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PAC turns up the voltage as LEC runs to court

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The Public Accounts Committee (PAC) of Parliament has vowed to uphold transparency and accountability, affirming it will proceed to summon the Lesotho Electricity Company (LEC) despite the utility’s desperate attempt to block the committee’s probe through court action.

This comes after LEC filed an urgent High Court application seeking to interdict the PAC from interrogating its management over alleged mismanagement and fraud, a move widely seen as an attempt to derail parliamentary oversight.

In the court papers filed this week, LEC, 100 percent government-owned and responsible for procuring and distributing electricity, argues that the PAC is acting ultra vires, or beyond its legal authority.

The applicants in the case are the LEC and its board, while the respondents include the Speaker of the National Assembly, the Clerk of the National Assembly, PAC, the Minister of Parliamentary Affairs, and the Attorney General.

Responding to this legal manoeuvre, PAC Chairperson ‘Machabana Lemphane-Letsie, came out swinging during a press briefing yesterday.

“The PAC of the National Assembly of Lesotho firmly reiterates its constitutional mandate to promote transparency, accountability, and sound financial governance. As a standing session committee, the PAC scrutinises reports by the Auditor-General and investigates the management of public funds across ministries, departments, and state-owned enterprises,” Lemphane-Letsie said.

“The Committee notes with concern the recent court application by the LEC, aimed at preventing the PAC from carrying out its statutory oversight duties. This action undermines the rule of law, disrupts parliamentary processes, and challenges the constitutional principle of separation of powers,” Lemphane-Letsie she added.

She said when public institutions resort to judicial intervention to avoid scrutiny, its sets a dangerous precedent, one that weakens transparency and erodes trust. She indicated that the three arms of government must operate within their distinct roles, not as instruments to bypass accountability, but as complementary forces that uphold democratic governance and the public interest.

“Despite this attempt to derail its work, the PAC remains undeterred. The committee is bound by law to act without fear or favour in protecting the public’s interest,” she said.

“It will proceed to summon LEC to account for its use of public resources and will exercise its legal authority to compel attendance and the submission of relevant documentation,” she added.

She vowed that no institution or individual will be permitted to operate beyond the reach of the law or evade parliamentary oversight.

In a letter dated 30 May 2025, LEC board chairperson Thabo Khasipe wrote to the Speaker of the National Assembly, pleading for intervention in how the PAC conducts its hearings. He complained that LEC officials were being ambushed with unanticipated questions and denied a fair opportunity to respond.

“…we wish to bring to your attention the manner in which the PAC proceedings have been conducted. In the Board’s considered opinion. The interactions have frequently been accusatory, judgmental and fundamentally unfair. Our members were ambushed with questions which were not foreshadowed in summons which the law dictates must be a prerequisite prior to participation in the proceedings of the Committee,” read the letter.

This is not the first time a public institution has tried to dodge the PAC. The Ministry of Public Works and Transport previously attempted to interdict the committee from investigating the allegedly scandal-ridden tender process for the Moshoeshoe I International Airport rehabilitation project.

But Section 117(4) of the Constitution mandates that Parliament must review reports from the Auditor-General. These reports, tabled by the Minister of Finance, are essential for holding public entities accountable.

Lemphane-Letsie confirmed that summons for LEC’s management and board will be issued despite the pending court application.

“Let’s be clear: LEC has only filed for an interdict. The court has not yet granted it. Until then, we are proceeding with our mandate,” she said.

The High Court is expected to hear arguments on the urgency of LEC’s application on Monday.

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