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Army Sergeant claims Mahao’s nephews did not witness his fatal shooting

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Lekhetho Makhanya
Lekhetho Makhanya
I am a journalist based in Maseru, Lesotho, renowned for investigative reporting. Over the years, my work has been published both locally and internationally, including in South Africa through the Amabhungane Centre for Investigative Journalism and the Daily Maverick, among other publications. In Lesotho, I have served as a senior reporter for several leading weekly newspapers, including the Lesotho Times, Public Eye, and Sunday Express. My reporting has focused on uncovering issues of public interest, promoting accountability, and giving voice to underreported stories. In 2016, I co-founded the MNN Centre for Investigative Journalism in Maseru, an initiative dedicated to strengthening investigative journalism and fostering a culture of transparency and public-interest reporting in Lesotho.

The Lesotho Defence Force’s Sergeant Lekhooa Moepi has disputed the testimony of slain army commander Lieutenant-General Maaparankoe Mahao’s nephews, Leuta and Mabilikoe Mahao, who testified before the High Court last year that they witnessed their uncle’s face being scraped and dragged along the tarred road by irate soldiers after he was brutally shot on June 25, 2015.

Lieutenant-General Mahao was killed on June 25, 2015, by members of the army who claimed he was resisting arrest. He was travelling with his two nephews to his home village in Mokema when soldiers ambushed them.

But Sgt Moepi told the High Court on Wednesday this week that “the two boys (Leuta and Mabilikoe) did not witness anything because they fled the scene before Brigadier Mahao was even shot.”

He added: “They fled the scene when they heard the first gunshot. They opened the passenger door and ran away in the direction of the fields, and that was before Mahao was shot.”

Sgt Moepi is one of nine LDF members accused of the murder of Lt-Gen Mahao. He is accused alongside the erstwhile LDF commander, Lt-Gen Tlali Kamoli.

The other accused soldiers in the trial are Captains Litekanyo Nyakane and Haleo Makara, Sergeant Motsamai Fako, as well as Corporals Marasi ‘Moleli, Motsoane Machai, Mohlalefi Seitlheko and Tsitso Ramoholi.

Lt-Gen Mahao was promoted to the rank of Lieutenant-General on August 29, 2014, and appointed Commander of the LDF by then Prime Minister Motsoahae Thomas Thabane. His appointment was approved by King Letsie III. He was supposed to replace Lt-Gen Tlali Kamoli as the LDF Commander. However, Kamoli refused to vacate office after he was dismissed by the prime minister for insubordination.

Kamoli had since protested Mahao’s promotion from brigadier to lieutenant general, hence subordinate soldiers still addressed Mahao as brigadier.

Sgt Moepi contested that Leuta and Mabilikoe were not fit to claim that they witnessed their uncle’s fatal shooting, as they had fled the scene before Mahao was even shot.

Led by defence lawyer Attorney Qhalehang Letsika, Moepi further dismissed claims that Mahao was ever scraped and dragged on his face on a tarred road.

In particular, Attorney Letsika referred to the testimony of Marethabile Molibeli, who also testified as a crown witness and said she witnessed Lt-Gen Mahao being dragged on his face by soldiers on the tarred road.

But Sgt Moepi dismissed Molibeli’s testimony as that of “an old lady who lied before the court.”

“No such thing occurred at the scene,” Moepi firmly said.

When he took the stand in July last year, Leuta had also said that he and his cousin, Mabilikoe, witnessed Lt-Gen Mahao’s body “hanged from the passenger seat with his legs still inside the vehicle. A soldier dragged him out by the belt, scraping his face along the tarred road as another soldier joined in, and together they hauled him to one of the military vehicles.”

Moepi narrated how, on the fateful day, he had arrived at his office at the Military Intelligence (MI) unit for his usual duties.

He said Captain Tefo Hashatsi arrived at the MI office at around 9:00 am. “He informed us that ‘this was the day that Brigadier Mahao was going to be arrested’.”

He said Hashatsi left after a while but came back to set up four teams he said were going to assist him to effect the arrest of Mahao.

Captain Hashatsi was the team leader vested with the responsibility to arrest Mahao, Moepi said.

“Captain Hashatsi informed us that he had been ordered by the commander to effect the arrest of Lt-Gen Mahao.”

At that time, Moepi explained, Major General Khoantle Motšomotšo was the acting army commander, standing in for Lt-Gen Kamoli, who was on leave of absence.

He stated that the four teams Hashatsi set up to effect the arrest of Mahao comprised: “first team was made up of Captain Hashatsi himself, Captain Nyakane was the driver for the team, and Private Ramoholi”.

He added that the second team comprised Sergeant Makara, Lance Corporal Seitlheko and Private Machai. Sgt Moepi himself was in the third team with Corporal Fako. The fourth team, Moepi said, was made up of Corporal ‘Moleli and Private Halahala.

The Southern African Development Community (SADC) Commission of Inquiry, chaired by Botswana Judge Mpaphi Phumaphi, was established in July 2015 to investigate the circumstances surrounding Mahao’s death.

When the Commission’s report was made public in February 2016, its findings painted a starkly different picture from the LDF’s official account. The Commission concluded that, on a balance of probabilities, Mahao did not resist arrest and that the degree of force used was excessive and not commensurate with any danger he may have posed.

The Commission found no evidence to support the LDF’s claim that he fired on soldiers when they attempted to apprehend him. Even if Mahao had pointed a pistol, the Commission determined that the force used was disproportionate, particularly after the first shot immobilised his right arm, rendering additional shots unnecessary.

The Commission also found that soldiers charged with mutiny had been subjected to torture and that the charges were likely fabricated to punish those perceived loyal to Mahao.

It concluded he was deliberately killed and recommended vigorous criminal investigations into his death.

The report found that Lieutenant-General Kamoli’s reappointment had perpetuated divisions within the LDF and that the LDF had hindered police investigations by refusing to surrender physical evidence, including weapons and vehicles used in the operation.

The Commission recommended that Kamoli be relieved of his duties as LDF Commander and that all officers implicated in cases of murder be suspended while investigations proceeded. Kamoli eventually retired in December 2016.

Summary

  • The Lesotho Defence Force’s Sergeant Lekhooa Moepi has disputed the testimony of slain army commander Lieutenant-General Maaparankoe Mahao’s nephews, Leuta and Mabilikoe Mahao, who testified before the High Court last year that they witnessed their uncle’s face being scraped and dragged along the tarred road by irate soldiers after he was brutally shot on June 25, 2015.
  • Attorney Letsika referred to the testimony of Marethabile Molibeli, who also testified as a crown witness and said she witnessed Lt-Gen Mahao being dragged on his face by soldiers on the tarred road.
  • When he took the stand in July last year, Leuta had also said that he and his cousin, Mabilikoe, witnessed Lt-Gen Mahao’s body “hanged from the passenger seat with his legs still inside the vehicle.
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