TEBOHO KHATEBE MOLEFFI
MASERU – The leader of the SADC Facilitation to Lesotho, Justice Dikgang Moseneke, is in the country on a three-day crusade to sell the idea of a Transitional Justice Commission (TJC) to government, political leaders and other stakeholders in national affairs, Public Eye can reveal. The retired South African deputy Chief Justice arrived in the country on Thursday and has already met with government and resident international partners to deliberate.
He is scheduled to pay a courtesy call on Prime Minister Moeketsi Majoro and have an audience with King Letsie III today, while he will also meet the Christian Council of Lesotho, Chief Justice Sakoane Sakoane, the College of Chiefs, civic movements, political parties outside parliament as well as the National Reforms Authority (NRA).
Another meeting with representatives of several high profile victims of political skirmishes is expected to held with the Facilitator today, and Public Eye has established that these consultations are an attempt by the Facilitation Team to resuscitate the controversial Clause 10 of the October 2018 government/opposition agreement stipulating that politicians will not be taken to court for any crimes until after the finalization of the ongoing national reforms.
Moseneke efforts are continued despite the November 22, 2018, annulment of the clause by the High Court of Lesotho. Public Eye has further learned that Moseneke has submitted a discussion document on his proposal for establishment of a TJC, which tabulates several modalities for the formation of the Commission.
“It is recommended that parliament pass as soon as practibale substantive legislation on transitional justice that establishes the Transitional Justice Commission as a sequel to the prompt legislations envisaged,” Moseneke proposes in the submission to stakeholders.
He continues that the principle of establishing a broad transitional justice framework must gather legitimacy from stakeholders wider than political parties in parliament, “and to that end it may be prudent to convene an attenuated leaders’ forum for discussion and endorsement of the principle.” According to this paper’s findings Moseseneke wants for parliament to validate his proposal before the NRA’s mandate expires later this year.
Tomorrow, Saturday 13 March, Justice Moseneke is expected to meet with opposition political parties in parliament before a later debriefing with government at Qhobosheaneng, and then the King before departure.
Moseneke’s engagement in Lesotho follows a SADC Double Troika held on April 24, 2018, in Luanda, Angola, agreed that President Ramaphosa should continue to facilitate the political national dialogue and reform processes in the country – since the Ramaphosa was appointed by the SADC Heads of State and Government as a SADC Facilitator, following the country’s security and political challenges in September 2014.
The Luanda Double Troika Summit endorsed the Lesotho Roadmap for reforms and urged government to prioritise constitutional and security sector reforms.