The fate of Advocate Mpaiphele Maqutu, Director of Elections at the Independent Electoral Commission (IEC), will be revealed next week as authorities decide whether to take legal action against him.
Maqutu has meanwhile formally demanded urgent intervention from the Commissioner of Police, Borotho Matsoso, over the ongoing investigation into allegations against him.
Acting Director of Public Prosecutions (DPP) Advocate Lehlanako Mofilikoane told this publication this week that her office will communicate its decision to police next Wednesday, confirming whether Maqutu will face charges.
The case has been under scrutiny since June, when police forwarded the docket to the DPP.
The allegations concern Maqutu’s alleged procurement of paper bags worth M57,000 without following proper procurement regulations. The bags, intended as tokens of appreciation for officials attending the Electoral Commissions Forum of SADC countries (ECF-SADC) from March 24–28 at Thaba Bosiu Cultural Village, were distributed during a high-profile regional meeting hosted by IEC Lesotho.
Participating countries included South Africa, Mozambique, DR Congo, Tanzania, Namibia, Zimbabwe, Botswana, Malawi, Zambia, and Eswatini.
In a letter to Commissioner Matsoso on May 27 this year, Maqutu sharply criticised the Commercial Crime Court Unit (CCCU) of the Lesotho Mounted Police Service (LMPS) for what he called “prolonged and disruptive” investigations.
“By notice of this letter, the Office of the Commissioner of Police is herein requested to address a matter which has escalated to a point of raising operational concerns in the administration of the IEC in its discharge of duties in a manner that is free from favour and prejudice,” Maqutu said.
“The management of the Commission under the Director of Elections is extremely concerned by the conduct of the LMPS, CCCU, which purports to be investigating the procurement of paper bags valued at around M57,000. It has been close to two months that IEC staff are called for weekly interviews with no end in sight,” he added.
Maqutu also invoked Section 66(c) of the Constitution, which states: “The Electoral Commission shall not in the performance of its functions be subject to the direction or control of any person or authority.”
While insisting that the IEC has no intentions of interfering with ongoing investigations, he said the conduct of the CCCU was causing huge disruptions to the IEC’s daily operations “and can now be interpreted as a means of instilling fear and intimidation on the employees and management of the Commission, which in turn can have a bearing on the independence of the IEC to discharge its mandate freely.”
Maqutu said what was surprising was that during the 2023 Local Government Elections, in Kueneng in the Berea district, a ballot box went missing under the watch and care of, among others, the LMPS, but no evidence of any investigation equating to the ‘paper bag’ investigation had taken place.
“Additionally, in Kubake, the polling kit was taken from the polling station to the home of a candidate by police officers contrary to the rules of engagement in the conduct of elections, but no report/investigation of any kind on the said matter has been made,” he said.
“I trust that your office will look into this matter, and urge the CCU to conclude its investigation so as to take up the issue of the missing ballot box, among others.”
Summary
- “By notice of this letter, the Office of the Commissioner of Police is herein requested to address a matter which has escalated to a point of raising operational concerns in the administration of the IEC in its discharge of duties in a manner that is free from favour and prejudice,” Maqutu said.
- While insisting that the IEC has no intentions of interfering with ongoing investigations, he said the conduct of the CCCU was causing huge disruptions to the IEC’s daily operations “and can now be interpreted as a means of instilling fear and intimidation on the employees and management of the Commission, which in turn can have a bearing on the independence of the IEC to discharge its mandate freely.
- “Additionally, in Kubake, the polling kit was taken from the polling station to the home of a candidate by police officers contrary to the rules of engagement in the conduct of elections, but no report/investigation of any kind on the said matter has been made,” he said.
