social assistance in Lesotho, I encourage the government to continue increasing efforts on this reform agenda and continue to achieve efficiency and effectiveness,” Entwistle said. She said the review is an important opportunity to reflect on the achievements and on what is working, adding that the World Bank hope to understand the opportunities and challenges facing implementation and to agree on the way forward in ensuring that not just the project is a success but that it achieves the government’s ambitious goal of reforming the social assistance programme in meeting the needs of its poorest citizens. The Social Assistance Project contributes to the World Bank group’s twin goals of eliminating extreme poverty and promoting shared prosperity. The project also aligns with the country Partnership Framework focus area that seeks improved efficiency and effectiveness in the public sector. Development partners including the European Union (EU), UNICEF and Catholic Relief Services also participated at the workshop.


Public Eye On Sunday

Sunday December 16, 2018

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International Sports News Rocky’s Treasure claims December riches at Doncaster Rocky’s Treasure galloped his rivals into submission in the December Novices’ Chase at Doncaster. Kim Bailey’s charge won his first three starts over fences, bolting up at Kelso and Fakenham in October before completing his hat-trick at Wetherby last month. He was a clear second behind the highly-regarded Santini on his most recent outing at Newbury and was the 11-8 favourite to get back on the winning trail in this four-runner Grade Two. Jockey David Bass appeared keen to ensure the three-mile contest was a searching test of stamina, sending Rocky’s Treasure straight to the lead from the off. Coup De Pinceau – bidding to provide Paul Nicholls with a fourth win in the last six renewals of this race – was his nearest pursuer for much of the way, but Bailey’s charge had seen him off rounding the home turn and the further he went, the further he went clear. Theclockisticking came through to beat Coup De Pinceau to the runner-up spot, but passed the post some 17 lengths behind the emphatic winner. Bailey’s assistant Mat Nicholls said: “I’m not sure where we’ll go. He ran well one day right-handed at Hereford and he hung very badly so went the other way ever since. “Kempton is not an ideal place to go right-handed, so I don’t think we’ll be going there. We could try a big, galloping track. “I don’t know. Maybe the Towton at Wetherby. That’s left-handed obviously. It was soft ground at Newbury when he was second to Santini and that wasn’t a bad run. “We’ll discuss Cheltenham. He’s improving and if you finished second to Santini in the RSA, you’d say you’d done well. We’ll see.”

Modric hits out at Messi & Ronaldo for skipping Ballon d’Or because someone else won The Real Madrid midfielder has ended the duopoly of Barcelona and Juventus superstars, but neither of his predecessors showed up to see him crowned Luka Modric has hit out at Lionel Messi and Cristiano Ronaldo for skipping the Ballon d’Or gala, with the 2018 winner suggesting the iconic figures only care about personal recognition. After a decade of dominance by Argentine and Portuguese superstars, the prestigious Golden Ball is now in new hands. Real Madrid midfielder Modric has seen his efforts recognised, with a memorable year seeing him reach the World Cup final with Croatia and claim the FIFA Best Award. The Croatia international has been hailed for ending the duopoly of Messi and Ronaldo, but a former Blancos team-mate and Barcelona rival were not on hand to see his latest

coronation. Pressed by Sportske Novosti for his take on the award snub, Modric said: “I cannot say why someone did not attend – that’s their choice. “That is logical, is it not? “It turns out these choices and trophies only have value when they get them. “It is not fair to their playing colleagues, or to the voters who have nominated them for the past 10 years – nor for football or supporters. “But I repeat, everyone behaves the way they think they need to.” While pleased to have

seen his efforts in 2018 acknowledged, Modric concedes that he is not the best player on the planet. He is, however, eager to point out that prizes such as the Ballon d’Or are distributed to those who have impressed over the course of a 12-month period, not their career as a whole. The 33-year-old added: “Here we are talking about seasonal performance, and it probably means that all the coaches, players, football legends and journalists have voted the same. “Or are they all

Kohli stands firm for India in Perth

Australia added 49 to their overnight score to reach 326 all out before reducing the tourists to 8-2 in Perth. Cheteshwar Pujara

and Kohli steadied the innings and got to 82 when the former was dismissed by Mitchell Starc. Ajinkya Rahane (51

not out) continued the momentum and helped India get to 172-3 at the close, trailing by 154. It was a resolute 181ball knock from Kohli

mistaken at the same time? “If we vote on the quality of the player, then the only thing left is to distribute all the trophies for Messi and Ronaldo as long as they are actively playing and to abandon any vote.” Having already helped himself to an enviable haul of individual honours this year, to go with the Champions League crown he collected with Madrid last season, Modric is now looking to wrap up 2018 by helping the Blancos to a third successive Club World Cup triumph. with runs hard to come by against a disciplined Australia bowling attack. Kohli was quickly at the crease for his side as his openers continued their struggles - with Murali Vijay (0) and KL Rahul (2) being bowled by Starc and Josh Hazelwood respectively. Pujara spent two and a half hours at the crease for his 24, which came from 103 balls. Earlier, Australia had resumed on 277-6 and captain Tim Paine took his score from 16 to 38, while India also dismissed Pat Cummins (19), Starc (6) and Hazlewood (0). India lead the series 1-0 after winning the opening Test in Adelaide.


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Public Eye On Sunday

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Sunday December 16, 2018

Sunday December 02, 2018

Public Eye On Sunday

There’s someone to rely on in Lesotho

Wade Young wins the 2018 Motul Roof of Africa

Wade Young has topped off an incredible 2018 hard enduro racing season by winning The Mother of Hard Enduro, the infamous Motul Roof of Africa. The South African star completed the grueling event in a total time of 14-hours and 47-minutes, a clear 23-minutes ahead of the second placed rider, Travis Teasdale. It has been widely reported that the 2018 version of the Roof of Africa was one of the toughest with legendary racer and former Roof winner Alfie Cox reporting, “It was tough. It was not a walk in the park and people had to dig deep. Some blokes were on the bike for ten to eleven hours a day. But that is what the Roof of Africa is all about.”

While the mountains of Lesotho proved unforgiving, Wade Young made short work of the competition with a 40-minute lead after a strenuous 8-hours and 28-minutes on the bike after the first day of racing. Young played it safe on day-two, relinquishing some of his lead but ensuring his fourth Roof of Africa title. “It was a tough one this year, it was definitely harder than last year but it’s a great way to end off a great season,” Young said after claiming victory. The Sherco Factory rider claimed a number of highprofile hard enduro events in 2018 with victory in the Sea to Sky, Romaniacs, Megawatt and Australia’s own Wildwood Rock Extreme. - Enduro News


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