Africa-Press – Lesotho. PROFESSOR Nqosa Mahao says Justice Dikgang Moseneke’s Transitional Justice Commission (TJC) idea will plunge “Lesotho into lawlessness”. Mahao was speaking on behalf of families that suffered at the hands of the army in recent years at a press conference in Maseru.
He said they are strongly against Justice Moseneke’s Transitional Justice Commission. Mahao said the Commission will serve Justice Moseneke’s interests and not Lesotho’s quest for lasting peace, rule of law, good governance and democracy.
He said Justice Moseneke’s interest appears to be focused on political perpetrators and not the victims, which is a direct violation of United Nations transitional justice policy.
Mahao said Justice Moseneke never consulted the victims and their families. Instead, he was now pushing his idea of transitional justice on them. This, he said, was a clear lack of respect and regard for the victims, their families and the entire population which wants to see swift justice.
He said the TJC will deepen the seeds of animosity, retaliation and impunity. Mahao said Justice Moseneke risks creating a situation where the reforms that are intended to strengthen the rule of law and good governance will weaken these principles.
“We dare say that to juxtapose reforms to the rule of law and good governance is both misplaced and not in good faith,” he said. Prof Mahao said there was never a civil war in Lesotho to warrant transitional justice.
He said Justice Moseneke’s strategy seeks to cripple and frustrate the whole justice system and protect suspected criminals at the expense of poor vulnerable victims.
He said it is evident beyond reasonable doubt that these inhuman and degrading acts were perpetrated by a small group of people who cannot be declared as a nation in need of transitional justice.
Mahao argued that the families of the victims and the nation at large had expected Justice Moseneke to be seen fighting for the implementation of SADC decisions along with the victim’s families and not to chart his agenda outside of the initial SADC mandate which seeks justice and peace.
“A few major examples are his idea of clause 10 (of an agreement entered into between Lesotho’s politicians in the presence of Justice Moseneke not to prosecute party leaders who had skipped the country pending national reforms) which Lesotho’s constitutional court cast aside as misguided and unconstitutional.
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“The architects of Clause 10 are the same suspected perpetrators of human rights violations and criminal acts who now appear to be cajoling Mr Moseneke to act in their favour to frustrate the course of justice to their advantage under the guise of National Reforms,” he said.
“Mr Moseneke’s current idea of Transitional Justice is yet another attempt to prevent the wheels of justice from moving to deliver justice for victims of impunity expertly planned at state level and executed by the army,” he said.
“None of these attempts to abort justice delivery are ever done with due consideration and sympathy for the grieving families.
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’Mamphanya Mahao, the widow of his slain brother Lieutenant General Maaparankoe Mahao, told the press conference that the statement that they presented was prepared by all the known victims’ families that include Ramahloko, Qobete, and others.
“We met here at TRC last week and received a blessing from the families to prepare the speech,” ’Mamphanya said. Lt Gen Mahao was killed by his juniors in 2015.
The statement says the SADC’s position is clear in its decisions that those who have committed crimes should face the law, and justice be delivered to provide closure to grieving families.
“As the country heads towards the pinnacle of implementation of SADC decisions, Justice Moseneke, to our horror and dismay, has emerged with his warped idea of Transitional Justice which compromises and defeats the very same facilitation project for which he was assigned,” the statement reads.
“In addition, this betrays the entire international community and derails the whole intervention process,” it reads.
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