During the year 2020/21 the Division remanded six (6) cases:
05/11/2020
COMPANY DIRECTOR AND GOVERNMENT EMPLOYEE CHARGED
Mohapi Khofu, together with his company called Refela Holdings,and Thelingoane Liotlo, an employee of Lesotho government holding the position of construction supervisor, charged with corruption and fraud in Botha-Bothe Magistrate Court.
The said accused, upon or between the dates 03rd October 2016 and 31st December 2017 at or Ha-Khanye in Botha-Bothe district, Thelingoane Liotlo as government employee in the Department of Rural Water Supply abused the functions or position of his office for the purpose of obtaining advantage for himself or for another person, to wit by verifying that certain phases of the rural water supply and sanitation project have been completed by Refela Holdings and as a result the latter was entitled to payment whereas at the time of the verification the company knew that the phases had not been completed and Refela Holdings obtained undue benefit from the government of Lesotho in the amount of M1,857.221.51 (one million Maloti, eight hundred and fifty-seven, two hundred and twenty-one and fifty-one lisente).
The accused did hereby commit the offence of CORRUPTION and FRAUD.
09/11/2020
GOVERNMENT EMPLOYEE CHARGED OVER FRAUDULENT WORK PERMIT
Ministry of Labour and Employment employee Nthoateng Russel and Liketso Ntho an employee in the Ministry of Natural Resources, but serving as agent for and on behalf of PRIMEDIA appeared in the Magistrate Court Maseru charged with CORRUPTION and FRAUD.
The said accused, shared a common purpose to pursue an unlawful act around November 2017, whereby Russel being an employee in the Ministry of Labour and Employment, abused the functions or position of her office, for obtaining undue advantage for herself or another person, by receiving money in the amount of M32,000.00 for the purpose of issuing valid work permits(s) to PRIMEDIA employees but instead issued fraudulent work permit(s) to such employees to the benefit of herself and/ or Liketso Ntho.
They both commit the offence of CORRUPTION and FRAUD.
01/09/2020
FORMER LCA CEO CHARGED
Former Lesotho Communications Authority (LCA) CEO, TŠeliso ‘Mokela, and members of the Authority’s Board namely; Lefa Mokotjo, Monare Thulo, Paseka Khetsi and Bokang Lethunya,’Majanki Fako and ‘Mamofuta Kale on suspicion of abusing functions of their offices. ‘Mokela failed to disclose his interest in a Board meeting he attended to decide on his financial gain.
The Board is accused of corruptly facilitating ‘Mokela’s bonus at the rate of 57 percent without assessing his performance, and that when they did the members shared a common purpose and bypassed the Authority’s regulations that bonuses can only paid at maximum rate of 20 percent, but they approve his bonus at the rate of 57 percent which amount to M104,203.33 in 2016/2017 and M785,279.88 in the year 2017/2018 in the same year, the Board approved 8 percent salary adjustment costing the government M449,039.81. ‘Mokela is therefore accused of violating the contract of employment entered into between the minister, as the appointing Authority hence corruption and conflict of interest.
08/09/2020
LESOTHO POSTAL SERVICES EMPLOYEE CHARGED
A civil servant placed at Lesotho Postal Services at Salary Advance division Maseru named Teboho Francis Mosese accused of corruption, cheating of Public revenue and Aggravated theft whereby he diverted public funds for his benefit, by duplicating loan applications of civil servants who applied for salary advance, presented them before the management for approval and diverted the approved money into his personal account in the amount of M123,326.87, and M148,626.87 respectively. Accused wit M18 000.00 and M7,300.00 of civil servants who paid loan settlement which was the property of Lesotho Postal Services.
04/08/2020
Home affairs employees charged with crime of cheating of public revenue and money laundering
Nthatisi Thabane, and Mathabo Matsoso were employees of Lesotho government posted at the Ministry of Home Affairs holding offices of Refugee and Migration Liaison officer and Secretary to the then Deputy Minister of Home Affairs respectively. While the third accused is Ensenjor Akinagum, a naturalized Mosotho who was self-employed as the Principal Management Consultant and operating in Maseru Lesotho.
None of the above accused persons are involved in the official processing or granting of the applications for naturalization in the Ministry of Home Affairs Lesotho, but they collectively contacted some of the applicants who had applied for citizenship, and promised to fast track their application procedure on applicant’s behalf. To do so the accused persons demanded that applicants each pay seventy thousand Maloti (M70,000.00) per person per application which is the actual payment for the naturalization process and a further thirty thousand (M30,000.00) as a ‘’drink’’.
Ensenjor Akinagum facilitated contact between the applicants Nthatisi Thabane and constantly conveyed messages back and forth. Nthatisi Thabane later passed messages to Mamosa Matsoso. During that period the accused unlawfully received and kept in their possession monies meant for naturalization certificates from four (4) applicants amounting to two hundred and eighty thousand Maloti (280,000.00) and further thirty thousand Maloti (M30,000.00). The Ministry of Home Affairs has lost M280,000.00 due to accused fraudulent and corrupt conducted.
An accountant charged with Corruption and Money Laundering
The National University of Lesotho (NUL) accountant Mr Phillip Tefo Majara stationed at Institute of Extra-Mural Studies (IEMS) branch in Maseru, working in the accounts office. The accused unlawfully did the following:
- Received and kept in his possession money meant for tuition fee from the students at IEMS and never deposited them into the school’s account. Secondly, through his username and password falsified information entered into NUL students Accounts Section, by wrongfully unblocking those students who had outstanding balance with the University and further issuing those student with receipts and or a stamp on their registration forms indicating that they (students) no longer owed the university, when in fact they did. Therefore, the accused is guilty of the crime of corruption in contravention of section 13 (3) (b) read with section 20 of The Prevention of Corruption and Economic Offences.
- Intentionally, made misleading statements in ledgers or accounts which he was obligation to keep by law. He failed to keep ledgers in contravention of section 33 (1) (a) of The Prevention of Corruption and Economic Offences.
- Committed fraud by deliberately making to NUL a false representation a fact which in the circumstances he had a duty to reveal, with the intention that NUL act upon the representation to its detriment to the loss of M363 558.00. Consequently, the accused contravene section 25 (a)(i) read with section 25 (4) of The Money Laundering and Proceeds of Crime (Amendment) Act No.7 of 2016
During the year 2019/20, the Division remanded three (3) cases:
Minister charged with corruption
Former Minister of Gender,Sports and Recreation Dr Mahali Phamotse, Principal secretary Education and Deputy Principal secretary was charged with corruption for allegedly influencing the awarding of a 2015 High schools textbooks tender to Epic Printers and Molumeli PTY(Ltd). She was granted free bail by Chief Magistrate, saying she believe the minister would not abscond but would stand trial to finality.
Director General charged with corruption and fraud
Former Director General of Land Administration Authority (LAA) Mr Mahashe Chaka charged with contravening Section 13 (3) )a) and (b) of the Prevention of Corruption and Economic Offences Act 5 of 2009 as amended and Section 68(1) read with Section 109 of Penal code Act 6 of 2010. The accused did unlawfully divert property entrusted to him by virtue of his position for the purpose of obtaining undue advantage for himself or for another person, to in the following manners:
1 .By instructing and causing to be registered a title deed to land in respect of a certain plot in Cathedral Area in Maseru in the names of his Mother, knowing that the said piece of land had not been allocated to her.
- He made false representation to LAA officials that certain plot belongs or allocated to his mother so that officials should act upon and issue a lease/title deed.
- By purchasing LAA asset (Toyota Land Cruiser; code LAA0311, Registered A 3825) at 25% depreciation value, bringing it to the end of its useful life, contrary to the prescribed 20% depreciation value.
- He also caused LAA officials to procure for him a cellphone: Iphone X Plus to the tune of M28,696.00, whereas he was entitled to a cellphone worth M16,000.00 only.
Businessmen charged over government fleet tender
DCEO charged businessmen, Mr Teboho Tlokotsi and Mr Tumo Ramonaheng with corruption in the procurement of the government vehicle fleet. The two charged with contravening the Prevention of Corruption and Economic Offences Act after allegedly accepting or attempting to accept bribes to totaling M234.000.00 from a Member of Parliament Likeleli Tampane and several others to facilitate the hiring of their vehicles for the government fleet.
During the year 2018-2019, the division received twenty (20) new cases from the Investigation Division for advice and any other action. Of the (20), fourteen (14) were returned back to investigations for further investigations whilst others are pending with the office of the DPP. Five (5) new cases were brought before the courts of law whilst a further 25 cases are still pending within the judicial system. A further 11 cases that were remanded during the 2016-2017 financial year are also still pending within the judicial system bringing the total number of cases pending in court to 36 cases.
COMPLETED CASES IN THE DCEO SINCE INCEPTION
- CROWN v MATHIBELI EDWIN MOKHOTHU AND ANOTHER
Accused persons were charged with fraud in respect of misrepresenting a participants’ list in a workshop held in relation to HIV/AIDS
Both accused persons were found guilty and each sentenced to 3 years imprisonment and an additional M 6,000.00 fine, sentence was suspended on condition that each accused person pay M 15, 000.00. - CROWN v MASUPHA SOLE (LAHMEYER INTERNATIONA) (LHDA)
Allegation was that from 1988 until 1999, alternatively 2003, Lahmeyer International bribed Masupha Sole and another by paying each of them various sums of money to induce them to do what they could to ensure Lahmeyer’s employment, and continued employment in the project.
Masupha Sole was convicted and sentenced to 15 years imprisonment - CROWN v REATILE MOCHEBELELE AND ANOTHER
Accused was charged with receiving payments from foreign companies to induce them to advance their interests in competing for and retaining contracts connected to the Lesotho Highlands Water Projects.
Both accused persons were found guilty.
1st Accused was sentenced to 10 years imprisonment; 5 years suspended on condition that he forfeits M 800, 000.00 to the Crown.
2nd Accused was sentenced to 6 years imprisonment, 18 months suspended for 3 years and fined M 200,000.00 - CROWN v CLEMENT LEROTHOLI
The Accused person was charged with abuse of power when he gave an unlawful order that benefitted a mining company that would otherwise not have qualified for a mining license.
The Accused was found guilty and sentenced to 5 years imprisonment, alternatively fined M 15, 000.00. - CROWN v MABATHO SHALE
Accused was charged with fraud when she misrepresented to TrenTyre Leribe that a government order of tires was lawful and proper; whereas it was not.
Accused was found guilty of fraud and fined M 10, 000.00 - CROWN v TSELISO STEPHEN DLAMINI
The Accused was charged with fraud, theft and defeating the ends of justice in that he and another orchestrated the theft of monies from Lesotho Highlands Water Projects.
He was found guilty and is currently serving a 15 year sentence - CROWN v PONTSO LEBOTSA
The Accused was charged with abuse of power and contravening the financial order, in that she awarded a tender to a company without following due process
She was acquitted on corruption charges but convicted on contravening the finance order. - FRAUD AND MONEY LAUNDERING CONVICTION
03/11/2020
REX v. MOFEREFERE TEBELLO SENATLA LEJONE
CRI/T/0010/19
L/DPP/18/1065
The accused was charged with Fraud and 8 counts of Money Laundering. In that during the year 2017 and 2018, the accused misrepresented to his employer, Sentebale Funeral Services, that the monies he was sent to deposit into the company’s bank accounts was indeed deposited whereas at the time of the misrepresentation the accused knew that he had not deposited the whole amount. He defrauded his employer, Sentebale Funeral Services an amount of money to the tune of M 2, 328, 290. and used his businesses to launder the said money and to acquire property.
The Court found him guilty of Fraud and 8 counts of Money Laundering, and sentenced him to an effective 10 years imprisonment.
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