Mo­sisili son’s dis­missal chal­lenge post­poned

Sunday Express - - NEWS -

THE High Court has post­poned to Wed­nes­day this week a case in which for­mer premier Pakalitha Mo­sisili’s son, Retha­bile Mo­sisili, is chal­leng­ing his re­moval from the in­flu­en­tial post of chief del­e­gate for the Le­sotho High­lands Wa­ter Com­mis­sion (LHWC).

High Court judge, Jus­tice Tšeliso Mon­aphathi, post­poned the case on Thurs­day cit­ing his en­gage­ment in an on­go­ing crim­i­nal case.

In the case, Mr Mo­sisili wants the High Court to or­der his re­in­state­ment as Le­sotho’s LHWC chief del­e­gate – a po­si­tion he had oc­cu­pied for about three months. He also ar­gues that the govern­ment re­called him with­out even af­ford­ing him a hear­ing.

The prin­ci­pal sec­re­tary in the Min­istry of Wa­ter, the High­lands Wa­ter Com­mis­sion, Pub­lic Ser­vice Com­mis­sion and the at­tor­ney-gen­eral are cited as first to fourth re­spon­dents re­spec­tively.

Mr Mo­sisili, who was con­tro­ver­sially ap­pointed to the post in April this year, was sent back to his pre­vi­ous po­si­tion as deputy prin­ci­pal sec­re­tary (PS) in the Wa­ter Af­fairs min­istry.

In a 24 July 2017 let­ter re­call- ing Mr Mo­sisili from the in­flu­en­tial post, the govern­ment stated that his ap­point­ment had not been ap­proved by the Pub­lic Ser­vice Com­mis­sion and was thus null and void.

Part of the let­ter reads: “Please be in­formed that de­spite sev­eral at­tempts to get your sec­ond­ment ap­proved, the Pub­lic ser­vice Com­mis­sion (PSC) has still not ap­proved it.

“The govern­ment has there­fore found it fit­ting to re­call you back from Le­sotho High­lands Wa­ter Com­mis­sion; and you are to re­vert to your sub­stan­tive po­si­tion of the Deputy Prin­ci­pal Sec­re­tary, in the Min­istry of Wa­ter, with ef­fect from 24th July 2017.”

The LHWC is the largest in­fra­struc­ture part­ner­ship be­tween the Le­sotho and South African gov­ern­ments, and con­sists of three del­e­gates from each of the two na­tions. The com­mis­sion is tasked with im­ple­ment­ing the Le­sotho High­lands Wa­ter Project (LHWP) — a mul­ti­phase ini­tia­tive com­pris­ing sev­eral dams and tun­nels in Le­sotho and South Africa.

The LHWC is ac­count­able to the two gov­ern­ments for the over- all im­ple­men­ta­tion of the LHWP. It ad­vises, mon­i­tors and has ap­proval pow­ers on ac­tiv­i­ties of the Le­sotho High­lands Devel­op­ment Author­ity and the op­er­a­tions and main­te­nance func­tion of the Trans-Cale­don Tun­nel Author­ity, the two au­thor­i­ties charged with the im­ple­men­ta­tion of the LHWP in Le­sotho and South Africa re­spec­tively.

It is cur­rently tasked with over­see­ing the es­ti­mated M26 bil­lion sec­ond phase of the LHWP aimed at al­le­vi­at­ing South Africa’s acute fresh wa­ter short­ages.

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