The High Court has dismissed an urgent application by the Lesotho Electricity Company (LEC) board to halt the Public Accounts Committee (PAC) inquiry into alleged mismanagement, questionable remuneration practices, suspensions, and governance issues at the utility.
The LEC board accused the PAC of exceeding its mandate.
Chief Justice Sakoane Sakoane ruled on Monday that the case lacked urgency and struck it from the urgent roll. LEC’s legal representative, Attorney Monaheng Rasekoai confirmed the case will now follow the ordinary court roll, joining the queue behind earlier-filed matters.
In their court papers, the LEC board argued that the PAC issued directives conflicting with existing board decisions, constituting an overreach. Chief Justice Sakoane questioned why LEC’s acting Corporate Secretary, Dr. Phoka Matete, a lawyer who appeared before the PAC, failed to promptly challenge perceived irregularities. He noted that LEC delayed raising concerns for over a month, undermining the claim of urgency.
Advocate Thomas Thakalekoala, representing the respondents, argued the urgency was self-created and that the application violated Rule 72. The respondents included the Speaker and Clerk of the National Assembly, PAC, Minister of Parliamentary Affairs, and Attorney General.
The LEC board sought to prevent its members and staff from appearing before the PAC, which has been probing allegations of corruption and mismanagement. The current Executive Committee (ExCo) is acting as the substantive ExCo is suspended. The PAC questioned the acting ExCo’s salaries, which reportedly exceed the 2022 policy for acting personnel, allowing only a 10 percent commission.
Former Board Chairperson Ntsie Mahaphe, now acting Managing Director (MD), receives M170,000 monthly, equivalent to the substantive MD’s salary, with most perks except housing allowances. The PAC criticised his appointment from outside LEC, bypassing internal structures.
The Auditor General’s recent disclaimer opinion on LEC’s financial records, the worst possible audit outcome, indicated discrepancies between reported and actual financial states.
The LEC board’s application sought a court order to declare the PAC’s actions unconstitutional between March and June 2024 and to interdict further summonses under Standing Order 108 (2002) of the National Assembly and Section 9 of the Parliamentary Powers and Privileges Act, pending a final ruling.
Chief Justice Sakoane pressed Attorney Rasekoai to justify the urgency, asking what rights were irreparably harmed. Rasekoai argued the PAC overstepped by questioning board remuneration and operational decisions. The Chief Justice countered, “This court cannot direct parliament on its business. The PAC is the master of its procedures.”
LEC Board Chairperson Thabo Khasipe, in an affidavit, criticised the PAC’s approach as accusatory and unfair, denying board members a chance to respond adequately. He stated, “Interactions have been frequently judgmental, with lengthy pronouncements based on preconceived conclusions. Board members are interrupted seconds into responding to complex questions laden with inaccuracies and accusations.” Khasipe argued this damaged the professional reputations of LEC staff.
Dr. Matete objected to Basotho National Party (BNP) Machesetsa Mofomobe, a non-PAC MP, allegedly issuing unlawful instructions to summon the board and suspended members. While Mofomobe serves on the Portfolio Committee on the Prime Minister’s Ministries, Standing Orders permit MPs to participate in other committees without voting rights.
Dr. Matete further criticised the PAC’s questioning of confidential board decisions, broadcast live, exposing privileged deliberations, and causing reputational harm. PAC Chairperson Machabane Lemphane-Letsie defended the committee’s actions, asserting they operate within constitutional bounds. She confirmed summonses were issued to LEC for upcoming hearings.
It remains uncertain whether the LEC board and staff will appear before the PAC on Monday.
