SUMMARY OF EVENTS IN LESOTHO

Volume 1, Number 3 (Third Quarter 1994)

Summary of events in Lesotho is a quarterly publication compiled and published by  David Ambrose since 1993 at the National University of Lesotho, P. O. Roma 180, Lesotho.

New Minister of Finance Appointed
Demand for Reinstallation of King Moshoeshoe II
King Letsie III Announces Palace-Lead Coup
Announcement of Council of Ministers
Chief Justice Acts Under Apparent Duress
Protests Against Illegal Regime
Ultimatum to King to Reverse Coup and Reinstate Legal Goverment
Negotiations to Restore Legal Government Continue
Legal Government Restored

New Minister of Finance Appointed

Early in August, Dr P. M. Senaoana of the Economics Department of the National University of Lesotho was appointed as the new Minister of Finance, replacing Mpho Malie who had been acting Minister (in addition to his normal portfolio as Minister of Information & Broadcasting) following the assassination of Selometsi Baholo. Amongst Dr Senaoana’s first official duties was to attend a conference in Indonesia. back to top

Demand for Reinstallation of King Moshoeshoe II

On Sunday 14 August, a demonstration was held, in which a number of people (to be measured in hundreds, not thousands according to one observer) demanded the reinstallation of King Moshoeshoe II to replace his son King Letsie III. The demonstration was broadcast as a news item on South African Television, and apparently those present signed a petition.

The matter of who should be the constitutional monarch had for some time been an issue among a small but vociferous minority, ever since the return of King Moshoeshoe II from exile in 1992, not as a reigning monarch but as ex-King. When the new Constitution had been introduced in 1993, it was King Letsie III who became the constitutional monarch, not his father, even though King Moshoeshoe’s deposition had not been by a democratic government, but by the former military regime.

The anomaly was not considered by many as of great import, because the constitutional monarch had no real power. However, in response to representations, the Prime Minister had himself suggested courses of action for approval by Parliament including the use of the legal system for redress, a Commission of Inquiry, and a referendum. It was well known that King Letsie was a reluctant monarch, and would happily hand over the reigns of power to his father. However, some felt that the Basutoland Congress Party Government of Dr Ntsu Mokhehle, was apparently apprehensive lest King Moshoeshoe II, if reinstated, might overstep his powers as a constitutional monarch.back to top

King Letsie III Announces Palace-Lead Coup

At 5.10 a.m. on Wednesday 17 August, listeners to Radio Lesotho heard an announcement by King Letsie III, which was repeated at frequent intervals in place of normal programmes. The statement said that Parliament had been dissolved, and was followed by the national anthem.

The announcement of what was immediately recognised as an attempted coup, sparked off a major public protest. A crowd swarmed outside the palace, calling for the abolition of the monarchy. An army vehicle which drove into the crowd was stoned, and the soldiers in the vehicle opened fire. Some four people were killed, and several others severely wounded. Later, news emerged of a protest in Quthing in which two people were killed, and two Members of Parliament for the district arrested.

Events in Lesotho were closely monitored in South Africa where President Mugabe of Zimbabwe was at the time visiting President Mandela.

On Thursday, the situation remained confused, with Ministers of the elected government still for the most part in their offices, and the Foreign Minister, Molapo Qhobela, stating that the government of Ntsu Mokhehle was still in control. However, ministerial cars were taken away from cabinet ministers, forcing them to walk or to get lifts. Meanwhile, Radio Lesotho provided no further information as to what was transpiring, and merely continued to rebroadcast King Letsie’s speech and the national anthem..

However, the events of Wednesday were in the meantime purported to be legalised by the issue of a Lesotho Government Gazette Extraordinary (no. 73 of 1994 dated 17th August), in which the ‘Lesotho Order 1994’ inter alia vested legislative authority in the King, dissolved parliament, and suspended large portions of the Lesotho Constitution. A Council of Ministers was established to advise and assist the King, and an Indemnity Order was also published protecting the Crown, the army, the police, civil servants and others from any civil or criminal legal action taken against them relating to virtually any activities undertaken from 17 August onwards in support of the Lesotho Order 1994.back to top

Announcement of Council of Ministers

On Friday 19th August, the shape of a new government began to emerge. The Chairman of the Council of Ministers was to be Hae Phoofolo, a former Deputy Governor of the Central Bank, who had been dismissed from this post and had been convicted of fraud and spent time in gaol, but had, since his release, attempted to regain respectability as a civil rights lawyer. The new Minister of Foreign Affairs was to be Retšelisitsoe Sekhonyana, leader of the Basotho National Party, who had never accepted the results of the 1993 elections (in which his party lost every seat), despite the elections having been declared free and fair by numerous international observer groups. A former Minister of Finance in previous non-democratic governments, he was also generally believed to be the wealthiest man in Lesotho, or alternatively to have the largest unpaid debts to Lesotho Bank, a matter on which legal action was pending. The six members of the new Council of Ministers sworn in on Friday morning included ’Mamello Morrison, a journalist whose newspaper Mphatlalatsane had been a tireless supporter of the reinstatement of King Moshoeshoe II. She became the new Minister of Information. Accepting the position of Minister of Agriculture, was Khauta Khasu, who had left the BCP in 1992 in a fit of pique, when he was not elected to high office. The party which he had subsequently formed with Phoka Chaolane had fared very badly in the 1993 elections, only collecting a handful of votes. Sworn in as Minister of Finance was Moletsane Monyake, Director of the Lesotho National Development Corporation. His activities had been investigated in the extraordinary episode when, with LNDC support, several hundred Chinese had paid large sums in Hong Kong to become Lesotho citizens. The money had subsequently disappeared, and their citizenships had been revoked with serious international repercussions. The sixth member was ’Mathabiso Mosala of the Lesotho National Council of Women who became Minister of Labour.

The remainder of the 16 members of the Council of Ministers was still a matter of conjecture, but well-informed sources indicated that Vincent Malebo, Leader of the Marematlou Freedom Party, and Khalaki Sello, a distinguished lawyer, and close associate of King Moshoeshoe II, had both turned down invitations to serve. It was believed, however, that persons likely to accept included the King’s brother, Seeiso Seeiso; Charles Mofeli of the United Democratic Party, a party which normally polled derisory totals at elections; Chief Khoabane of Thaba-Bosiu, a strong supporter of King Moshoeshoe II; and Major-General Lekhanya, who had led the 1986 Military Coup, and had later been forced out of office by disaffected junior ranks.back to top

Chief Justice Acts Under Apparent Duress

Meanwhile, there was an obvious absurdity in the swearing in of the six new members of the new Council. The Council was sworn in by Chief Justice Lebona Kheola, apparently under duress, not long after he had granted on the same morning a High Court Order in which all the significant portions of the Lesotho Order 1994 had been declared with immediate effect null and void, together with any other legislative instrument made contrary to the Constitution of Lesotho. The case had been brought by L. Pheko & Company on behalf of the Prime Minister, Dr Ntsu Mokhehle, against His Majesty King Letsie III and the Attorney General. In his affidavit before the court, the Prime Minister referred to King Letsie’s broadcast, in which the King stated he had taken the action that he had because of a petition handed over to him in which ‘many people and the leaders of the people had expressed concern’. However, he (Ntsu Mokhehle) had not seen the petition and could not therefore comment thereon.back to top

Protests Against Illegal Regime

Internal protest inside Lesotho was building up in a number of ways. The Chamber of Commerce and Industry noted the developments with grave dismay. The Lesotho Council of Non-Governmental Organisations called for a complete suspension of government and commercial activities as a sign of protest on the following Monday and Tuesday. This was supported by the Law Society, which also called upon legal practitioners and the judiciary to suspend court appearances for two weeks. On Sunday 21 August, the Law Society held an extraordinary meeting following which it requested an audience with the Chief Justice to find out the circumstances leading to the swearing in of the so-called new Council of Ministers in violation of a valid interim court order granted by him declaring the King’s action as null and void. A sequel to this was that three days later the Law Society indicated that it had lost confidence in Chief Justice Kheola, and called upon him to resign.

The two-day stayaway on Monday 22 August and Tuesday 23 August resulted in Maseru becoming as deserted as on a Sunday, indeed even more so, because even businesses such as the Maseru Cafe were closed. Schools throughout the country were also closed. News came through that in South Africa support was coming from the Congress of South African Trade Unions (COSATU), which was indefinitely urging its members not to handle goods going to or from Lesotho. Amongst statements from diplomats stationed in Maseru was one from the United States announcing an immediate suspension of aid. There were few statements coming from the new ‘government’, but an ominous statement was issued by the ‘Minister of Information’, ’Mamello Morrison, who said that ‘one of the assignments that the King has given us is the purification of the public service, the security forces and the judiciary’.

Meanwhile, Archbishop Desmond Tutu arrived in Maseru. His familiarity with Lesotho had been gained in past years by his work as a lecturer in the University there, and later as Bishop of Lesotho. On the Monday, he met both the King and Cabinet Ministers, but his attempts to mediate were unsuccessful.

More authority was wielded by the Presidents of Botswana, South Africa and Zimbabwe who met in Gaborone on the Tuesday, and summoned King Letsie to meet them in Pretoria on the Thursday. Meanwhile, as many as six Lesotho Cabinet Members were assembled in Pretoria, including the Minister of Finance, Dr Senaoana, stranded on his way back from a conference in Indonesia, and Dr Raditapole, the Minister of Health. The Minister of Natural Resources, Tšeliso Makhakhe, appealed to South Africa to blockade Lesotho and to force the King to back down.back to top

Ultimatum to King to Reverse Coup and Reinstate Legal Goverment

Both Dr Mokhehle and King Letsie III travelled to Pretoria on the Wednesday and met with Presidents Mugabe, Mandela and Masire on Thursday 25 August. Further weight was added by the presence of the Secretary-General of the Organisation of African Unity, Salim Ahmed Salim. As a result of the meeting, the King was given a week (until Thursday September 1st) to reverse his action.

General speculation was that the King’s likely response to the ultimatum was going to be abdication in favour of his father, the former King Moshoeshoe II. A statement had in any case already been made by the Chairman of the new ‘Council of Ministers’, Hae Phoofolo, saying that it was intended to modify the constitution and return King Moshoeshoe II to the throne.

King Letsie, did not however abdicate, possibly because of the difficulty of devising an appropriate legal formula to do so, when the whole of the legal profession was on strike. He was by now in a difficult situation, with strong condemnation of his action from both the United States and the United Kingdom. There was also a statement dated 24 August from the European Union that read:

Unless the constitutional process is immediately restored and the purported removal of the democratically-elected Government reversed, the European Union will proceed to a review of the relations between the European Union and Lesotho, including the programme for development cooperation.

On Wednesday 31 August, the Foreign Ministers of Botswana, South Africa and Zimbabwe had gathered in Maseru, and apparently a letter was handed over to King Letsie raising the threat of economic sanctions if King Letsie did not reinstate the government he had purported to sack. However, it seems that King Letsie prevaricated, and according to a close aide, asked Mokhehle to join a provisional council to prepare for elections the following March. Meanwhile the Attorney-General of the democratically-elected government, Fine Maema, was still in position, and he issued statements to the press that King Letsie’s action had been unconstitutional, and that it was impossible to reinstate King Moshoeshoe II within the present legal framework.

Although the deadline for King Letsie to restore democracy had been Thursday 1 September, the foreign ministers decided to give King Letsie an extension until Monday to reinstate the government.back to top

Negotiations to Restore Legal Government Continue

In the event, King Letsie apparently realised that the odds were now totally stacked against him. On Friday 2 September he announced that he was handing back government to those who had been democratically elected. Despite a curfew that had been declared to be in force since August 17, jubilant crowds took to the streets of Maseru that evening, believing that they were celebrating the return to power of the government that they had themselves chosen. However, in the event the handover did not take place as expected.

The reports on 2 September had followed negotiations between King Letsie and representatives from Botswana (the High Commissioner to Pretoria), Zimbabwe (the Permanent Secretary for Foreign Affairs), and South Africa (Mr Rusty Evans, the Director or Diplomatic Affairs, equivalent to a Permanent Secretary in the new South African structure).

On the following Monday 5 September, Rusty Evans issued a statement that King Letsie had made an ‘absolute agreement’ to restore Dr. Mokhehle’s government. However, the modalities of the restoration became obscured as Evans met E. R. Sekhonyana (Leader of the Basotho National Party defeated in the 1993 elections, and now ‘Foreign Minister’ in the government which had seized power on 17th August). Sekhonyana later met the King.

By the following day Evans was stating that the government would be reinstated in days if not within hours. He observed that the two fundamental problems related to the powers and status of the King and to the security situation. However, Mokhehle had agreed in principle to reinstate King Letsie’s father, Moshoeshoe II, although this would require a constitutional amendment. Observing that the army was loyal to the opposition Basotho National Party, which had failed to win a single seat in the last election, he noted that there was concern that if the Basutoland Congress Party of Ntsu Mokhehle was returned to power, there might be an uncontrolled reaction from the defence force. Mokhehle had asked that the neighbouring states should place a military force in Maseru to address the threat. However, he added that ‘we don’t see it as that sort of mortal threat’. However, South Africa, Zimbabwe, and Botswana had undertaken to guarantee the accord likely to be signed.

Meanwhile concern about the delays in restoring democracy were being expressed by the National NGO Steering Committee through its head, Caleb Sello, and following a meeting on the Tuesday, a further two-day strike was called for Thursday and Friday.

On Wednesday 7 September, the restoration process was brought to an abrupt halt, when it was announced that ’MaSeeiso Seeiso, the only sister of King Letsie, and daughter of King Moshoeshoe II, had died suddenly, the cause of death being not immediately clear. It was said that she had died of a stroke, which most people thought improbable for a person in her 20s. There were other reports circulating about serious problems within the Royal Family, including a report that Queen ’MaMohato, mother of King Letsie and wife of King Moshoeshoe had been injured a few days earlier in a dispute with her husband, in which it was said she had defended democracy. She was admitted to Pelonomi Hospital in Bloemfontein, and needed treatment lasting several days. It also appeared that Seeiso Seeiso, brother to King Letsie had been assaulted and robbed of his vehicle by villagers, while on the way to Thaba-Bosiu to meet Principal Chief Khoabane Letsie, a strong supporter of King Moshoeshoe II.

Meanwhile, the members of the government which had been installed on 17th August were also apparently not feeling secure, and it was said that a number of them were sleeping in the Makoanyane Barracks, including E. R. Sekhonyana and ’Mamello Morrison, the ‘Minister of Information’. Certainly several stories which were circulating at the time were later discovered to be untrue. One such untrue story was that while Ms Morrison was staying away from home, a lorry arrived at her former house in Seapoint, Maseru, and the driver said he was instructed to pick up her belongings for removal to a new ministerial house. The belongings were duly loaded, and apparently then disappeared. In fact, no such incident occurred

Because of the death of Princess ’MaSeeiso, a request was made to the negotiating team that a period of mourning must ensue. As a mark of respect, matters were postponed to the following Monday. However, the strike called by the Lesotho Council of NGOs occurred notwithstanding, and there was a complete cessation of all business activities on the Thursday and Friday, with even Lesotho Airways suspending operations. All teachers were also on strike, adding to the section of the teaching force had already been out on strike because of a pay claim.

On Monday 12 September when matters resumed, the King, who was presumed to be under pressure from the politicians of his newly formed Council of Ministers, refused to sign the agreement which would reinstate the Mokhehle government. The Leader of the Basutoland Congress Party and brother of Ntsu Mokhehle, Shakhane Mokhehle, then issued a call for immediate sanctions against Lesotho. back to top

Legal Government Restored

However, on Wednesday 14 September, King Letsie III backtracked, and did finally sign the agreement. In the afternoon, Dr Mokhehle issued a statement from State House confirming that his Government and Parliament were now fully operational, and thanked the international mediators for their support.

Maseru was again the scene of celebrations, although the more thoughtful were conscious of the instability which remained as long as the army remained disloyal to its government. In this regard, it seemed that the international negotiating team had made some provision for further discussions, and informed sources indicated that there was likely to be a high level delegation arriving in Maseru from Botswana on the Friday, including Botswana’s Foreign Minister and two high ranking members of the Botswana Defence Force. back to top

[updated to 30 September 1994]