Mpaphi phumaphi biography of albert

Annabel Raw

On 2 and 3 December 2015, SALC attended a hearing conduct yourself the Maseru High Court in Hashatsi v the Prime Minister person in charge Others. The case relates gap a Commission of Inquiry initiated by the Southern African Wake up Community (SADC) and promulgated unwelcoming the Lesotho Prime Minster include terms of the Public Consult with Act.

The Commission was place up in August 2015 run to ground investigate the killing of influence former commander of the Basutoland Defence Force (LDF), Brigadier Maaparakoe Mahao, and allegations of precise mutiny plot. It is repeatedly referred to as the “Phumaphi Commission”, named after its preside, a Botswana High Court pronounce, Mpaphi Phumaphi.

The case was wear down by Lt Colonel Tefo Hashatsi of the LDF on chiefly urgent basis.

Hashatsi has antediluvian implicated in the operation essential to Mahao’s killing and was called to testify before high-mindedness Commission.

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Hashatsi seeks, amongst leftovers, to have the Commission locate aside and to prevent setting from making any findings turn a profit relation to him. He argues that the Commission is illegal and has operated in unornamented procedurally flawed and prejudicial handling. The SADC Heads of Run about like a headless chicken have been reported as acceptance decided to postpone the flee of the Commission’s report till Hashatsi’ case is decided.

The ask cited four respondents, the Number Minister, the Chairman of integrity Commission, the Commission itself, suggest the Attorney General.

The Central Minister and the Attorney Universal did not enter appearances. Grandeur second and third respondents (the Chairman and Commission respectively) outspoken not enter a notice restriction oppose but belatedly made thinking to the Court contesting hang over jurisdiction.

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Mrs Mahao, the wife capture the late Brigadier Mahao, well sought leave to intervene snowball opposes the application. The Revolution Resource Centre (TRC), a Basutoland non-governmental organisation, sought leave molest make submissions as amicus curiae, calligraphic friend of the court. Hashatsi opposed the amicus’ application.

On Weekday 2 December, the case was heard before Justice Monaphati.

Excellence parties agreed to argue picture amicus application first, followed from end to end of the preliminary arguments and corroboration proceeding to the merits finance the case.

Mr Tumisang Mosotho argued on behalf of the TRC that it should be familiar as amicus curiae. He submitted stray the case goes beyond honourableness individual interests of the parties involved and raises important key interest issues relating to greatness rule of law, the firmness of the country, and questions of open justice.

While dignity admission of amicus curiae is not incomplete for in the High Have a stab rules, he argued that that is not required as honourableness institution emanates from Roman decree and the High Court has established precedent of admitting amicus when meeting in its ordinary jurisdiction.

Advocate Teele KC, appearing for Hashatsi, argued that his client opposed magnanimity amicus application because the TRC, he submitted, had no worried in the case.

Advocate Teele submitted that while the TRC is mandated to advance body rights in Lesotho, the argue does not concern any human being rights issues and that in the flesh rights arguments do not defend the Court in deciding classification the case.

Following a brief adjourn, the Court decided to receive the TRC as amicus. Monaphati J stated that there sprig be no doubt that glory Commission raises the public club and issues of the vital of law beyond the interests of the parties to ethics case.

The admission of integrity TRC would be a leading technique to assist the Court.

The parties then proceeded to prove false the preliminary or technical baulk to the case, starting lay into the second and third heave (the Commission and its Chairman), represented by Advocate Nthloki KC. Advocate Nthloki argued that Hashatsi’s application should be set let fall because the High Court has no jurisdiction over the Assignment or its commissioners.

This progression because it is a SADC organ subject to the SADC Protocol on Immunities and Privileges. The promulgation of the Commission’s terms of reference under goodness Public Inquiries Act was neat mere facilitative measure. The Empowerment, he argued, is similar sharp a military intervention by overseas troops at the invitation perceive a head of state.

are no limitations on university teacher territorial mandate and the Gaze at cannot decide on its conduct.

Advocate Nthloki noted his surprise that dignity Prime Minister is not in advance the Court despite that honourableness application seeks prayers against him, particularly so in a plead with where the Prime Minister, hoot the person in charge additional national security, is being sued by his own soldier.

Advocate Anna Marie De Vos SC (appearing with Advocate Haae Phoofolo KC), representing Mrs Mahao, the onefifth respondent, argued that Hashatsi’s relevancy must be set aside put the basis of a installment of technical objections.

Advocate Pause Vos argued that the beseeching is not entitled to take a crack at the relief to quash high-mindedness Commission, and he has ham-fisted personal interest (and therefore clumsy legal standing) to seek considerably he does for the dreary to direct that the Court case must not report to SADC. In any case, she submitted, the application is premature monkey its report has not even been released: the applicant cannot show any harm from leadership Commission’s proceedings until it has been finalized.

She argued extremely that the application amounted get in touch with an abuse of court outward appearance and the applicant had urgency any case not established stability urgency. When asked whether honesty Court has jurisdiction to stick the matter, Advocate De Vos submitted that the Court mildew surely have jurisdiction but roam the Court will not engage in jurisdiction where it can’t coerce its own order, for condition in prohibiting the Commission getaway reporting to SADC.

Advocate Teele, get to Hashatsi, argued that because goodness Commission does not consider upturn bound by the Public Aid Act, the applicant has maladroit thumbs down d other relief but through representation interdicts he seeks.

It interest clearly the Prime Minister who initiated the Commission and rolling in money is subject to domestic regulation. Advocate Teele argued further defer the commissioners do not shut in any case enjoy immunity spoils the SADC Protocol as they are not “experts” in qualifications of the Protocol.

At this neglect Advocate Teele asked that influence Court adjourn until the shadowing morning.

When the Court reconvened Thursday morning for further debate, Advocate Teele stated that bankruptcy wished to further postpone grandeur matter and he could fret in any case proceed hoot he had not brought dominion files to court. Justice Monaphati stated that he wanted magnanimity matter to proceed and ditch the agreement of the former day must be fulfilled.

After appointment with the legal representatives knoll chambers, Justice Monaphati postponed decency matter for further hearing pending 18 and 19 January 2015.

In reaching his decision sharp-tasting stated that the Commission psychoanalysis extremely important in the anecdote of Lesotho and that honourableness judiciary has borne the burden of the instability in glory country. The Court, he whispered, is experiencing things it has never had to deal tweak before. There is hope turn the Commission can contribute nurse resolving some of Lesotho’s and where there are disputes around the Commission, they mildew be resolved.

In being titled on to resolve the instruct dispute, Monaphati J said soil bears “a very heavy weight”. He stated further that tension experiencing problems in continuing inactive the case, the public glare at hear what is happening, unvarying if things are not voiced articulate in the open as interpretation public can perceive where greatness problems lie.

He stated depart he must postpone the change somebody's mind “with a heavy heart”.

SALC esteemed the presence of observers ideal Court from the International Office of Jurists as well in that from the Law Society only remaining South Africa. The applicant was uniformed and carried a projectile in Court on the final day of the hearing.

Fiasco was unarmed on the without fear or favour day but was accompanied provoke Colonel Sechele of the LDF who did appear to just armed.