Judgement on whether the former Lesotho’s minister of finance Dr Mamphono Khaketla and other have a case to answer or not on charges of corruption and bribery attempt have been reserved by the High Court Justice Molefi Makara. This after the Director General of Directorate on Corruption and Economic Offences (CEO)and the Director of Public Prosecutions (DPP) disagreed on whether the case is prosecutable or not.
news
Dec. 18, 2020
OWN CORRESPONDENT
2 min read
Does ‘Mamphono have a case to answer or not?
Former Finance Minister Dr 'Mamphono Khaketla
Dr ‘Mamphono Khaketla and her accomplice Thabo Napo, are charged with corruption and attempt to take a bribe for allegedly soliciting a bribe of about M4 million from representatives of Lebelonyane Fleet Solutions Joint Venture (JV) in exchange for action or in action on the part of Dr. Khaketla to use her position and influence as a state or public official, more particularly her position as the Minister of Finance to ensure or attempt to ensure that award of tender number 7/2015-2016 (a contract for the provision of fleet services to the government of Lesotho) is awarded to the JV during an incident that happened at Dr. Khaketla’s homestead on March 17, 2016.
They are alternatively charged with contravening the provisions of Section 21 (1) of the Prevention of Corruption and Economic Offences Act, 1999 as amended read with Sections 2, 20, 31A and 34 of the aforesaid Act in that they, during the same time and venue as in the main count, unlawfully and intentionally directly agreed or offered to permit Dr. Khaketla’s conduct as the Minister of Finance to be influenced by a gift or the promise or prospect of a benefit to be received by her and or Mr. Napo in ensuring that a contract for the provision of fleet services to the government of Lesotho (tender number 7/2015-2016) is awarded to the JV in exchange for money to a tune of M4 million.
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The accused are on the third and fourth alternative counts charged with contravening the provisions of Section 26 (1) and Sections 21 (3) (b) of the Prevention of Corruption and Economic Offences Act of 1999 in that they intentionally abused the functions or position of Dr. Khaketla’s office in attempting to solicit a bribe from the JV.
Amidst the back and forth argument between the DCEO director and the DPP, the duo have applied for the permanent stay of prosecution while the prosecution was on the other hand applying for postponement of the case.
It appeared during arguments that despite the DCEO concluding that the case is not prosecutable, the DPP has insisted on taking over the case hence the need for postponement.
The conclusion by the DG DCEO reportedly emerged during a meeting between him and the DPP which was held last month following the death of a key witness and remaining witnesses turning hostile against the prosecution.
The presiding officer Justice Molefi Makara is yet to pronounce his judgement following arguments from both sides.
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