Maseru
The Lesotho Defence Force (LDF) is under scrutiny once again following allegations of brutality against civilians during their search and seize operations targeting famo gang violence hotspots.
Just last week, an incident occurred at Lekhalong, Ha-Qamo in the Leribe district, where a 38-year-old man named Liteboho Mahloane was reported to have been brutalised by the army on Thursday, July 4 in suspicion of possessing an illegal firearm during an operation.
It is belived that, Ha-Qamo is one of the villages within the vicinity of Liphakoeng, a village where the mass killings of six people, including five from one family, in an alleged famo revenge killings that happened almost two months ago.
After failing to establish the firearm from the suspect, it has been believed that, he was detained without any legal provisions while his family was left in tailspin because they were not precisely informed of where they are taking him.
Since then, Mahloane’s family had not been formally updated about his whereabouts which led to his wife taking matters into her own hands seeking the court’s intervention for his release.
Maleseli recounted the ordeal to the Weekly Observer, describing how soldiers arrived at their homestead at 3 am, fired shots into the air, forcibly and maliciously entered their house.
They searched for the firearm while harassing everyone they noticed including Mahloane, causing injuries to his arm and leg. The soldiers then took Mahloane away, and his family had no further contact with him.
“They turned the whole house looking for the gun but they never found it. They beat my husband to a pulp and he was even heard crying that they broke his arm and leg, they however, rubbed off his blood and placed him in one of the vans they were traveling with and that was the last time my family and I saw him,” she said.
Upon learning that her husband was detained at Makoanyane Military Hospital, Maleseli sought to visit him but was denied access. She then filed an application in the High Court demanding his immediate release. Represented by Advocate Napo Mafaesa, she requested that the LDF produce Mahloane court, either dead or alive, as per the habeas corpus principle.
The case was heard yesterday in the morning hours where Adv. Mafaesa argued to the High Court that while there were no legal provisions for the detainee to be in the army’s custody, Mahloane should be brought before the court so that his physical condition can be observed.
She argued that while reports indicated that her partner was indisposed, the LDF should provide reasons on why her husband is now sick after last seeing him on July 4, 2024 still in good health.
“Nobody came under oath to explain the nature that a person who was arrested from his place is in the hospital. There ought to be an explanation of some sort coming from the authorities,” Mafaesa argued.
While the applicant’s managed to establish that Mahloane is hospitalised at the Makoanyane district Hospital, the biggest question is to know why is the detainee in poor health, Mafaesa stressed.
He further argued that, according to section six of the Internal Security Act, which states that, a detained persons without legal conviction ought to be released within 48 hours. “We submit that the conduct of this case and the army in particular is outside the law and the attitude of the court must reflect that.”
The LDF, represented by Adv Phatela Thomas Thakalekoala, the LDF told the court they were unable to procure the body of the detained Mahloane because he is terribly ill and is under medical attention at Makoanyane.
He also assured the court that they were willing to release Mahloane to his family’s care.
“This was our proposal regarding that we know where he is now , and we know that he is receiving medical treatment so since the application was brought in terms of section 22 of one of the constitution by Mrs Mahloane, seeking assistance from this court that his body be produced before the court so I ensure that we know where he is now.”
He cited that Mahloane’s arrest was done under the confines of the law precisely the Internal Security Act which suggest that a person should not be detained for not more than 14 days.
After both sides presented their arguments, Justice ‘Malebona Khabo a High Court presiding over the case ruled in favor of Mahloane’s immediate release, allowing his family to decide on further medical treatment.
Moreover, the court did not impose any costs on the respondents. “Liteboho Mahloane should be released and the respondents not opposing the application has no order as to the costs,” Justice Khabo ruled.
