Court greenlights PAC probe

BOKANG MOSHOESHOE,

‘MATHATO SEBOKA and

‘MANTŠANG KHUTLISI

MASERU – In a significant ruling delivered on June 9, Chief Justice Sakoane Sakoane struck a blow to Lesotho Electricity Company (LEC) board’s attempts to block a parliamentary probe by the Public Accounts Committee (PAC), declaring that their court application does not warrant urgent attention.

The High Court decision effectively removes the LEC board’s case from the urgent roll, meaning it will have to proceed through the normal, and often lengthier process if PAC chooses to pursue it any further.

The development is widely being interpreted as a legal and symbolic victory for PAC, which has been unwavering in its pursuit of answers and accountability in light of mounting allegations of mismanagement and corruption within the state-owned electricity utility.

The LEC board filed the lawsuit against PAC earlier this month, alleging that the committee had overstepped its constitutional mandate by summoning executives and requesting financial documents related to the company’s operations.

The board argued that PAC’s investigation was both invasive and unlawful, claiming it infringed on the operational independence of LEC.

In response, PAC contended that as a watchdog established by Parliament to scrutinize public expenditure, it had every right and indeed, a constitutional obligation to investigate any institution receiving public funds, including LEC.

Sakoane, in his ruling, did not address the merits of these claims directly. Instead, he focused squarely on the question of urgency.

He concluded that the matter lacked the extraordinary circumstances required to be treated as urgent. He added that there is nothing in the application that shows any irreparable harm would befall the applicant (LEC) if the matter were heard in the normal course.

Furthermore, he continued that PAC’s actions did not warrant an urgent interdict, particularly since the committee had already been engaged in the investigation prior to the lawsuit.

With the matter now off the urgent roll, PAC is legally free to continue its ongoing investigation into LEC’s financial affairs.

The committee, chaired by ‘Machabana Lemphane Letsie, has been actively probing irregular expenditures, alleged procurement processes, and widespread complaints about poor governance within the utility.

Reacting to the ruling outside court, PAC members expressed satisfaction, emphasizing that the judiciary had affirmed the committee’s oversight role. The LEC has been under public and political scrutiny for several years due to persistent service delivery failures, financial dealings, and allegations of internal corruption.

The court ruling is likely to embolden such calls, particularly as it reaffirms PAC’s legal authority to summon and question public officials whether from government departments or parastatals.

The ruling has already sparked widespread discussion across social media and radio talk shows. Many Basotho have welcomed the decision as a step in the right direction for transparency and accountability.

As it stands, the ball is now back in the LEC board’s court figuratively and literally. The board must decide whether to abandon its legal challenge altogether or proceed through the regular, and likely more protracted, judicial process.

In the meantime, PAC is pushing forward.

Further hearings are scheduled for Monday June 16, with several more high-profile witnesses expected to testify.

The ruling is more than just a legal technicality. It is a reaffirmation of democratic checks and balances in a system too often weighed down by political interference and bureaucratic inertia.

As the PAC probe continues to unfold, Basotho have not stood aside as spectators.

A section of highly concerned citizens has vowed to take the LEC head-on over the high cost of electricity.

They are organising a peaceful march to hand over a letter of demands to the Prime Minister Ntsokoane Matekane.

The letter tabulates concerns some citizens have towards the current audit report undergoing the PAC’s scrutiny on outrageous corruption, misspending, and lack of accountability at the LEC where there are signs of public money embezzlement.

The Peaceful March organiser, Balefele Sekhamane, indicated that the reason behind the march is the fact that electricity is too expensive for Basotho.

“There are certain directives that we want the prime minister to order on the LEC,” Sekhamane said.

Top on the list of things Sekhamane said is a demand from the prime minister ‘to dissolve the LEC acting board’.

He said, “this is because the acting board was supposed to get 10 percent but gave themselves full salary amounts yet they are acting.”

Also on the demand list is a call for the decrease of 30 percent on electricity sales.

“Electricity is too expensive, many people are unemployed and those that are employed earn little money, so it is only fair that the electricity amount be decreased,” Sekhamane stressed.

He further chastised the irregular benefits at the LEC, saying “the LEC staff members should stop getting free electricity; they should buy it like any other Mosotho. It is unfair that they are getting free electricity, other government institutions for instance Ministry of Agriculture, their staff members do not take manure or tractors as their incentives, teachers’ children do not attend schools for free, so we fail to understand why LEC staff gets free electricity.”

“We need all the money that was taken fraudulently to be taken back so that it can benefit Basotho electricity users. If such people who fraudulently took the money do not have money in their bank accounts, then their properties should be auctioned so that such money should be paid back,” Sekhamane stipulated.

The march is pencilled for June 18. However as at yesterday the office of the prime minister had asked the organisers of the march for a meeting to negotiate on the issues related to the march. It was not clear what the meeting achieved at the time of going to print.