Battle over curfew looms

MASERU – A fierce legal battle looms over the government’s decision to impose a curfew in response to the rampant crimes that have rocked the country over the past few weeks.

The government imposed a 10pm to 4am curfew on Tuesday.

The decision comes after a bloody three weeks in which over 40 people, including a Tšenola FM presenter, have been murdered.

Other crimes have also escalated in recent weeks, triggering criticisms against Prime Minister Sam Matekane’s administration which came to power on promises to go tough on criminals.

But the curfew, which the government views as a stopgap measure in the fight against crime, has come under attack from opposition politicians who say it’s infective, unconstitutional and disproportionate.

A local lawyer has threatened to sue the government if it doesn’t reverse the curfew.

The hostility towards the curfew was on display during debate in parliament on Tuesday.

The Basotho Action Party (BAP) leader, Professor Nqosa Mahao, said the curfew was unconstitutional.

“The curfew is unlawful, we are not criminals by refusing this miscalculation,” said Professor Mahao, who is an expert in constitutional law.

“We were sworn using the Bible where we pledged to protect the constitution at all costs.”

The Democratic Congress (DC) leader, Mathibeli Mokhothu, said the curfew did not follow the right procedures.

Mokhothu said the curfew should have followed a declaration of a state of emergency. He said he was worried that the “police will beat innocent people yet the killers will be roaming freely in South Africa”.

“Imposing the curfew will not help anything as people die during daylight,” Mokhothu said.

He cited recent incidents in which four people were killed (two in Qoaling and two in Khubetsoana) in daylight.

“It happened between 2pm and 5pm and not at night,” he said.

Yesterday Advocate Fusi Sehapi, from Goldman Mustard, a law firm, advised the government to reverse the curfew or else he would challenge it in court.

“The fight against criminals must be made within the confines of the law, lest it encroach into the rights of the innocent law-abiding citizens,” Advocate Sehapi said in a letter to the Minister of Local Government, Chieftainship, Home Affairs and Police.

“The law requires that the protection of public life and public safety be obtained less painfully,” he said.

“The less intrusive manner of securing public life and safety is to deploy more security personnel to patrol the country day and night.”

Advocate Sehapi said during curfews “innocent civilians lose teeth, form and shape and even lives, because there are no legal and other guarantees and safeguards put forth to ensure that the security personnel operate within the strict confines of the law”.

He called on the government to invest more in the security sector by providing police with training, enough vehicles, armoury, forensic equipment, properly paid risk allowances and clear and unbiased promotions to motivate them.

He said the government must “reverse the decision of limiting movement before its implementation, failing which I shall have no alternative but to invoke infinite curiae relief”.

In response to the MPs’ criticism in parliament on Tuesday, Communications Minister Nthati Moorosi said the curfew was part of a comprehensive plan by the government to deal with crime.

Moorosi said the MPs should allow the government to spell out its strategy before the parliament’s winter break.

“Our strategy includes inspecting the gun licences,” Moorosi said.

She also condemned the killing of journalist Ralikonelo Joki.

Nkheli Liphoto