Maseru, June 08 — Chief Justice Sakoane Sakoane says action must be taken against commanders of the two members of the army under the Special Forces Unit who were on Tuesday sentenced to 20 years imprisonment for murder, 10 years imprisonment for attempted murder and four years imprisonment for malicious damage to property.
Corporal Tjekane Sebolai and Corporal Selone Rats’iu got the sentences after they were found guilty of the murder of Lisebo Tang which occurred during a shooting that happened near the home of Retired Army Commander Lieutenant General Tlali Kamoli in 2014.
They were also found guilty of attempted murder of Ts’epo Jane who was in the company of Tang on that fateful day as he escaped the shooting with injuries. The duo was also convicted of malicious damage to property for shooting at a vehicle in which Tang and Jane were.
During sentencing, the Chief Justice remarked that the type of training the accused received, as junior soldiers, was to do as they are ordered or risk being court-martialed.
He stated that the training which makes soldiers obey orders more than the law is contrary to what was said by the High Court and approved by the Court of Appeal in one of the cases against the prosecution.
He quoted the Court to have, among, ‘the primary duty and role of an army under a democratic dispensation is to protect the national sovereignty of Lesotho and to protect the lives and properties of the citizens’. He indicated that the Court said anything contrary to that is ‘both unconstitutional and illegal’, adding that ‘under the rule of law, the Lesotho Defence Force (LDF) can only operate rightfully in accordance with the Constitution of Lesotho and the 1996 LDF Act, regulations, rules and orders lawfully given’.
According to evidence presented before the court, Sebolai and Ratsiu who were on duty at the residence of Lieutenant General Kamoli, shot at the vehicle in which Jane and Tang were travelling in because it matched a description of the vehicle mentioned in a Red Alert. They were reportedly warned that there was a white 4×4 vehicle going about dropping bombs. They were further warned that the police were planning to attempt to arrest the then army commander.
The evidence revealed that the accused considered the vehicle a threat due to the manner in which it conducted itself around the home of the army commander and their work vicinity. It added that they were following the order: “capture the enemy, if it resists or flee, eliminate it”, when they shoot at the vehicle. It added that Jane and Tang ignored the warnings and instructions from the accused to step out of the vehicle and identify themselves.
In his judgment delivered last month, the Chief Justice ruled that the defence of superior orders, mistaken belief and justifiable homicide which were raised by the accused lack merits, therefore are rejected.
Among the findings which he made was that the accused shot several times at the vehicle in which the deceased and the victim were, with AK47 rifles. He stated that the vehicle was stationary and at a public road away from the private residence of Kamoli, thus not posing any danger to ‘life, limb and property’.
He indicated that lethal force was not used to immobilise the vehicle but with the aim to destroy and kill. He added that the aim was not to arrest or protect property but to kill the occupants of the vehicle for refusing to obey the instructions to switch off the exterior lights of the vehicle and switch on the interior ones.
During the sentencing, Chief Justice Sakoane made the finding that a fear of punishment by soldiers if they did not obey orders constitute extenuating circumstances in this case.
He therefore stated that death sentence cannot be imposed on the acaused in the matter.
He however also found that aggravating factors exist due to the brutality in the commission of the offences as well as the use of weapons of war which are designed to wound and kill. He added that the many wounds inflicted on Tang on most vulnerable parts of the body and vital organs, leading to her death together with Jane’s wounds that caused him to stay in hospital for 11 days and the number of bullet holes on the vehicle which illustrated extensive and deliberate damage add to the factors.
“The sentence imposed should express public abhorrence of the conduct of members of the army so that the LDF can regain the love and confidence of the citizens,” said the Chief Justice.
He emphasised that a message should be sent that soldiers must not conduct themselves in a manner that brings fear in the citizens, adding that they must use their lethal weapons with ‘utmost care, skill, restraint and calmness’.
Chief Justice Sakoane also emphasised that in sentencing, the Court must balance the crime, criminal and the interest of the society. He added that punishment should fit the criminal and crime further, adding that it must be fair to the society.
During the pre-sentencing stage the defence lawyer Advocate Sello Ts’abeha told the court that the accused observed their bail conditions, adding that they cooperated with the police. He further added that they showed remorse and acknowledged their error.
He pointed out that the trial was delayed when it was aborted and had to start afresh thus exposing the accused to further emotional suffering. He said they have a constitutional right to a fair and speedy trial.
He presented before the Court statements of chiefs from areas which the accused come from.
Among them was one from Makarabo Matela of Ha Chaba Makhoakhoeng in Botha-Bothe who described Sebolai as a respectful and cooperative community member. She stated that he assisted the community leadership to resolve disputes and avoid conflicts.
She added that he contributed to maintaining peace and order within the Makhoakhoeng community.
Another statement by Chief Ntlobo Ntlobo of Makeneng, Ha Hlakametsa in Botha-Bothe described Sebolai as an outstanding member of the community. He added that he is disciplined, respectful and law abiding further adding that he actively and persistently participated in crime and violence prevention within the community. He pointed out that his commitment to ensure public safety extended beyond his duty.
The statement by Chief Khoai Matete of Thaba-Chitja in Maseru defined Rats’iu as a well behaved community member. He stated that his humility earned him respect from the community. He added that he worked well with the community policing forum.
Each of the accused took the stand and presented their personal circumstances to the court in mitigation. They each stated that they are married with children adding that they have other dependants. They apologised to the family of the deceased and the survivor indicating that they have nothing against them and that what happened was because they were on duty. They begged for mercy so that they could have an opportunity to take care of a child Tang left behind.
Commander of the Special Forces Colonel Tefo Ramosie who also took the stand indicated that the accused served the army well. He said they took part in a peacekeeping mission in Mozambique in 2021, adding that they were at times tasked with VIP protection.
He stated that apart from contributing M10,000.00 to the family of Tang towards funeral arrangements as well as building them a two-roomed house, the LDF is willing to meet with them together with the family of Jane to discuss reparations.
A prosecutor in the matter Adv. Motene Rafoneke stated that the sentence to be imposed by the court should be long enough to deter potential offenders, reprimand the accused and restore the public confidence in the courts as well as the justice system.
The two army members were initially charged together with Private Kopano Matsoso who was in 2020 acquitted after the court ruled that he did not have a case to answer as there was no evidence linking him to the offences charged.
The case started afresh in 2023 before the Chief Justice following the 2020 resignation by a foreign judge, Justice Kabelo Lebotse who was presiding over the matter.
In order to bring to the attention of relevant offices a need to have action taken against the commanders of the accused, the Chief justice has directed the Registrar of the High Court to send copies of the judgment in this matter to the Commander LDF, Chief of Police and the Director of Public Prosecutions (DPP).
Ends/SM/tl
