Ministry of Works abandons PAC legal challenge
‘MATHATO SEBOKA
MASERU – The Minister of Public Works, Neo Matjato Moteane, has confirmed that they have abandoned their legal challenge to stop an ongoing probe by the Public Accounts Committee (PAC) into the ministry’s dealings. Moteane said they withdrew the court case after they were convinced of the PAC investigations’ legality and that they were being conducted procedurally – against the ministry’s earlier discomfort that led to the case being filed.
The case was withdrawn on Tuesday last week.
The ministry had filed a court case to throttle the ongoing probe by the PAC into its (Ministry) controversial award of a tender for a facelift to the Moshoeshoe I International Airport in Maseru.
At the heart of the controversy, the PAC is investigating the award of a portion of the lucrative of the tender-valued at M100 million to Khatleli Tomane Architects (PTY) LTD, a company Minister of Works, Matjato Neo Moteane co-founded.
Minister Moteane confirmed the latest developments to Public Eye, saying “we withdrew the case last week following extensive discussions with government authorities, particularly the Attorney General Advocate Rapelang Motsieloa.”
The minister continued that it was mutually agreed that it is not necessary to urgently pursue the case because it was finally agreed that the PAC would change its approach towards the ministry’s staff under interrogation by the committee.
Moteane went on to show that the erstwhile incidents that had led to some bad blood between the PAC and the ministry had been resolved and left in the past.
“What happened is now water under the bridge because the committee has already summoned our staff and asked them questions. Going forward, if the PAC takes the same approach it used to question our staff we will still approach the courts for intervention,” the minister said.
Moteane reproached parliament for thinking it possesses unlimited powers.
“Parliament believes it has unlimited power, but I do not think that is the case. So, under my leadership, I would not allow my staff to be ill-treated by any of its committees,” he pointed out.
Moteane further argued that the PAC’s mandate is to oversee the use of public funds, and that if they continue to grant themselves unchecked powers of prosecution and handing down judgements on people before the committee, then “we will go back to court.”
In a separate interview, the National Assembly Chair of Committee Chairpersons, Mokhothu Makhalanyane, said while the ministry had withdrawn the case the parliament is yet to receive a formal written withdrawal.
He went on to show that they were astonished by a government ministry’s decision to sue the committee for performing its duties.
“We were surprised as to how the ministry can sue a parliamentary committee, the same committee that was formed to oversee government spending and ensuring that public money is used as intended by the parliament,” observed Mkahalanyane.
The spat between the Ministry of Works staffers and the PAC emanated from the committee’s investigations into suspicion that Moteane has benefited from the Moshoeshoe I airport’s contract, despite his claim to have severed ties with this company that has been given the airport’s rehabilitation job.
Two senior officials in the ministry, Tšepang Koele and Katiso Ntoane – Principal Secretary and Deputy Principal Secretary in the ministry, respectively – had sought for High Court of Lesotho to direct the PAC to halt its grilling of the ministry’s staff on the airport rehabilitation project and related contractual matters.
The duo was in December last year hauled before the PAC to answer a litany of accusations of corrupt conduct in the award of the tender for the Moshoeshoe I airport’s job – developments in the committee’s sessions also sucked in Minister Moteane, with allegations of misconduct.
In papers filed before court, Koele had indicated that on the day they appeared before the PAC, she and her colleagues were harassed, insulted and abused by members of the committee who went so far as tell her that she could give explanations which they do not like because “I am corrupt and I am a thief”.
It is upon this background that the Ministry of Works and the two senior officials, seek for the court to halt proceedings of PAC which were scheduled for Wednesday January 30, or other dates, involving them to be suspended pending finalisation of this case.
The staffers also wanted the court to direct the PAC to neither compel nor summon Koele and Ntoane or employees of the Ministry of Works to appear before the committee to discuss matters relating the award of a contract to the company responsible for renovating Moshoeshoe I International Airport.
The application before court further sought to gag the media covering the PAC proceedings, challenging the commitment’s decision to allow the broadcasting and the publication of evidence submitted on the Moshoeshoe I Airport contract through television, newspapers, radio announcement, social medial and other media platforms.
