Africa-Press – Lesotho. The High Court has dismissed a recusal application of former Lesotho Communications Authority (LCA) Chief Executive Officer (CEO) ‘Mamarame Matela. LCA had petitioned the court seeking to order its former CEO to return the company’s property that is still in her possession. Those items were 12 inch iPad, a recording device, a Range Rover vehicle, an LCA uniform, office keys, the company’s credit card, a laptop, and the Authority’s board minutes.
Earlier LCA had sought a court order to raid and recover the Authority’s items that it said were still in her possession despite the expiration of her contract end of March. Last month when the case was about to be heard, Matela launched a recusal petition against Judge Tšeliso Mokoko to recuse himself from hearing her case between her and LCA, arguing that he would not bring an impartial mind owing to family and professional relationship.
Matela then said she had been in Judge’s residence at Ha-Matala and had attended her daughter’s birthday celebrations, the allegation that the Judge disputed, saying her daughters’ birthday parties were always held at Spur restaurant. She also said she had fined Vodacom Lesotho at the time when Justice Mokoko’s wife was working at that company fearing that penalty she imposed on that company resulted in the negligence of the Judge’s spouse, adding that when she came home “stressed” she would confide with her husband. Matela said her suspicion was that the presiding officer, would be biased against her. The petitioner further argued that the Judge had a peculiar interest in his spouse’s career growth within Vodacom.
She also said, when the Judge’s wife joined the Lesotho Revenue Services (LRA) their friendship took a downward turn wherein the former’s wife ceased all communication with the complainant. Delivering the ruling, Judge Mokoko dismissed Matela’s application, saying it is “without merit”.
This court holds that the applicant’s apprehension of bias on the part of this court has no merit. None of the remarks and conduct complained about giving rise to a reasonable apprehension of bias or its perception” he said. The court dismissed Matela’s application with costs. Meanwhile, LCA legal representative Attorney Qhalehang Letsika had prayed that the Matela should be ordered to pay costs on the “higher scale of Attorney and client”, a submission which the court declined saying “costs should not be a deterrent factor to access to justice where future litigants with genuine matters which deserve judicial alternations”.
The court further held: “In awarding costs at a higher scale the courts should therefore exercise greater vigilance. ” Justice Mokoko further noted that awarding costs at a higher scale of client-attorney could be done in “exceptional” circumstances. Contacted for comment on whether she will appeal the judgment, she said she is going to engage her lawyers for a piece of advice. Since her suspension in June 2021 for
allegedly awarding a multi-million tender without due process, Matela had been in a protracted legal battle with the LCA. The then Minister of Communications Science and Technology Hon. Keketso Sello had suspended her for allegedly awarding a tender of over M500 million to a South African company, Global Voices Group (GVG) for the supply of a Compliance Monitoring and Revenue Assurance system. She then petitioned the court to reverse this suspension and lost that case resulting in her appearing before a closed tribunal that was set to investigate her fitness to remain as LCA boss. Matela was representing herself, and LCA was represented by Attorney Qhalehang Letsika. The case for LCA and Matela has been stood down to July 12.
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