MASERU- In the High Court of Lesotho, about eight leaders of the so-called Blanket Gang have filed an application against the Commissioner of Police, Commander of Lesotho Defense Force (LDF) and Attorney General.
One of the applicants, Molisana Sekola in his affidavitstates that on the 25th of April 2024 morning, several members of LDF arrived at Peka Liphakoeng in the district of Leribe, at one Radebe’s place. He indicated that the soldiers were accompanied by the members of Lesotho Mounted Police Services.
“The soldiers gathered village folks at an open apace in front of Radebe’s business premises and residence. They separated members of the community into groups according to age and gender. Soldiers forced gathered people to lie down on the rough surface and roll while being belabored with sticks on their buttocks, thighs and legs,” said Sekola in his court papers.
Additionally, he showed that one Mohaila Mokotjo is deceased because of the torture and is advised by his Counsel of record and believe the same to be true that, no one should be tortured not even by the security agencies.
Furthermore, Sekola states that, “Mahlape Mohlouoa informed me, and I believe her story that female folks were forced to ululate as their male folk were brutalized and tortured by the soldiers. Moreover, they were forced to sing mourning songs and dirges for the dead.”
Moving on, Sekola said indeed, soon after torture of villagers of Peka Liphakoeng the police issued a notice informing the public that he was wanted in connection to murder case and his picture was placed at Maseru border. He stated that soldiers have been arresting members of the community and torturing them.
“On the 7th July 2024 they arrested and tortured one Thapelo Mpiti and Kabelo Lefosa and released them without any charge. They told us that the soldiers had one Liteboho Mahloane who could not walk nor speak. I was informed by Thapelo and Kabelo that, LDF members team who arrested them read from their list names of the present applicants and other people whom they said are wanted by them. They asked them about our whereabouts and told them that they will arrest us and do the same,” Sekola stated in his founding affidavit.
He said, “I must mention that I was not at my village on the fateful day, but I and other applicants hold a firm believe that we would have featured as dead like Mohaila Mokotjo, had we been present on the fateful day. I must indicate that fellow villagers have since issued statutory notices demanding damages for savage brutality suffered at the hands of soldiers.”
Sekola said the inference he draws from the letters and information he obtained from victims of violent crimes by the soldiers is that they are the most wanted and going to be subjected to torture and inhumane treatment.
Moreover, “Early this month of July 2024, members of LDF arrived at my place in a violent manner threatening my wife and children. they climbed and jumped over a wall and fiercely took my wife and children’s phones, while they searched the house leaving everything upside down. I am advised and verily believe same to be true that, members of LDF have no arresting powers against members of civilian community,” said Sekola through his court papers.
He added that on the 4th July 2024, members of LDF arrested one Liteboho Mahloane whose whereabouts were unknown until a habeas application in CIV/APN/0178/2024 was filed against Commander of Lesotho Defense Force. He said, “I found out from him that he has, from the 4th July 2024 until the 9th been subjected to torture and both his two legs and arm broken by members of LDF who thereafter took him to Makoanyane.
He further told me that while they tortured him, they said he should incriminate us (applicants) and admit he was sent to Lesotho by us to commit murders as he is closest to us.”
Furthermore, Sekola emphasized that he is ready and willing to report himself at Police station, but he is apprehensive that the police and soldiers’ officers may subject him to torture. “From the aforesaid acts of soldiers, I am apprehensive that I may soon feature as the deceased like scores of suspects who have died in police custody unless I am afforded protection by the court,” said Sekola.
He indicated that the court is approached to exercise its power of high constitutional importance to afford himprotection, as he is in fear that he might be killed by the state if he was arrested without the protection of the Honorable court. “Otherwise, I am ready to report to the police if there is any offence I am suspected of and to undergo criminal justice system,” Sekola said in his affidavit.
In addition, he said, “I am approaching this Honorable Court on urgent basis for reasons being that I repeat that I am willing to report myself at relevant Police Station after the intervention of this Honorable Court, as I know I am innocent and have nothing to hide. If I am to be subjected to further interrogation, I wish to exercise my constitutional right of being questioned in the presence of any one of my lawyers, namely Advocate Lesaane and N. Mafaesa.”
Sekola showed that he cannot be afforded substantial remedy in a hearing in due course, if the periods prescribed by the rules were followed, in as much as itmay take a very long time (several months) before this matter can be finally determined, yet time is of essence in the resolution of the threat facing my life.
He said, “I respectfully submit that I have no further remedy than to approach this Honorable Court in the manner I have done. I have established prima facie right for the relief sought, and the balance f convenience is in my favor. In the premises set forth I humbly pray that this Honorable Court maybe pleased to grant me the relief prayed for as clearly indicated in my notice of motion.”
Sarele Sello, as another applicant said he has read and caused to be read to him and understood the founding affidavit of Molisana Sekola and he confirms the contents of his affidavit and align himself with them as far as they relate to him.
“I Sarele Sello hereby declare under oath truly affirm that to my knowledge and belief the aforegoing statements are true, complete and correct,” said Sello in his supporting affidavit.
