A parliamentary committee has ordered the army to pay M200,000 compensation to the widow of a soldier who was killed at the Katse Military Barracks in September 1998 when South African troops invaded Lesotho to quell a military rebellion.
The order is a blow to the Lesotho Defence Force (LDF) who had erroneously paid the M200,000 to the deceased, Thabo Takane’s mother years after his burial. This is despite the fact that his wife, Molemo Takane, was listed as the official beneficiary on his employment records.
This improper disbursement of funds, discovered decades after Takane’s death, led to a protracted legal battle for Molemo, until she sought the parliamentary portfolio committee on the prime minister cluster’s intervention.
Takane was among the 16 soldiers who were killed by South African troops in helicopter attacks targeting the Katse Military Barracks in September 1998. According to media reports then, a platoon comprising 44 soldiers from the Bloemfontein-based Parachute Brigade besieged the barracks while the rest of the SA intervention force headed into Maseru on September 22, 1998.
During the hearing this week, LDF commander, Lieutenant General Mojalefa Letsoela, informed the committee that South Africa had provided M200,000 in compensation to each of the families of deceased soldiers, several years after their burial.
Lt. Gen. Letsoela asserted that the LDF adhered to Section (3) (c) of the Lesotho Defence Force Act, and performed its legal obligations by providing compensation and all other benefits to the widows as per the deceased’s designated beneficiaries.
The compensation had been successfully distributed to the correct beneficiaries in every case, with exception to Molemo’s claim, which had been marred by family issues, he said.
After compensation funds were availed by South Africa, Takane’s mother approached the LDF with a claim on the compensation, despite the fact that the deceased’s wife was officially named as the beneficiary, he noted.
Lt. Gen. Letsoela further explained that the LDF’s error in paying out the M200,000 to Takane’s mother was rooted in a letter from the family, which stated that Molemo was “nowhere to be found” since her husband’s death.
This dubious claim led the LDF to allocate the money to Takane’s mother inadvertently overlooking the wife’s legal entitlement as the designated beneficiary in the deceased’s official documentation.
The army boss acknowledged the error and said the LDF was deeply aware of the harm it had caused, committing to resolving it as soon as possible.
“We are aware that a mistake was made and we do not shy away from admitting it. Even in our interactions with Mme (Molemo), we have not lost sight of the gravity of our misstep. We are still pained by it and very much want this widow to receive her rightful benefits.
“This widow was there at her husband’s funeral. We all saw her, we all cried together. She was there throughout. But then, years later, when it came time to distribute the compensation, Takane’s mother was presented to the LDF by the family as the beneficiary, saying that the daughter-in-law was nowhere to be found,” Lt. Gen. Letsoela stated.
He went on to recall that when Molemo surfaced asking for the compensation, the LDF realised their error and immediately alerted the Ministry of defence, but the matter has not been resolved.
Deputy principal secretary, Limpho Motanyane, acting on behalf of the principal secretary in the Ministry of Defence revealed to the committee that the delay in resolving the issue was due to apprehension over financial compliance.
She noted that the finance department within the ministry had been hesitant to pay Molemo, worried that if they do, the ministry would be audited for paying the same family twice.
In an apparent contradiction, Motanyane had acknowledged that while the Attorney General had confirmed that payment to the wife would not constitute a double payment due to the previous allocation to the incorrect beneficiary, the finance department within the ministry was still unwilling to proceed.
“The Attorney General ruled that the money was paid, but to the wrong beneficiary. However, this was not the fault of the rightful beneficiary. We find ourselves in a conundrum as our finance department fears that approving this transaction may invite an audit query,” Motanyane said.
Unsatisfied with the finance department’s reluctance, the committee insisted that the ministry should proceed with the payment to Molemo. The committee indicated it would justify any audit queries that may arise after that.
In its ruling, the committee concurred with the judgment of the Attorney General, who had previously determined that the widow was the rightful beneficiary as documented in the deceased’s official records. It then instructed the Ministry of Defence and the LDF to collaborate and promptly pay the amount due with accrued interest to account for the depreciation of the funds over the years.
The committee also expressed its conviction that the misappropriation of the funds demanded consequences, stating that not only should the responsible LDF officers held accountable for the wrong payment, but the government should also find a way to reclaim the money from the deceased’s mother.
“The Attorney General’s ruling stands as it is. This matter should have been resolved immediately after the ruling, ensuring the deceased’s wife received her rightful compensation.
“Following this meeting, the ministry and the LDF are expected to cooperate and ensure that Mme (Molemo) receives her due payment with interest, compensating for the devaluation of the money over these long years, said the committee chairperson, Moshe Makotoko.
In her own testimony, Molemo confirmed to the committee that all other related benefits to her husband, including leave pay, terminal benefits and so on, were received by her, but the compensation money was not.
“The LDF has repeatedly assured me that they would pay me, but I have yet to see any progress. After waiting in vain for a resolution, I decided to turn to this committee for help,” she added.
