DEPUTY Commissioner of Police (DCP), Mahlape Morai, has instructed traffic officers to desist from harassing motorists by illegally impounding their vehicles and confiscating their drivers' licences and motor vehicle registration documents as collateral to compel them to report to the police.
Vehicles should only be seized when they are needed as evidence in court, and not for any other reason, she said.
Dr Morai said failure to follow the rules would result in individual officers being held accountable, as their conduct has led to unnecessary lawsuits against the police service over time.
She further told district commissioners of police across Lesotho's ten districts that they were responsible for monitoring the behaviour of their subordinates to ensure compliance.
This directive was outlined in an internal memo issued on Tuesday, November 4, titled "Improper Impoundment of Vehicles and Seizure of Motorist Documents by Police Officers."
The memo which was addressed to the district commissioners of police and heads of units underscores a commitment to uphold legal standards and ensure fair treatment for all road users in Lesotho.
Although Dr Morai did not specifically mention it, it is a common practice among Lesotho's traffic police officers to seize drivers' licenses, permits, and other vehicle-related documents.
They often remove registration plates from cars as collateral to ensure that owners report to the police. In some cases, they go so far as to impound the vehicles, with the release of both the cars and documents contingent upon the owners paying bribes to these officers.
The corruption within the Lesotho traffic police is so rampant that they even target tourists, setting up minor traps to extract bribes for the release of their vehicles. Currently, Lesotho's roads are filled with police officers conducting random checks for offenses.
Most offenders are often released after paying a bribe, to the extent that motorists budget for these payments to avoid inconveniences and the lengthy court process.
"It has come to our attention that certain practices have emerged within the Traffic Branch that violate both legal and professional standards of the Lesotho Mounted Police Service (LMPS). Specifically, there have been reports of the impoundment of non-exhibit vehicles," Dr Morai, who is in charge of the police service delivery unit, stated.
"Motor vehicles that are not directly related to an investigation have been unlawfully impounded as collateral to ensure that suspects report to the police. This practice is baseless and constitutes the arbitrary seizure of property, which is strictly prohibited.
"Removal of Registration Plates: Police personnel often remove vehicle registration plates when a driver is not present or if they believe an offense has been committed, even when the driver is available for arrest. This action is unauthorized and unacceptable."
She continued: "Seizure of motorist documents: There are numerous instances of confiscating public permits, drivers' licenses, and other vehicle-related documents (D-permits, certificates of fitness, etc.) without due process. This violates both the Road Traffic Act of 1981 and the Road Transport Act of 1981."
Additionally, Dr Morai highlighted the problematic issue of impounded vehicles being damaged due to neglect and a lack of proper security, which she noted also violated the law. Such actions also exposed the police service to unwarranted civil claims.
"Negligent Custody of Impounded Vehicles: Vehicles held by the police have been subjected to theft or damage due to inadequate security measures. This reflects poorly on the LMPS and creates liability for the police service. It is the responsibility of all police officers to ensure the safety of all impounded vehicles," Dr Morai stated.
"These practices are clear violations of the law. They are unprofessional, infringe on the rights of motorists, and expose the service to unnecessary civil claims."
She instructed all district commissioners of police to ensure the immediate cessation of these illegal practices.
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"Officers must adhere to approved procedures when detaining suspects or handling vehicles and documentation. Any impoundment or seizure must be legally justified and documented," Dr Morai insisted.
"...Ensure that all impounded vehicles and seized documents are secured and logged, with records kept of the officer responsible for handling the property.
"......Police officers who continue these practices will face disciplinary action and will be held personally liable. District Commissioners are responsible for monitoring compliance and holding officers accountable.
A report published by Afrobarometer in June 2024 singled out the Lesotho Mounted Police Service (LMPS) as the most corrupt institution in the country.
The report said police officers frequently solicited bribes from locals and tourists, often fabricating traffic violations as a pretext for extorting money.
