By Neo Kolane
The ministry of natural resources’ department of mining has come under immense fire over its perceived reluctance to cooperate with parliament’s portfolio committee on natural resources.
This after the department’s repeated failure to provide the committee with documents that it requires to probe allegations of improper activities by some mines, which have put them on a collision course with communities in their areas of operation.
As a result, the chairman of the committee Moeketsi Motṥoane, has fired a broadside at the department, accusing its officials of blatantly undermining the committee by withholding vital information.
“It has become a habit for the department of mining to dilly-dally when it has to surrender information. This has been happening for a long time now.
“This hinders the committee’s efforts to get some insight into how the department works, because its officials never provide concrete information when asked for documents.
“It seems there is no order at the ministry of natural resources. I want the conduct of the officers to end at the ministry; they should not bring it to the committee meetings,” a seething Motṥoane said.
The acting commissioner of mines, Mohato Moima, the ministry’s chief legal officer Mathalea Lerotholi and its deputy principal secretary Lisema Lekhooana last week appeared before the committee where they were unable to present documents relating to the re-opening of Kolo Mine in Mafeteng four months ago. They claimed they were not aware that the committee would require them to provide such documents.
The natural resources officials had been summoned after the community of Kolo Ha Petlane had petitioned the ministry over the reopening of the mine. The villagers were demanding answers on the circumstances and terms under which Reskol Diamond Mine had resumed mining operations in their area.
The company had been officially barred from conducting any mining activities in 2021 after it had allegedly reneged on its promises to implement infrastructure developments in the area such as road construction and relocation of some houses damaged by blasting operations.
Reskol had taken over the mining rights in 2011 from Angel Diamond which faced liquidation, after entering into a joint venture with the government of Lesotho on the Kolo Mine. The government owns 10 percent of the company, which had a 10-year lease from the mining ministry. Its mining lease expired in 2021.
After the lease deadline, Reskol applied for renewal but that was turned down by the mining ministry on the basis that the company had breached some of its obligations as enshrined in the Mining and Minerals Act of 2005 and the issued mining lease.
The three officials did not provide the requested documents pertaining to Reskol and its activities, which they were expected to present before the portfolio committee.
According to Motṥoane, the documents had been listed in an email inviting the ministry to present before the committee.
Other committee members also slammed the conduct of the department of mining, which they said gave politicians an impression that it is weak.
Meanwhile, local political party Yearn for Economic Sustainability (YES) last week requested the committee to urgently summon the ministry of mining to account for allowing Letṥeng Diamond to contravene Section 11 Subsection (1c) of the Mines and Minerals Act 2005, which gives preference to Lesotho goods and services.
This followed the mine’s November 15, 2023 announcement that it was insourcing its mining activities.
“We therefore request your urgent intervention before we go to court of law as this is standard procedure.
“We would like to be summoned to explain why believe there is contravene of this act,” YES noted.
The committee then decided to invite the department of mines to come explain their services at Letṥeng, so that when the mine is eventually summoned, it would be having an insight into the relationship between the ministry and Letṥeng.
For this petition, Moima said the department of mining regulates the mining industry using the Mine and Mineral Act of 2005.
He said the petition that talks about Section 11 will be explained by the legal advisor who then said does not understand the petition.
In this regard, Lerotholi indicated, she will have to read this section which she says if she remembers well talks of preference to Lesotho goods.
She said she does not know what she is supposed to answer to pertaining to the petition.
This is the same petition which was taken to the ministry after it was received by the commission.
There seemed to be a back and forth between the DPS and the legal advisor who both did not have an answer to the petition.
According to the National Assembly’s Standing Order No 95, the portfolio committee’s powers and functions include:
d) monitor, investigate, enquire into, and make recommendations relating to the legislative programme, budget, rationalisation, restructuring, functioning, organisation, structure, personnel, policy formulation or any other relevant matter of Government Ministries and Departments;
Portfolio Committees may – (a) (2) call for papers, hear oral evidence, which may, by resolution of the committee, be recorded and transcribed.
Earlier this month, the minister of natural resources, Mohlomi Moleko, made headlines when he withheld key information on government affairs from the portfolio committee.
This included the feasibility study of Polihali and bill of quantities.
Moleko failed to appear before the committee where he was expected to present documents concerning contracts between the Lesotho Highlands Development Authority (LHDA) and two contractors under Phase II project.
His excuse was that prime minister Sam Maketane had directed him to officiate a tree planting event in Qacha’s Nek, and he also had confused the dates, as the Monday was a public holiday.
Moleko was reminded that the committee is the very same one which will help his ministry to solve problems if they arise.
Social media went abuzz on Wednesday April 4, 2024 that a warrant of arrest would be issued against Moleko.
Motṥoane told this publication that a warrant was never issued because Moleko had apologised to the committee and promised to appear it the following day.
“We did not have to go that far,” Motṥoane explained.
Weighing in on the ministry of natural resources’ apparent disregard for the portfolio committee, constitutional lawyer, Karabo Mohau, unequivocally stated that parliament is a body that needs to be respected because of its role in government.
“It has the prerogative to summon whoever, and the law expects that everyone submits to its authority when subpoenaed. Any behaviour to the contrary is regarded as an act of contempt.
“Similarly, a person is not allowed to act in contempt when being summoned by the parliament. At times, people do not have an understanding of the level of institution (Parliament) and that they need to respect it.
“This goes together with the fact that Parliament needs to teach people, including civil servants, about the importance of respecting it. This is because it represents everyone and helps them to abide and not repeat their mistakes,” Mohau said.
