The trial of former Minister in the Prime Minister's Office, Temeki Tšolo, has resumed in the High Court of Lesotho. Dr. Moeketsi Majoro, the country's former Prime Minister, testified as a Crown witness, providing insight into the controversial Frazer Solar deal. The deal, which involved a Memorandum of Understanding (MoU) with German businessman Robert Frazer, exposed Lesotho to a £50 million (approximately M856 million) legal claim. Dr. Majoro's testimony appears to support the Crown's case that Tšolo acted beyond his ministerial authority.
According to Dr. Majoro, Tšolo signed the MoU without Cabinet approval and in violation of government financial procedures. The former Prime Minister told the court that he and the then Minister of Energy raised concerns about the MoU's contents, leading to its withdrawal. Dr. Majoro confirmed that Tšolo had not been authorized to sign any agreement on behalf of the government that carried financial implications. He also stated that he had never authorized Tšolo to act as Minister of Finance in his absence.
The trial has heard testimony from former Secretary in the Prime Minister's Office, 'Masentle Ntobaki. She detailed how Frazer allegedly maintained close contact with Tšolo between September 2017 and May 2018. Ntobaki testified that she was instructed to take the MoU to Tšolo to verify its contents and sign it. Tšolo later returned the document and directed her to send it to the Cabinet Secretariat for registration and numbering before it could be presented to Cabinet.
Ntobaki's testimony revealed that the MoU was presented before Cabinet on 12 June 2018, but was withdrawn shortly after due to concerns raised by Dr. Majoro and the Minister of Energy. Tšolo had apparently hoped to secure Cabinet approval for the deal, but his efforts were thwarted. The trial has also heard that Tšolo subsequently received a revised draft MoU from Frazer.
The Crown's case against Tšolo alleges that he abused his ministerial position to enter into the MoU with Frazer and his company, Frazer Solar, without the necessary Cabinet approval. The agreement is said to have exposed the government to financial prejudice amounting to approximately M856 million. The prosecution argues that Tšolo knew he had no authority to bind the country to such obligations without an express Cabinet resolution.
The trial is being presided over by Justice 'Mafelile Ralebese. The Court of Appeal recently overturned a ruling by High Court's Justice Tšeliso Mokoko, which had permanently stayed the criminal proceedings against Tšolo. The appeal court ordered that the trial be returned to the High Court for a fresh hearing. Tšolo's lawyer has yet to present a defense.
The outcome of the trial will have significant implications for Tšolo and the government of Lesotho. If convicted, Tšolo could face serious consequences for his actions. The trial is expected to continue in the coming weeks, with further witnesses set to testify.
Key points
- Dr. Moeketsi Majoro testified that Tšolo signed the MoU without Cabinet approval and in violation of government financial procedures.
- The Frazer Solar deal exposed Lesotho to a £50 million (approximately M856 million) legal claim.
- The trial has heard testimony from two Crown witnesses, including Dr. Majoro and former Secretary in the Prime Minister's Office, 'Masentle Ntobaki.
