Africa-Press – Lesotho. A soldier who insulted his superior for stopping him from joining a crowd that later killed a civilian during a drunken fit of anger at a bar has lost his bid to overturn his dismissal from the army.
The Court of Appeal last week ruled that army commander, Lieutenant General Mojalefa Letsoela, followed the law to the letter when he fired Private Lehlohonolo Alotsi.
The case was before the President of the Court of Appeal, Professor Kananelo Mosito, Justices Phillip Musonda and November Mtshiya. The court found that on Christmas Day of 2018, Alotsi, together with nine other soldiers, was on patrol at the Ha-Peete Military Base.
They went to a local bar and ended up staying outside the barracks until after 10pm, which is the prescribed time for soldiers to be back inside the barracks.
A fight broke out at the bar between the soldiers and some civilians. The soldiers went back to the barracks and ordered their superior, one Corporal Thabi, to hand over some riffles to them.
Corporal Thabi ordered them not to go but his orders were ignored. Alotsi told the court that he did not go but admitted that he used abusive language against his superior. Thereafter there was a shootout at the bar leading to the death of a civilian. Some civilians were also injured in the shootout.
On New Year’s Eve Alotsi and his co-accused appeared before Presiding Officer, Major Lekoatsa, for summary trial relating to military offences they had committed at Ha-Peete.
They all pleaded guilty to the charges laid against them. Alotsi was charged with disobedience, acting in a disorderly manner, and using inappropriate language to a superior officer.
Major Lekoatsa found him guilty and sentenced him to 80 days in detention. He was also severely reprimanded. Major Lekoatsa told Alotsi that he had 14 days within which to appeal against the sentence.
Alotsi did not challenge both the conviction and sentence at that time and only did so when Lt Gen Letsoela wrote him a letter saying he should give reasons why he should not be fired.
It was during this time when he revealed that Major Lekoatsa had coerced him to confess even though he was not involved in committing the crimes, apart from disrespecting his superior.
In his letter to Lt Gen Letsoela, Alotsi apologised for being out of the barracks beyond 10pm, saying he did not do it intentionally. “My intention was still to make it back on time but being human, I got carried away,” he pleaded.
“General Sir,” he continued, “here I give a full account of the truth.
” He told the army boss that there was a fight that broke out at a bar and he had no idea how it started and how it ended.
He said they ran back to the barracks to ask for guns to rescue one Private Ramarou. “I, Pvt Alotsi, was never given a gun, the guns were given to Private Teolo and Private Khoaisanyane,” he said.
“Commander Lesotho Defence Staff, General Sir, I yet again implore you for mercy as I had been in an unwarranted exchange with Corporal Tlhabi, where it appears that I insulted him,” he pleaded.
“I am not a vulgar person at all. I am a soldier who respects a lot, I follow orders,” he said.
“Corporal Tlhabi was ordering me to not go back with the soldiers to go get Private Ramarou. I indeed stayed behind. ” “I deeply apologise, General, Sir. ”
The court found that Lt Gen Letsoela has prerogative to fire any soldier or officer if in his judgment his continued service “is not in the best interests of the Defence Force” or the soldier “has been convicted of a civil or military offence”.
“Depending on the gravity of the offence, (the army commander), even in a situation where a soldier is pardoned, (may) still proceed to discharge him or her,” the court said.
“There is no dispute that the offences committed were serious and obviously offended the standing ethics of the force.
” Alotsi had taken the commander to the High Court saying he was being punished twice. The High Court dismissed his application, leading to this appeal.
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