Tšooana con­tin­ues fight for job

Lesotho Times - - News - Tefo Tefo

KING’S Coun­sel Sale­mane Phafane yes­ter­day urged the High Court to dis­miss an ap­pli­ca­tion by Po­lice Com­mis­sioner, Khothatso Tšooana, in which he is seek­ing an or­der di­rect­ing Prime Min­is­ter Pakalitha Mo­sisili to al­low him to re­sume his du­ties with im­me­di­ate ef­fect.

Ad­vo­cate Phafane told Jus­tice pa­tient who had been more se­ri­ously in­jured, is in crit­i­cal con­di­tion. He sus­tained ex­ten­sive in­ter­nal in­juries and un­der­went ex­ploratory la­paro­tomy on Mon­day. He is cur­rently be­ing closely mon­i­tored and re­mains in a crit­i­cal but sta­ble con­di­tion in the In­ten­sive Care Unit here at Queen ‘Mamo­hato Me­mo­rial Hos­pi­tal,” Dr Seeiso said.

Dr Seeiso fur­ther noted Tše­pong Hos­pi­tal had con­sulted spe­cial­ists in Bloem­fontein over the child’s in­juries, and did not fore­see the boy be­ing trans­ferred to South Africa for fur­ther treat­ment.

Ko­po­rala’s fa­ther, Tsepiso Mothae, told the Le­sotho Times that he wit­nessed the tragedy. It is his child, Kopar­ala, who is still in the ICU at Tše­pong.

“It hap­pened right be­fore my eyes at around 3pm on Satur­day; I was just a few me­tres from the chil­dren as they played with ‘Mase­shophe Hla­joane that the ap­pli­ca­tion had been filed on an ur­gent ba­sis “er­ro­neously” hence his re­quest for its dis­missal.

Ad­vo­cates Phafane and Motiea Teele col­lec­tively rep­re­sent the re­spon­dents in the case, namely Dr Mo­sisili, Po­lice Min­is­ter Monyane Moleleki, Deputy Com­mis­sioner of Po­lice (DCP) Keketso Mon­a­heng, DCP Holomo Moli­beli and At­tor­ney the de­vice, which sud­denly ex­ploded.

“My neigh­bour’s son, Leuta, was in­jured from the knees down while my son was hit from the waist up­wards, by shrap­nel from the ex­plo­sive.

“When we rushed the kids to hos­pi­tal, I was cer­tain my child had died in the blast. We took him to Maseru Pri­vate, and it was only when we were at the hos­pi­tal that we saw him move his limbs. We were later told that the shrap­nel had pierced his heart, lungs and liver”, said Mr Mothae.

Ac­cord­ing to the dis­traught fa­ther, he was told by the boys’ friends that they had picked up the “toy” at a dump­site near their vil­lage.

“In fact, their friends said the boys picked up the de­vice, which they thought was a toy, in De­cem­ber last year, but it some­how did not det­o­nate un­til Satur­day,” Mr Mothae said.

Mat­seliso Phethane — a teacher at Semph- Gen­eral Tšokolo Makhethe.

Ad­vo­cate Phafane told the court that Mr Tšooana filed the ur­gent ap­pli­ca­tion late de­spite be­ing aware of the ap­point­ment of DCP Mon­a­heng as the act­ing Com­mis­sioner of Po­lice.

“The real course of ac­tion in th­ese pro­ceed­ings is the ap­point­ment of the Third Re­spon­dent as the Act­ing Com­mis­sioner of Po­lice. “The ap­pli­cant, in his pa­pers, clearly stated that he knew of the Third Re­spon­dent’s ap­point­ment as Act­ing Com­mis­sioner on 8 April 2015.

“Fol­low­ing the ap­point­ment, the ap­pli­cant only came to court 19 to 20 days later and comes to court seek­ing or­ders op­er­at­ing with im­me­di­ate ef­fect.

“He came to court on the 27th of April and moved the ap­pli­ca­tion the next day.

“There is no ur­gency at all here and if there is any, it is a self-cre­ated ur­gency and on this ground alone, this ap­pli­ca­tion has to be dis­missed,” Ad­vo­cate Phafane sub­mit­ted.

The lawyer also ques­tioned the le­git­i­macy of the Cer­tifi­cate of Ur­gency signed by At­tor­ney Tu­misang Mosotho and at­tached to the No­tice of Mo­tion.

The cer­tifi­cate, he ar­gued, did not meet the re­quire­ments of the law for it to qual­ify as such.

“A Cer­tifi­cate of Ur­gency has to ful­fill cer­tain legal re­quire­ments and if it fails, the ap­pli­ca­tion that it ac­com­pa­nies has to fail.

“The rate at which ap­pli­ca­tions are be­ing filed in this court termed ur­gent, has be­come a prob­lem.

“It has not only be­come a prob­lem for this court, but also in the Court of Ap­peal. But de­spite warn­ings by the Court of Ap­peal, this prac­tice con­tin­ues un­abated.

“The Cer­tifi­cate of Ur­gency must show grounds of the ur­gency.

“It is not good enough to just say the ap­pli­ca­tion is ur­gent.

“Here the grounds are merely that the Third Re­spon­dent (DCP Mon­a­heng) hass been ap­pointed to act in the ap­pli­cant’scant’s po­si­tion while the ap­pli­cant is s still present.

“We sub­mit there is noth­ing ur­gent if some­one e has been ap­pointed to act in the ap­pli­cant’s po­si­tion.”

He con­tin­ued:ed: “The ap­pli­cant also says the case is ur­gent ent be­cause the re­spon­dents haveave started trans­fer­fer­ring po­lice of­fif­fi­cers. That’s not his busi­ness.

“What he is at­tempt­ing to do is clearly try­ingng to op­er­ate un­der­der the mis­con­cep­tio­n­ion that the Le­sotho Mounted Po­lice Ser­vice be­longs to him.

“The cer­tifi­cate of ur­gency

falls far short of the legal re­quire­ments and as such, the ap­pli­ca­tion has to fail.”

Ad­vo­cate Phafane also urged Jus­tice Hla­joane to dis­miss Mr Tšooana’s ap­pli­ca­tion on the grounds that the re­spon­dents were not prop­erly served within the stip­u­lated time of at least two days be­fore the ap­pli­ca­tion could be moved in court.

“The ap­pli­ca­tion was only filed on 27 April and served on the re­spon­dents at 3:30pm that day, while the ap­pli­cant moved the ap­pli­ca­tion the fol­low­ing day at 9:30am.

“The rules make it clear that one should al­low the re­spon­dents two clear court days be­fore mov­ing the ap­pli­ca­tion.

“Here the ap­pli­cant clearly in­tended the re­spon­dentsp not to be present.

“That ser­vice amounted to no ser ser­vice at all,” Ad­vo­cate Phafane said. How­ever, the court adad journed to to­day for Mr Tšooana’s law lawyer, King’s Coun­sel Haae Phoofolo, to re re­spond to the sub­mis-sub­mis

Com­mis­sioner of Po­lice Khothatso

Tšooana.

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