...who now demands M5 million compensation from the LDF
DEPUTY army commander, Major General Matela Matobakele, has landed the army in hot soup.
It has been slapped with a M5 million lawsuit for the alleged torture of a Leribe civilian, Liteboho Mahloane, suspected of being a famo-gang member.
Maj Gen Matobakele is alleged to have spearheaded the assault of Mr Mahloane, resulting in the latter breaking arms and legs. The army boss and his men also allegedly detained him illegally while demanding that he produces a gun on 4 July 2024.
It took a habeas corpus (writ to produce a person) application by his wife, 'Maleseli Mahloane, to have the High Court compel the Lesotho Defence Force (LDF) to release Mr Mahloane from its custody on 10 July 2024.
The fire spitting deputy army boss has on numerous occasions vowed to crack the whip on famo gangsters. Just a fortnight ago, he was chastised by the legal fraternity for threatening to "torture" lawyers and judges who release famo gangsters' after the army has pounced on them. However, the LDF commander, Lieutenant General Mojalefa Letsoela, has come out to say the statement was not meant to threaten anyone and the army would always uphold the rule of law and protect the administration of justice.
But now Mr Mahloane's alleged torture and detention has come back to bite the army.
Mr Mahloane has, through his lawyers N.J Chambers, now written to the Attorney General, Advocate Rapelang Motsieloa KC, demanding M5 million as compensation for his "torture, unlawful arrest and detention" by Maj Gen Matobakele and other soldiers.
"We act on the instructions fromt he attorneys of Liteboho Mahloane. We are instructed by client to demand from you as we hereby do, damages in the amount of M5 million as damages arising from torture, unlawful arrest, detention and inhumane treatment subjected to client," N.J Chambers wrote on 9 August 2024.
"Client instructs us that on 4 July 2024, he was allegedly arrested by members of Lesotho Defence Force at his home very early in the morning while asleep with his wife. They kicked and beat him with melamu (fighting sticks) breaking his leg and arm. Client was taken to Mokota-koti (military base) thereafter Makoanyane (barracks) after which he was taken to Makoanyane Military Hospital.
"Among a group of soldiers who tortured him he recognised Major General Matobakele. Client instructs us that he was arrested since then till the 10th (July) when he was released having obtained a court order to that effect."
Mr Mahloane had been released after Justice Fumane Khabo issued an order directing the LDF to release him from detention and allow him to consult with a medical practitioner of his choice. This after the army failed to present him to the court with the explanation that he was receiving medical attention at Makoanyane hospital.
'Maleseli had then explained that about eight soldiers had abducted her husband in the early hours of 4 July 2024, at their home in Lekhalong, Ha Qamo, Leribe.
She had told the Lesotho Times they were sleeping when they heard a knock on the door at around 3am, which they initially ignored. However, they were forced to open the door after hearing several gunshots and after sensing these were soldiers.
"When we opened the door, we saw a group of about eight soldiers in Lesotho Defence Force uniforms. They demanded that my husband give them a gun, which he insisted he did not have. They started beating him with fighting sticks," she recounted.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
"Despite searching the house and finding nothing, the soldiers continued to beat him until they broke his leg and arm. They only stopped beating him when he cried that they had broken his arm and leg, but they took him along.
Later that morning, at around 10am, the soldiers returned, demanding Mr Mahloane's mobile phone, which was being charged "somewhere else". They instructed that the phone be taken to the soldiers' base at Mokota-Koti in Maputsoe before sunset.
"When I took the phone to Mokota-Koti, I asked where my husband was, and they told me he was in a hospital in Maseru," Ms Mahloane said.
She, along with an elder, searched for him at Makoanyane Barracks, Mohlomi Hospital, and Queen Mamohato Memorial Hospital without success. Finally, they sought legal advice which resulted in the habeas corpus application.
