Keiso Mohloboli
Molikuoa Phohleli, a 35-year-old taxi driver who was this week freed by compassionate citizens who crowdfunded and raised M10,000 to pay his fine after he was sentenced to five years in jail (or alternatively a M10,000 fine) for assaulting female police officer Selatile while on duty in May 2024, stands accused of kidnapping and sexually assaulting a minor, Newsday has learned.
This publication found that approximately five years ago, Phohleli allegedly kidnapped and sexually assaulted a then-14-year-old girl, who is now 19. The case remains pending in the Berea Magistrate Court.
On Monday, Magistrate LebusaTšosane sentenced Phohleli to five years in jail or a M10,000 fine for his recent assault on Constable Selatile.
News of the sentencing quickly spread on social media platforms, where some of Phohleli’s sympathisers criticised the sentence, citing what they claimed was questionable conduct by Selatile.
This sentiment sparked a social media campaign, led by a local media personality, which raised the M10,000 required to secure his release. Phohleli’s sister, ‘Mankhala, paid the fine upon which he was released after spending a night in jail.
This prompted a background check on Phohleli by this reporter, which revealed a history of alleged violence against women, based on the outstanding court case involving the minor.
The Rape Incident and Its Aftermath
The allegations against Phohleli underscore a grave abuse of power and trust, with a lasting impact on the alleged victim, who is 16 years his junior.
The incident, which remains unresolved in court, has devastated the young woman’s life, as she continues to await justice.
Speaking to Newsday, the victim’s guardian—whose identity is withheld to protect the victim—revealed that the young woman has faced severe educational setbacks since the incident.
Struggling to cope, she has repeatedly failed, switched schools, and repeated grades, with each effort ending in frustration and a loss of confidence.
“All she does is fail, repeat the class, change schools, and fail because she is not coping,” her guardian shared, emphasising the enduring psychological toll of the trauma.
This publication also found that when Phohleli was due to appear in court on these charges in May this year, his legal team requested a postponement, citing his recent arrest for the assault on Police Constable Selatile.
This ongoing delay has not only obstructed justice but has also deepened the victim’s suffering. The slow pace of the legal system has hindered her path to healing, prolonging her distress as the case languishes without resolution.
Eyewitness Accounts and Evidence
A friend of the victim, whose identity cannot be disclosed to protect the victim’s privacy, has revealed witnessing her teenage friend being forcibly taken by Phohleli in a 4+1 taxi.
The friend explained that they were sent by her grand mother to the shops at Koalabata, Molala-oa-pere when they encountered Phohleli, who offered them a lift.
The friend described the shock after accepting Phohleli’s offer, seeing her companion get into the car, and then before she knew it, the vehicle quickly sped off, taking the victim with it.
The friend immediately rushed home to inform her grandmother, who then reported the incident to the victim’s guardian.
Authorities close to the case, speaking on condition of anonymity as it remains before the court, said a passer-by, who was a police officer with the Lesotho Mounted Police Service (LMPS)’s Special Operations Unit (SOU), noticed the suspiciously parked 4+1 taxi near the Lesotho Defence Force’s (LDF) agricultural fields in Lema, Khubetsoana, Berea.
The officer approached the vehicle and found Phohleli allegedly in the act of sexually assaulting the minor, who was frantically crying out for help. This led to Phohleli’s immediate arrest.
Family Defence Amidst Allegations: A Sister’s Perspective on Phohleli
In the midst of the troubling accusations facing Phohleli, including kidnapping and sexual assault of a teenager, his family, particularly his sister ‘Mankhala, has stepped forward to offer a contrasting narrative about her brother’s character.
Following her brother’s release from jail, ‘Mankhala made a statement asserting that, despite his conviction for assaulting Police Constable Selatile, Phohleli is, at his core, a calm and gentle person who avoids conflict.
She emphasised that her brother has never been known to engage in arguments or verbal altercations, describing him as humble and incapable of hostility.
“Ha a na nxa le motho,” she said, which loosely translates to: “He cannot even swear at anyone,” underscoring her belief that Phohleli maintains exemplary personal conduct, regardless of the legal troubles that have tainted his reputation.
Mankhala’s comments stand in stark contrast to the accusations made by the victim and the eyewitness accounts that have surfaced during the investigation.
This divergence raises important questions about personal biases and how familial ties might shape perceptions of guilt and innocence.
Her statements, rooted in a desire to defend a loved one, reflect the complicated dynamic between familial loyalty and the recognition of the seriousness of the charges Phohleli faces.
It highlights the difficult balancing act of standing by someone while also confronting the gravity of the situation at hand.
Legal Proceedings and Human Rights Implications
Newsday has learned that Phohleli’s defence, when allegedly caught in the act by the police officer, was that he had consensual relations with the minor.
However, the victim has reportedly categorically denied any such relationship, and these contradictions have sparked further scrutiny regarding the investigation and prosecution of sexual violence cases in Lesotho.
The ongoing sexual assault case at Berea Magistrate Court reveals the difficulties many victims of sexual violence face in their pursuit of justice.
The conflicting narratives around Phohleli’s defence and the victim’s testimony underscore the complexities of such cases, highlighting the need for a more robust and efficient legal framework to protect minors and ensure swift, fair justice for sexual assault victims.
It is critical that the youth of Lesotho feel secure, not only in their communities but also in the institutions that are meant to safeguard them. This case serves as a reminder of the importance of strengthening legal protections for vulnerable individuals and ensuring that those who commit such crimes are held accountable.
