Court to rule on Co-op Le­sotho dis­pute

Lesotho Times - - News - Lekhetho Nt­sukun­yane

Jus­tice ’Mase­shophe Hla­joane will on 26 Au­gust 2016 de­liver judg­ment in a case in which the co­op­er­a­tive Le­sotho Limited (coop Le­sotho) Board of Di­rec­tors wants to in­ter­dict the Min­istry of small Busi­ness De­vel­op­ment, co­op­er­a­tives and Mar­ket­ing from in­ter­fer­ing in the or­gan­i­sa­tion’s op­er­a­tions.

the High court on Mon­day this week heard the Board’s ap­pli­ca­tion in which it sought a di­rec­tive block­ing Min­is­ter thabiso Litšiba, Prin­ci­pal sec­re­tary Mot­seki Mo­fam­mere and co­op­er­a­tives com­mis­sioner ’Maphamoli Lekoetje from “un­law­ful in­ter­fer­ence with its ad­min­is­tra­tion, man­age­ment and day-to-day op­er­a­tions, there­fore un­der­min­ing its ju­ris­tic per­son­al­ity”.

the Board wants the court to can­cel the “pur­ported in­struc­tion” is­sued by Mr Litšiba di­rect­ing coop Le­sotho Man­ager thabo shale “to de­sist from tak­ing in­struc­tions from the so-called Board of Di­rec­tors”.

the Board fur­ther wants the court to nul­lify the “pur­ported in­struc­tion” is­sued by Mr Litšiba that Mr shale should han­dover coop Le­sotho busi­ness doc­u­ments to the of­fice of Dr Mo­fam­mere.

it also wants the court to can­cel Mr Litšiba’s “pur­ported in­struc­tion” that all dis­missed co-op Le­sotho em­ploy­ees be re­in­stated and those sus­pended be cleared.

the Board again wants the court to can­cel Ms Lekoetje’s “pur­ported in­struc­tion” di­rect­ing all co-op Le­sotho ten­ants to pay ren­tals at Boliba credit and sav­ings Ac­count.

it also wants the court to nul­lify “pur­ported in­struc­tion” by Ms Lekoetje di­rect­ing a se­cu­rity com­pany en­gaged by the Board to with­draw its ser­vices, “be­cause the ap­pli­cant has its own se­cu­rity of­fi­cer”.

the Board’s lawyer, Ad­vo­cate Mot­samai tla­pana, sub­mit­ted be­fore the court that the said in­struc­tions “are a man­i­fest in­ter­fer­ence of the cor­po­rate per­son­al­ity of the ap­pli­cant and a de­lib­er­ate in­ten­tion to thwart the day-to-day op­er­a­tions of the ap­pli­cant”.

But Mr Litšiba, Dr Mo­fam­mere, Ms Lekoetje and At­tor­ney-gen­eral tšokolo Makhethe, who are cited as first to fourth re­spon­dents re­spec­tively in the mat­ter, have shot down the Board’s ap­pli­ca­tion, ar­gu­ing its chair­per­son, Mr Le­fokotsa seeisa, has no au­thor­ity to act on co-op Le­sotho’s be­half.

they also ar­gue the ap­pli­ca­tion was ill-con­ceived since the or­gan­i­sa­tion was in the process of wind­ing up its op­er­a­tions with a foren­sic re­port into its al­leged mis­man­age­ment be­ing com­piled.

the re­spon­dents ac­cuse Mr shale “and his group,” in­clud­ing Mr seeisa, of lodg­ing the ap­pli­ca­tion “as a ruse to thwart the wind­ing up process”.

Mean­while, co-op Le­sotho em­ploy­ees namely ’Ma­maeketsa Molefi, Tieho Mo­hapi, Thabo Se­la­pane, Le­bo­hang Ma­supha, ’Ma­palesa Pasane, Katiso Mohloai-se­ola and ’Male­bo­hang Ra­pase, who filed a joint-ap­pli­ca­tion sid­ing with the re­spon­dents, ar­gue Ms Lekoetje was within her rights to in­ter­fere in coop Le­sotho’s af­fairs. they also ar­gue the Board’s ap­pli­ca­tion had the po­ten­tial of prej­u­dic­ing them since they had been served with “un­law­ful” let­ters of dis­missal.

the em­ploy­ees fur­ther say they “re­main with no al­ter­na­tive rem­edy in view of the hov­er­ing cir­cum­stances set out above, not un­less this Hon­ourable Court first de­ter­mines who is Le­fokotsa seeisa in the con­text of the de­ci­sions he pur­ports to make for and on be­half of Co-op Le­sotho, pend­ing the fi­nal de­ter­mi­na­tion of his ap­pli­ca­tion to have the com­mis­sioner of co­op­er­a­tives in­ter­dicted from ex­e­cut­ing her statu­tory func­tions with re­gard to the ad­min­is­tra­tion and man­age­ment of co­op­er­a­tive Le­sotho.”

Newspapers in English

Newspapers from Lesotho

© PressReader. All rights reserved.