MASERU- In the High Court of Lesotho, some of the villagers from Liphakoeng in Leribe district through their lawyer Advocate Zwelakhe Mda KC had written to the Attorney General, Commander Lesotho Defense Force (LDF) and Minister of Defense and National Security claiming damages for torture, unlawful arrest and imprisonment.
Tsekiso Ntlhare, Bokang Kobile, Malefane Nkobolo, Nthokho Leboka, Napo Makhasene, Mokotjo Mohaila, Ayanda Tyeba, Xolani Somtsewu, ‘Mako Mpiti and Mohlalefi Mahasele through Adv. Mda KC demand from the mentioned parties jointly and severally, payment of the sum of M2,500,000.00 in respect of each one of them the total sum of which is M25,500,000.00, as damages arising from torture, unlawful arrest and imprisonment of the mentioned persons by the members of LDF on or about the 25th and 26th April 2024.
The claimants indicated that on the 25th Aril 2024 morning, there arrived several members of LDF in the village of Peka Liphakoeng under ChieftainessMathealira. They ordered claimants and other village folk to gather at an open space in front of businesspremises and residence of one Tšepiso Radebe.
Applicants states the soldiers separated the gathered members of the community into groups according to their gender and age. They said they were constituted into a separate group as employees of Radebe and escorted into premises of the latter. Where they were ordered to produce firearms which they knew nothing about.
Furthermore, claimants were forced to lie down on rough surface and roll while being belabored with stickson their buttocks, thighs and legs.
Mohlalefi Mahasele, Bokang Kobile and Napo Makhasane were then escorted into the donga where another village male folk were made to gather. They were made to roll on the rough surface while being assaulted with sticks, forced to do push-ups and frog-jump exercises. They were also to run considerable distances back and forth, among other things. Other male and female village folk were subjected to similar cruel and inhuman treatment as claimants by the said soldiers.
Whereas Mohaila Mokotjo who said to be deceased because of the torture, Leboka Nthokho and another male person were taken to the military base at Mokotakoti where they were detained overnight. That evening they were subjected to further cruel and inhuman treatment. On the 26th April 2024, they were handed over to the police at Maputsoe Police Station, and on the very same day they were released from thepolice custody and were able to access medicalattention.
The plaintiffs indicate that by the reason off the said torture meted out to them, which may qualify as crime against humanity in terms of Lesotho Penal Code Act, 2010, they experienced and sustained shock, serious body injuries and excruciating pain. In addition, claimants were greatly injured in their human dignity. Therefore, each of them suffered damages in the sum of M2,500,000.00.
Moreover, claimants contend that at all material time’smembers of LDF were acting in their official capacity as LDF and acting in the course of their employment as such. Consequently, the government of Lesotho is liable for their delictual conduct.
