. . . Moteane slapped with defamation lawsuit
‘MATHATO SEBOKA
Meanwhile ‘Maposoli Mosothone has filed for a defamation case against Doctor Mohlalefi Moteane where she is seeking damages in the sum of a hefty 20 million maloti.
In court papers Mosothoane claims that on October 10, 2024 Moteane published or caused to be published defamatory statements against her in a local weekly the post of October 10-16 2024 under the topic ‘Veterinarian fears for life’.
She alleges the defamatory statements were disseminated widely within Lesotho and beyond, through the print and online platforms of the newspaper, including its website and social media channels such as Facebook.
These statements made by the Moteane also carried an implication, Mosothoane reasons, that she (Mosothoane) manipulates the law enforcement authorities to work for her and without any moral fibre and that she is capable of killing him (Moteane) in order to get her way.
The charge said that the said contents of the article were defamatory of Mosothoane’s reputation in that it was intended to mean and be understood by people who read it to mean that the Mosothoane ‘may kill Moteane’ and called for the assistance of the Lesotho Mounted Police Services to do so and also to threaten and intimidate him.
Mosothoane showed that “The statements also maliciously implied that I intended to cause, or conspired to cause, the death of Moteane.”
Mosothoane’s court papers argue that substance of the “statements are unsubstantiated, malicious, and have caused significant harm to the Applicant’s personal and professional reputation, resulting in emotional distress, loss of reputation, public humiliation, and financial loss through diminished professional opportunities and standing”.
She therefore seeks the court’s indulgence to extract the said sum of money for the harm caused to her reputation, standing, and emotional well-being from Moteane.
Mosothoane also demands a retraction and a public apology published by Moteane in The Post newspaper and all its associated online and social media platforms where the defamatory statements were disseminated, “clarifying that the statements were unfounded and defamatory”.
She further wants a permanent “injunction restraining the Moteane and the Post newspaper from publishing or causing the publication of any further defamatory statements concerning” her.
In May 2018, the Lesotho High Court (sitting as a Constitutional Court), in a unanimous judgment declared the offence of criminal defamation unconstitutional with retrospective effect.
The case in point was that of Basildon Peta v Minister of Law, Constitutional Affairs and Human Rights and 2 Others, Constitutional Case No. 11 of 2016, was heard before ‘Maeforo Mahase, Teboho Moiloa and Moroke Mokhesi on 19 February 19, 2018.
The case was brought by Basildon Peta, the owner and publisher of the Lesotho Times. He was charged with the offence of criminal defamation after the Lesotho Times in 2016 published a satirical column (the Scrutator) relating to the then-Commander of the Lesotho Defence Force, Tlali Kamoli.
The decision to challenge the offence was in response to the repression journalists in the country faced at the time.
Freedom of the press and other media, as well as the safety of journalists, was thus given a boost.
The three judges found that criminal defamation long used as threat against journalist and media is unconstitutional. This decision added Lesotho to the growing list of African jurisdictions where criminal defamation has been repealed.
Some of the high profile defamation cases that have been filed even after the criminal defamation include a case where Ministry of Energy Principal Secretary, Tanki Phapano with his attorneys K J Nthontho Attorneys demanded M3 million as damages from Basotho National Party (BNP) leader Machesetsa Mofomobe for allegedly defaming him (Phapano) over a Facebook post.
Mofomobe himself in June 2023, demanded M5 million from government for defamation.
