INTRODUCTION

The Prosecution Division is the division created within the structures of the Directorate on Corruption and Economic Offences (DCEO). Its core mandate under section 6 (e) is to prosecute, subject to section 43, any offence committed under the Prevention of Corruption and Economic Offences Act 5 of 1999, to render legal advice to the Director-General and staff and to assist with relevant expertise in the investigation of cases.

ACTIVITIES

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.

  1. 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.
  2. 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.
  3. 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 2020/21 the Division remanded two (2) cases:

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:

  1. 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.
  2. 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.
  3. 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 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

  1. 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.
  2. 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
  3. 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
  4. 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.
  5. 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
  6. 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
  7. 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.