The Lesotho Mounted Police Service (LMPS) has confirmed that it has received directives from the Director of Public Prosecutions (DPP) regarding the investigation into the Director of Elections, Advocate Mpaiphele Maqutu.
LMPS spokesperson Senior Superintendent Mpiti Mopeli told Newsday that while police would act on the DPP’s instructions, the details would not be disclosed.
“They are not for public consumption. We don’t announce directives, we only announce the end result,” Mopeli said.
This development comes after Acting DPP Advocate Lehlanako Mofilikoane told Newsday last week that her office would communicate its decision to the police by Wednesday this week on whether Maqutu would face charges.
The case stems from allegations that Maqutu unlawfully procured paper bags worth M57,000 without following proper procurement procedures. The bags were distributed as tokens during the Electoral Commissions Forum of SADC countries (ECF-SADC) hosted by IEC Lesotho in March at Thaba Bosiu Cultural Village.
The high-profile event drew election officials from across the region, including South Africa, Mozambique, DR Congo, Tanzania, Namibia, Zimbabwe, Botswana, Malawi, Zambia, and Eswatini.
Although Mopeli declined to reveal the DPP’s directives, insiders told Newsday that prosecutors had agreed with the police on pursuing a fraud charge. They reportedly instructed investigators to gather further information on alleged illegal procurement, with IEC staff expected to be summoned for questioning on Tuesday next week.
Maqutu has been sharply critical of the ongoing probe, accusing the police of overreach and intimidation. In a May 27 letter to Police Commissioner Holomo Molibeli, he slammed the Commercial Crime Court Unit (CCCU) for what he described as “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.
Thoboloko Ntšonyane is a dedicated journalist who has contributed to various publications. He focuses on parliament, climate change, human rights, sexual and reproductive health rights (SRHR), health, business and court reports. His work inspires change, triggers dialogue and also promote transparency in a society.
