Sesotho Media in dual identity storm

The legitimacy of Sesotho Media and Development (SM&D) is facing mounting questions after revelations that it has been operating under two separate legal identities, as both a trust and a society, a situation that could raise compliance and governance concerns.

While SM&D presents itself as a non-profit civil society organisation dedicated to using film and media to spark dialogue, challenge social attitudes, and promote human rights, documents seen by Newsday reveal the organisation is registered as both a trust and a society.

“Sesotho Media & Development registered under no 26188 in the deeds registry, Maseru under the Deed Registry Act 1967, on the 13th July 2000,” according to one of its constitutions.

Under section 3, titled Trusteeship, the constitution states that “only such persons may become trustees who belong to the society and subscribe to the aims and objects.”

“All the affairs and business of the society shall be managed and controlled by trustees, who shall have full powers to carry out objects of the society as hencebefore provided and who shall also hold the society’s funds for the application of income and/or capital thereof for the promotion of the society’s business, provided that every act or decision of the trustees shall accord with aims and objects of the society,” the constitution read.

“On dissolution of this society, all the assets and funds remaining after the payment of the creditors of the society will be distributed to the other societies upon the recommendation of the trustees,” it added.

Sesotho Media & Development “registered under No. 2021/269 in the Societies Register, Maseru, under the Societies Act 1966, on the 28th June 2021,” according to another constitution.

“Membership and employment in the organisation will be open to patriotic female or male persons of any sexual orientation from any background,” it added.

While the Deeds Registry Act 1967 governs the registration of trusts and related entities, the Societies Act 1966 applies to membership-based associations.

Operating under both at once could potentially enable selective compliance with obligations under each law.

Multiple sources familiar with SM&D’s operations told Newsday the dual registration is not a simple administrative overlap but a deliberate strategy to navigate different funding and governance requirements when applying for grants.

The timing of the second registration is notable. On 28 April 2021, just two months before SM&D was registered under the Societies Act, the delegation of the European Union (EU) to Lesotho had announced that: “Sesotho Media has partnered with She-Hive Association to implement an action that seeks to address the violation of human rights by members of the Lesotho Mounted Police Service (LMPS).

The objective of the €750,000 (about M15 million) project, according to the EU, was to create platforms for meaningful joint consultations linking the public, police and civil society organisations in identifying and documenting human rights abuse challenges involving the LMPS.

The EU said the intervention would create safe spaces or platforms for joint consultative discussions aimed at unmuting or breaking the silence around the violation of Human Rights by LMPS.

“Bearing in mind that the action aims at strengthening greater involvement of local CSOs and the public in Security Sector Reforms, this intervention will build inclusive conflict resolution mechanisms and capacity of various stakeholders, notably the public, including marginalised groups, CSOs and LMPS, to jointly address violations of Human Rights,” the EU said.

In September 2021, the project was launched, and the local media reported that it was awarded under the 11th European Development Fund (EDF) with a contribution to the tune of €750 000 (about M15 million), signed on February 16, 2021.

The four-year initiative, signed in February 2021 and launched in September that year, was set to run from 2021 to 2025 across six of Lesotho’s ten districts.

When approached for comment, SM&D’s Executive Director, ‘Mamolefe Petlane, said: “The organisation is currently transitioning from a trust to a society, with amendments underway. We anticipate convening the AGM by the end of the year. Until then, Sesotho Media remains a registered non-profit trust. This is to ensure that all legal and governance requirements under the new constitution are complied with.”

Asked directly whether SM&D is currently registered as both a trust and a society, Petlane responded: “SM&D is a non-profit making organisation registered under the laws of Lesotho.”

On its website, Sesotho Media & Development states that it was established in 1999 by the esteemed international filmmaker Mr. Don Edkins, and has been predominantly supported by Bread for the World (BftW).

The website also states that throughout its  24-year history, SM&D has evolved beyond its initial core focus on addressing HIV/AIDS-related challenges.

“It has broadened its scope to encompass a comprehensive array of critical issues, including but not limited to gender equality, child marriages, human trafficking, sexual and reproductive health rights (SRHR), child labor, gender-based violence, climate change, digitalization, human rights, economic and social justice, and sustainable development.”

Staff Reporter

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