Mosili fights dis­missal

Top cop launches legal chal­lenge to re­claim job

Lesotho Times - - Front Page - Tefo Tefo

A case in which As­sis­tant Com­mis­sioner of Po­lice (ACP) Sello Mosili wanted to block his trans­fer has been post­poned to Tues­day next week fol­low­ing rev­e­la­tions the of­fi­cer had since been fired.

The case was set to pro­ceed in the High Court on Mon­day this week but the lawyer rep­re­sent­ing the re­spon­dents, Sale­mane Phafane, told Jus­tice Semapo Peete it would not be nec­es­sary to pro­ceed as Mr Mosili’s con­tract had been ter­mi­nated.

Deputy Com­mis­sioner of Po­lice (DCP) Keketso Mon­a­heng, Com­mis­sioner of Po­lice Khothatso Tšooana, Min­is­ter of Po­lice Monyane Moleleki and At­tor­ney Gen­eral Tšokolo Makhethe, are the re­spon­dents in the mat­ter.

Ad­vo­cate Phafane told the court: “I have been in­formed by my clients that the ap­pli­cant’s con­tract of em­ploy­ment with the Le­sotho Mounted Po­lice Ser­vice (LMPS) or gov­ern­ment of Le­sotho was ter­mi­nated through a let­ter dated 12 May 2015.

“I have whis­pered to my learned friend (At­tor­ney Khotso Nthon­tho) be­fore com­menc­ing pro­ceed­ings for him to take fur­ther in­struc­tions from his client in the mat­ter.

“The pro­ceed­ings have now been over­taken by events, and it would only be­come aca­demic if we pro­ceed.

“If this is cor­rect, I don’t see the need for us sit­ting here as your Lord­ship will re­call this mat­ter is about a trans­fer of a serv­ing mem­ber.”

How­ever, At­tor­ney Nthon­tho held a dif­fer­ent view, and told the court he had not seen the ter­mi­na­tion let­ter.

“I haven’t had an op­por­tu­nity to look at the let­ter (of dis­missal). I’m also aware the let­ter was writ­ten about six days ago but has not reached my client.

“In any event, it is pru­dent that this case pro­ceeds in light of the fact that there should be ju­rispru­den­tial prece­dence in this case,” At­tor­ney Nthon­tho said.

How­ever, Ad­vo­cate Phafane told the judge that Mr Mosili had signed the let­ter on Mon­day this week, to ac­knowl­edge its re­ceipt.

It was af­ter this state­ment that Jus­tice Peete ad­journed pro­ceed­ings to en­able At­tor­ney Nthon­tho to dis­cuss the mat­ter with his client.

“It’s im­por­tant that we ad­journ th­ese pro­ceed­ings un­til Tues­day next week at 11am,” Jus­tice Peete ruled.

Mr Mosili last month filed an ur­gent ap­pli­ca­tion in the High Court seek­ing an or­der stop­ping DCP Mon­a­heng “from work­ing and/or op­er­at­ing as Com­mis­sioner of Po­lice in the pres­ence of the in­cum­bent Com­mis­sioner, (Khothatso Tšooana).”

He also wanted the court to de­clare his lat­eral trans­fer from the Crim­i­nal In­ves­ti­ga­tion Ser­vice (CIS) where he was the head, to the Stock Theft De­tec­tion Unit (STDU) “as ir­reg­u­lar and null and void ab ini­tio.”

In his sup­port­ing af­fi­davit, Mr Mosili ar­gued DCP Mon­a­heng had no pow­ers to trans­fer him be­cause the sub­stan­tive LMPS Com­mis­sioner, Tšooana, was in the coun­try af­ter re­turn­ing from the spe­cial leave he un­der­took un­der the Maseru Se­cu­rity Ac­cord in Oc­to­ber last year.

How­ever, Mr Mon­a­heng still wrote the trans­fer let­ter last month, prompt­ing Mr Mosili’s lit­i­ga­tion.

Mr Mosili ar­gued in the af­fi­davit: “I aver that im­me­di­ately af­ter re­ceiv­ing a let­ter trans­fer­ring me, I re­quested my coun­sel of record to write a let­ter in­ti­mat­ing my stance.

“I felt that my rights were fra­grantly vi­o­lated by be­ing trans­ferred by DCP Mon­a­heng, whom I know with re­spect that he is not the Act­ing Com­mis­sioner of Po­lice be­cause of the rea­sons elicited in Para seven above.

“I am afraid that next week there will be an­other per­son who will, by word of mouth, act in the po­si­tion of Com­mis­sioner of Po­lice and I will be trans­ferred again.”

In the para­graph he was re­fer­ring to, Mr Mosili ar­gued Mr Mon­a­heng “is not the Com­mis­sioner of Po­lice and his act­ing ap­point­ment is fun­da­men­tally flawed.”

He noted it was wrong for DCP Mon­a­heng to be ap­pointed act­ing Com­mis­sioner of Po­lice when there was DCP Holomo Moli­beli who was still act­ing as com­mis­sioner fol­low­ing DCP Ma­supha Ma­supha’s res­ig­na­tion.

“I have a clear right as a dis­ci­plined po­lice­man to know that my trans­fer is done in ac­cor­dance with the law and by the right author­ity,” he added.

FOR­MER ACP Sello Mosili

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