SADC foils Lesotho bid to muzzle Phumaphi
Mbongeni Mguni | Wednesday January 20, 2016 09:05
SADC tasked Phumaphi with a 60-day Commission of Enquiry into Maaparankoe Mahao’s murder, but the local judge’s efforts soon raised the ire of authorities in the kingdom who challenged the investigation’s scope.
No sooner had Phumaphi begun hearings into the matter, than Lesotho prime minister, Pakalitha Mosisili and his government complained to SADC that the judge was flaunting the Commission’s terms. Mosisili, seen as close to the army commander widely suspected in Mahao’s murder, also challenged the Commission’s validity.
However, yesterday, even as a High Court in Maseru heard the second day of the legal challenge against the Phumaphi Commission, SADC Heads of State in Gaborone seemingly sidestepped the bid by persuading Lesotho to receive the report. Mosisili had reportedly balked at the receiving the report, citing the ongoing court case.
The Heads of State have given Lesotho 14 days within which to provide feedback and publish the report. The deadline elapses on February 1, 2016. In Maseru, the Heads of State action brought a halt to the legal suit as the court adjourned to February 5, when it will hear and decide whether the case is now moot, given Lesotho's acceptance of the report. “The summit received a mission report from the SADC facilitator and reiterated that SADC enjoys immunity as per the SADC treaty and the SADC protocol on immunities and privileges.
“Any court decision taken against the Commission of Inquiry is of no legal effect and will not bind SADC and its institutions,” the Heads of State said. Lawyers for Phumaphi and Commission members had argued that the court had no jurisdiction over SADC commissions, while those for the applicant had argued that the Commission should be set aside entirely.
Members of the Lesotho Defence Force, killed Mahao in June 2015 during a post-election security crisis in that country, after allegations that he and a number of others were plotting a mutiny against the current military commander, Tlali Kamodi. SADC intervened at Lesotho’s behest and set up the Phumaphi Commission to probe both the murder and allegations of mutiny. Last October, Phumaphi was forced to wrap up his inquiry early, citing lack of cooperation from government officials and army officers.