Tšolo’s legal woes escalate

’MATHATO SEBOKA

MASERU – The High Court was filled with tension yesterday as former Minister in the Prime Minister’s Office, Temeki Tšolo, took the stand. He is facing charges in connection with a botched M855 million solar energy deal that has rocked Lesotho’s Government. When he made his brief appearance in court this week Tšolo looked dishevelled and frustrated, having just come from a medical check-up at the Queen ’Mamohato Memorial Hospital.

He escaped a warrant for his arrest yesterday for tardiness as the judge, Justice Tšeliso Mokoko, had already begun proceedings in his absence. “I was at the hospital for a scan,” Tšolo explained. His words hung in the air, but they did little to quell the sense of drama enveloping the court.

For months, this case had been a hot topic, and Tšolo’s every move has been under the radar. His inability to secure legal representation for the trial, set for October 21-25, 2024, added another layer to the saga. “I cannot afford a private lawyer,” he lamented, prompting Judge Mokoko to recommend he seek help from Legal Aid.

This legal battle is not just about missed appointments or financial woes. At the heart of it lies a scandal involving Robert Frazer, a German national, and his company, Frazer Solar PTY LTD. Frazer and Tšolo stand accused of forging a deal that would have seen the government of Lesotho commit M855 million for solar energy products, a deal that was never approved by the Cabinet.

It is a case that has far-reaching consequences, involving allegations of fraud, forged signatures, and former Prime Minister Motsoahae Tabane’s possible involvement.

Between 2017 and 2019, Robert Frazer proposed a solar electrification project to the Lesotho government. The proposal should have gone through the Ministry of Energy, the proper custodian of such matters, but it did not

Instead, it found its way to Tšolo’s office, where the former minister, purportedly acting on behalf of the Government, signed off on the agreement with Frazer Solar. Cabinet approval had been denied, and Tšolo was instructed to present the proposal to the Ministry of Energy for reconsideration.

Despite this, he proceeded with the deal. The agreements — one for the supply of solar energy products and a memorandum of understanding — were signed, sealing a contract that never received formal approval.  When the government failed to uphold its end of the deal, Frazer Solar took legal action, and an arbitrator in South Africa ruled in favour of Frazer, ordering the Lesotho Government to pay M856 million in damages.

It was a devastating blow to the nation, and now Tšolo found himself at the centre of the storm. In July 2021, Tšolo appeared before the parliamentary Public Accounts Committee (PAC) to address allegations that he had signed the controversial deal. It was a session filled with drama and tension as Tšolo vehemently denied any wrongdoing.

He claimed his signature had been forged and that he was set up by unknown individuals. “I was not aware I signed any contract with Frazer Solar,” he told the PAC. “They set me up for failure. This is fraud at its best.” His words, however, were not enough to silence the rising tide of accusations.

Principal Secretary for Energy and Meteorology, Themba Sopeng, testified that Tšolo had personally approved the deal, claiming it had the backing of then-Prime Minister Thabane.

This testimony contradicted Tšolo’s denial, and the PAC launched its own investigation to uncover who had really signed the agreement. The ensuing sessions of the PAC were marked by fiery exchanges, particularly between Tšolo and former cabinet minister Nyapane Kaya. Kaya questioned Tšolo’s state of mind during the period leading up to the alleged signing of the contract.

“Can you assure this committee that you were in the right state of mind?” Kaya asked, implying that Tšolo may not have been fully aware of his actions at the time the deal was inked. This insinuation infuriated the former minister. “Are you saying I was drunk?” Tšolo shot back.

The tension in the room was palpable as both men spoke over each other, their voices rising. It was not until the acting PAC chairperson, Kimetso Mathaba, intervened that the exchange was brought to an end.  But the damage was done — Tšolo’s credibility had been further eroded.

The implications of the Frazer Solar deal have been profound. The ruling by the South African arbitrator has resulted in the seizure of Lesotho’s assets in South Africa to pay off part of the debt owed to Frazer Solar.

This includes Lesotho’s water royalties, a critical source of revenue for the country. The government, then led by Prime Minister Dr. Moeketsi Majoro, had been scrambling to reverse the decision, petitioning the Gauteng High Court to halt the asset seizures.

Meanwhile, Tšolo’s personal life has also unravelled. Earlier this year, he lost his plot of land in Mafeteng after failing to service a mortgage loan of M939,155 that he had taken out with Standard Lesotho Bank in 2013. The bank had provided the loan when Tšolo was still Minister of Trade, Industry, Cooperatives, and Marketing.

The loan was to be repaid over 19 years at a monthly rate of M9,680. However, after defaulting on payments, the bank was forced to auction off his property.

Tšolo’s financial troubles have only added to his legal woes, casting a shadow over his once-prominent political career. Once a trusted minister under Prime Minister Thabane, he now faces the prospect of criminal charges, financial ruin, and irreparable reputational damage.