The struggle for power rages on: Unpacking PS Local Government’s letter to the minister
I have read with interest articles from three newspapers about the struggle for power between Minister of Local Government, Lephema and his PS, Tšoele. Public Eye described Tšoele as PS with a spine, and indeed Tšoele continues to defy Lephema as I understand from sources close to the situation.
The Public Eye description of PS with a spine is what I want to unpack, starting from his appointment to the current stand-off.
Appointment
The reader will remember that immediately after his appointment as a permanent secretary, the position he assumed on January 2, 2026, Tšoele convened a press conference in which he told the public that the prime minister “o nlatile hore ke tlo lokisa lekala lena,” translated as “the prime minister went to get me to fix this ministry.”
At no point did he acknowledge the efforts Lephema made towards his appointment, which he (the PS) knows exactly how his appointment came about as he was at the centre of his own appointment. Apparently, this is the statement that angered Lephema after he (Lephema) allegedly pestered the Prime Minister to appoint Tšoele to his ministry – talk about meritocracy!!!
Let’s look at the appointment of permanent secretaries under the 10th Amendment to the Constitution. The 10th Amendment removed the power to appoint permanent secretaries from the prime minister and placed it solely in the hands of the Public Service Commission where Basotho men and women are expected to compete, and the appointment be made only on merit.
Meanwhile, Tšoele’s daylight declaration of being deployed by the prime minister is an indication of political meddling from the highest administrative office, the prime minister himself. While it is known that Tšoele is a politician and a member of the ruling party, it is utterly unacceptable that qualifying Basotho men and women “accompanied” Tšoele to a pre-ordained appointment in flagrant violation of the supreme law of the land – the Constitution.
I wonder if Tšoele realised the extent to which he exposed the prime minister to claims of political interference and potential revocation of his appointment, if challenged, based on political interference.
Political interference is not the only reason that makes Tšoele’s appointment questionable. How did Tšoele leave civil service in the first place? Did he resign, which is unlikely or was he fired? If dismissed, how did he make a come-back to civil service? I will come back with this story in due course.
PS with a spine: Powers of the minister as against the PS
The letters we saw as being quoted by the papers indicate that Lephema had given instructions to PS to follow process and put Director of Immigration Services on administrative leave also known as precautionary leave after the latter appeared in court twice on counts of fraudulent issuing of refuge documents, and released on bail.
The PS refused to take instructions from the minister after which the minister sent him a letter that we saw being quoted. In the main, the PS cites (1) unlawful procedure because no such a thing as administrative leave exists and that the (2) Director has not been found guilty by courts and further that (3) there is no complaint lodged against the Director, and that (4) media reports are not evidence of wrong doing. Chiefly, that (5) he (PS) does not take instructions from the minister.
Indeed, only the PS with a spine can say this in any government anywhere in the world.
The reasons given by the PS are outright shocking and show deep sense of ignorance, and this explains why he is the PS with a spine.
Firstly, anyone who is charged criminally anywhere in the world is placed on precautionary leave, which sometimes is called administrative leave and/or suspension. The three terms are usually used interchangeably although they are not the same. Suspension is punitive and usually without pay.
Administrative leave/precautionary leave is non-punitive and it is with pay and it applies to situations where the employer is undertaking investigations, which is exactly what Lephema was asking the PS to do, and which is exactly what PS alludes to when saying that the director has not been found guilty.
However, his defiance prevents him from realising that him and the Minister are referring to the same process. Even assuming that Lephema was not correct in the use of the term, which is not the case, it is the function of the PS to ensure that the minister’s directives are being implemented following all legal processes and not to defy the minister.
Quite to my disbelief, the PS said there was no complaint laid against the director and that media reports are not good enough.
Meanwhile, this is a man who appeared before court twice on allegations of fraud and corruption. The papers simply reported the true events as they unfolded.
More still, investigative journalism is what has exposed corruption everywhere in the world resulting in men and women resigning from their positions or being placed on precautionary leave but the PS seems to be oblivious to all these. The minister ought not to have even directed the PS to place the director on precautionary leave; rather, any PS ought to have done it immediately.
Let me interpose and remind Basotho that once upon a time Basotho could go to the United Kingdom without visas; once upon a time Basotho were given six months endorsement of daily visits to South Africa. Due to fraud and corruption by officials who “sold” Lesotho passports to foreigners, all the travel benefits to the United Kingdom and South Africa ended.
The same minister that today faces Tšoele’s onslaught negotiated 90 days endorsement to South Africa for Basotho. This achievement stands to be threatened by Tšoele’s defiance and complacence if officials facing fraud charges are allowed access to the national identity documents and permits.
What is alarming is that the same PS that talks about procedure, which he absolutely has no clue about, has suspended another official – ‘Mating Mahooana for being insubordinate to him, the PS.
Mrs Mahooana is on suspension without following any due process.
Talk about double-standards!!!
I wonder when will the minister place the PS on suspension for gross insubordination after reading the letter that the PS penned to the minister????
Among the reasons the PS gave for his defiance is that he, the PS, is not answerable to the minister. This is a constitutional crisis and only PS with a spine can say so.
The constitutional legal minds informed me that the 10th Amendment is unmistakable that the minister directs and controls the entire ministry and the people in it, which includes the PS while the PS supervises the ministry.
This means the total control and direction is that of the minister and the PS supervises the directives that the minister would have given. The powers of the minister are then spelled out in detail and in non-exhaustive language in the Public Service Act.
It is unequivocally stated in both the Constitution and the Public Service Act that the minister is the overarching head of the Ministry, controls the functions and everyone in the ministry.
Whether any politician likes Lephema or not, Tšoele’s utterances are a constitutional travesty and if condoned (wrongly so), there will be a crisis in the public service where PSs would claim not to be answerable to the ministers, rendering the PSs uncontrollable.
PSs will defy ministers and claim to be answerable to the Government Secretary (GS) yet the GS is removed from the daily activities of the ministries; meanwhile, there is no clause in the Constitution as amended and in the Public Service Act that says PS is answerable to the GS other than that GS is head of public service.
Any minister has a concurrent right or power with the GS to charge and dismiss its permanent secretary. Tšoele utterances are an indictment to the cabinet and the prime minister.
Not only has Tšoele defied Lephema’s lawful and appropriate instructions to place on suspension or on administrative leave the director but he also defied Lephema’s instructions for him, the PS, to secure the consumables for passports. I am reliably informed and I have seen communication which Tšoele was supposed to sign to procure the consumables but refused to do so.
There are no passports because of the PS, who is so loved by the opposition. In December 2025 before the appointment of the PS, Lephema had instructed officials at Home Affairs to work even on weekends to ensure printing and disbursements of passports. The process was swift and the queues had been abolished – where are we now with the PS that is so loved by the opposition? There are no passports and it is going to be a while before we get passports.
Defiance continues
Even as recent as Friday, April 10, 2026, sources in the ministry disclosed that the PS continues to defy Lephema. Apparently, Lephema is due to meet his South African counterpart in Cape Town on a migration model that officials have been working on before Tšoele’s appointment.
Out of spite, Tšoele denied an official who has been the anchor of the process from going to Cape Town and wants a different one instead, in direct violation of Lephema’s directive. The trip is due this week, let’s wait and see whether Lephema’s preferred official goes to Cape Town or Tšoele’s preferred official – ho hobe ka Local Government, ho nkha ho re phuuuuuuu!!!
Reabetsoe Khoabane
South Africa
