An­a­lysts warn state over SADC in­quiry

. . . say snub­bing South African hear­ings was not a smart move

Lesotho Times - - News -

maphi. When you pit po­lit­i­cal power against le­gal power, po­lit­i­cal power will pre­vail.”

mr mot­samai fur­ther said in­stead of pre­par­ing to re­ject ev­i­dence given in south Africa, gov­ern­ment should have en­sured the en­vi­ron­ment was con­ducive “to al­low those ex­iles to re­turn to Le­sotho to tes­tify”.

“the po­lit­i­cal pres­sure will be even stronger now be­cause south Africa, as a coun­try, and the SADC lead­er­ship, are very much aware Phumaphi is hold­ing pro­ceed­ings in the Free State,” Mr Mot­samai said.

“Gov­ern­ment’s best bet is to al­low Phumaphi to build his re­port us­ing the ev­i­dence he has gath­ered, then make sub­mis­sions to the judge of the ev­i­dence they wish to con­test. they can be given the priv­i­lege to as­sess ev­i­dence per wit­ness, and con­test it based on that anal­y­sis.”

mr mot­samai also pointed out the Pub­lic In­quiries Act 1994 clearly states com­mis­sions of in­quiry “re­port to the prime min­is­ter but in this case, (Pakalitha) mo­sisili yielded his pow­ers to SADC by say­ing the com­mis­sion’s re­port should be di­rected to the re­gional body”.

He con­tin­ued: “the day Dr mo­sisili agreed that the Phumaphi com­mis­sion would re­port to SADC, he yielded some of his po­lit­i­cal pow­ers. my un­der­stand­ing is the com­mis­sion re­ports to SADC.

“mo­sisili will only get the re­port as sec­ondary in­for­ma­tion. In the end, po­lit­i­cal pres­sure will pre­vail over le­gal pres­sure.”

Dr mot­lamelle Kapa from the nul’s so­cial sciences fac­ulty, ar­gues by invit­ing SADC to help re­solve its chal­lenges, Le­sotho un­der­took to sup­port the com­mis­sion un­con­di­tion­ally.

Dr Kapa fur­ther adds if ev­i­dence al­ready put be­fore the com­mis­sion is any­thing to go by, “then those peo­ple were jus­ti­fied not to want to come and tes­tify in Le­sotho”.

Gov­ern­ment’s de­ci­sion to snub the pro­ceed­ings and re­ject the ev­i­dence, he fur­ther says, could be “a ploy to sup­press ev­i­dence”.

Dr Kapa also says gov­ern­ment is at risk of los­ing the ar­gu­ment be­cause the com­mis­sion’s strength is “more po­lit­i­cal than le­gal”.

“the minute gov­ern­ment called SADC to in­ter­vene by es­tab­lish­ing the com­mis­sion, it also sus­pended any is­sues per­tain­ing to ju­ris­dic­tion. Ju­ris­dic­tion shouldn’t be an is­sue here,” Dr Kapa added.

LCN di­rec­tor seabata Mot­samai

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