PARLIAMENT OF THE KINGDOM OF LESOTHO
SENATE
COMMITTEE ON PETITIONS
REPORT ON MRS ‘MALEBOHANG MOTHAE’S DELAYED TERMINAL BENEFITS
REPORT NO. 4 SEPTEMBER 2025
PART 1
1.0 INTRODUCTION
On the 19th November 2024 the Honourable President announced that the Office of the Clerk had received a petition (Annexure 1) from one Mrs ‘Malebohang Mothae who pleaded for the Committees intervention in regard to her delayed terminal benefits from the Ministry of Education. The Petition was referred to the Petitions Committee, herein referred to as the Committee.
2.0 OPERATIONS OF THE COMMITTEE
The Committee conducted three meetings while addressing the matter.
2.1 The first meeting was held on the Tuesday 20th May 2025 and was attended by the Petitioner Mrs Mothae, the Ministry of Education, which was represented by the Principal Secretary, Director Human Resource, Director Development and Remuneration and the Chief Executive Officer Teaching service.
2.2 The Second meeting was held on 12th June 2025 where the following Offices were present, Ministry of Education, Lesotho Mounted Police Service.
The report presents the summary of deliberations, findings and recommendations by the Committee.
PART II
3.0 TERMS OF REFERENCE OF THE COMMITTEE
The terms of reference of the Petitions Committee are provided under the Standing Order 89 as follows:
(1) There shall be established under this Standing Order a Petitions Committee which shall continue for the term of the Senate.
(2) The Petitions Committee shall, in accordance with these Standing Orders –
(a) consider petitions referred to it by either the Senate or the President, and obtain inputs or evidence thereon;
(b) exercise an oversight function over the executive authority and any organ of state through the receipt and consideration of petitions, including the implementation of legislation and thereby maintain their accountability to Parliament;
(c) perform other functions, tasks and duties as may be resolved by the Senate.
(3) The Petitions Committee may-
(a) call for papers, hear oral evidence, which may , by resolution of the committee, be recorded and transcribed;
(b) consult and liaise with Government Ministries and departments;
(c) ensure the attendance of any person at a meeting of the committee in terms of the Parliamentary Powers and Privileges Act of 1994; and
(d) establish sub-committees.
(4) Upon conclusion of business laid down for their consideration, the Committee must adopt a report and may make recommendations to the Senate which shall then take final decisions.
4.0 COMPOSITION OF THE COMMITTEE
1. Hon. Senator M. Kanetsi Chairperson
2. Hon. Senator Dr. T. Lebese Member
3. Hon. Senator P. Mathealira Member
4. Hon. Senator M.L.Q Majara Member
5. Hon. Senator S. Motsamai Member
6. Hon. Senator M.S. Maama Member
7. Hon. Senator L.L. Seeiso Member
8. Hon. Senator S.B. Seeiso Member
9. Hon. Senator L. Khoaele Member
10. Hon. Senator T.K.T. Matela Member
11. Hon. Senator N.A. Bereng Member
12. Hon. Senator S.G. Masupha Member
The following Members took part deliberations.
- Hon. K.L.K Theko Chief Whip
- Hon. T. Matela Deputy Chief Whip
- Hon. M. Mokhathali Senator
- Hon. Q. Sekonyela Senator
- Hon. M.Makhaola Senator
- Hon. M.Lebona Senator
- Hon. J.A. Mot’soene Senator
- Hon. L.L. Seeiso Senator
4.1 COMMITTEE SECRETARIAT
1. Ms ‘Maliako Lehloenya Committee Clerk
2. Mrs. ‘Maseephephe Matete (Adv) Chief Legal Officer
3. Mr Papiso (Adv) Legal Officer
PART III
5.0 STAKEHOLDERS SUBMISSIONS
5.1 MRS ‘MALEBOHANG MOTHAE (PETITIONER)
Mrs Mothae presented that she was a teacher by profession. In 2013 she enrolled into a newly introduced programme known as the ‘Performance Contract’ that was a Five year contract of principals. She showed that upon receiving her contract she noticed that her contract period ended in 2018 while other Principals’ contracts ended in 2017.
Mrs Mothae further showed that that upon receiving her contract she noticed that on the year 2017 which was the year of end of contract, the number ‘7’ had been altered to number ‘8’ to read 2018. She added that she notified the Human Resource office in Mohale’s Hoek of the difference of the period of contracts where she was advised to continue with her service since her contract stipulated that it was to end in 2018.
Mrs. Mothae further indicated that in 2017, she approached the office of the Human Resource once again to inform them that other principals had received letters of end of service but she had not received one, where she was advised to continue with her service since her contract was to end in 2018 as per the contract. She then served for six months after the year 2017.
She further took the Committee in her confidence that in 2018 she made a follow up of her gratuity where she was informed that her file was missing from the registry. As a result, she provided the office with the contract that she had. It was then revealed that she had served beyond her term of contract for six months, therefore she had been overpaid. She stated that the office also revealed that it was uncomfortable with the alteration of the number ‘7’ on the year 2017 to2018 on the contract she had provided.
5.3 MINISTRY OF EDUCATION
The Ministry presented that in 2010 the Ministry engaged Principals in a performance contract that was fixed for a duration of Five years which was in line with the Education Act, 2010.
The Ministry acknowledged that Mrs Mothae did approach the Ministry, Teaching Service Commission (TSD) in regard to her pending benefits following the end of her contract. The Ministry discovered that Mrs Mothae’s file was missing in the registry, the office made attempts were made to recover the file, when the file was discovered, it noted that the original contract (the offices copy) was missing from the file while on the other Mrs Mothae had a copy in of her contract that seemed to have been tempered with.
The Ministry noted that Mrs Mothae’s contract should have expired in 2017 since it was a 5 year contract as stipulated in the law, but the number ‘7’ on the year 2017 was cancelled and replaced with number ‘8’ to read 2018. The Ministry also noted that next to the 2018 existed a signature as acknowledgement to the cancellation that extended Mrs Mothae’s term of contract with six more months.
The Ministry showed that it suspected that there was mischief of the weeding of files since weeding was a regular unpopular practice at that time and also suspected that the contract that Mrs Mothae had in hand was fraudulent and therefore reported the matter to the Lesotho Mounted Police Service (LMPS).
Following the engagement of the LMPS, the police conducted the interviews with members of staff that were present at the time and asked for signature specimens to try to establish a similarity between the provided specimens and the signature on the contract. It was showed that retired officers from the Teaching Service Department who were responsible for employment contracts at that time were contacted and provided their signatures as well. However the investigating officer showed that they could not establish any similarly from the provided signatures.
The Ministry showed that it has engaged with the investigating officer on the feedback on the investigations but officer stated that his office has encountered a challenge. The officer informed the ministry that it could not establish any similarities with the provided specimens and the signature, on the contract provided by Mrs Mothae, nonetheless, a formal written report on the findings was still not provided and that hindered the Ministry from process the payment.
The Ministry further outlined, despite the incomplete investigations one other challenge it encountered was the acknowledgement of the overpayment from Mrs Mothae where it further showed that normally in cases where an overpayment had taken place, an overpaid official is advised and expected to acknowledge the receipt of the overpayment before his benefits could be processed.
5.4 LESOTHO MOUNTED POLICE SERVICE
Lesotho Mounted Police Service advised the Ministry of Education to proceed with the Mrs Mothaes payment of terminal benefits regardless of the criminal case pending investigation before the LMPS. LMPS also stated that the investigation as to who fraudulently altered the performance contract of the complainant to extend her contract for six months cannot be considered as a stumbling block impeding the Ministry of Education and Ministry of Finance-Pensions from processing the five (5) years terminal benefits that Mrs Mothae had lawfully worked for. LMPS further recommended that the Ministry of Education and Pension proceed to pay Mrs Mothae’s benefits only money for five years not suspected unlawful over payment of six (6) months.
The LMPS sadly informed the Committee that this case has been submitted for forensics. However, there is only one forensic expert the entire country within the LMPS. The said police officer is attached to the Lesotho Electricity Company (Pty) Ltd (LEC) as the LEC has donated the machinery conducting the forensics. The said machinery as well is located at the LEC premises.
PART IV
6.0 OBSEVATIONS
6.1 The Committee noted with great concern the weak communication between the officers served by the Teaching Service Department officers who are to retire and the Teaching Service Commission. Mrs Mothae’s case clearly shows that there was no communication between the two parties.
6.2 The Teaching Service Commission registry uses a manual system for filing for documents in the moving world of work.
6.3 The Committee noted with great concern that the Ministry continued to remunerate Mrs Mothae for six months after she had served her five year contract that has been stipulated in the law, this shows how negligent the officials at the TSD are.
6.4 One of the hindrances to Mrs Mothae’s payment of benefits was the acknowledgement of an overpayment; the Committee felt the Ministry did not advise Mrs. Mothae enough on the acknowledgement of the overpayment which would have paved way for payment of her terminal benefits.
6.5 The Committee noted with great concern that there is only one police officer who is a forensic expert attached at LEC and serves the entire country with the equipment that does not even belong to the LMPS.
Following the engagement with the Ministry of Education and Lesotho Mounted Police. On the 26th August 2025 the Committee received a communication from Mrs Mothae that indicated that she had received her payment. And thanked the Committee on its intervention.
7.0 RECOMMENDATIONS
7.1 There is need for proper communication channels between the upcoming retirees and TSD.
7.2 There is need to fast track the digital filing process of files to avoid cases similar to the one before the Committee.
7.3 Teaching Service Department officials should he held liable for extending Mrs. Mothae’s contract which resulted to an overpayment while the law was clear that the duration of the performance contract was Five years.
7.4 Following the submission of the formal written report by the Lesotho Mounted Police Service, advised Mrs Mothae to acknowledge the receipt of an overpayment for the Ministry to proceed with her payment of benefits.
7.5 The Committee recommended that the Commissioner of Police should ensure that there is enough recruitment of forensic experts within the LMPS and the necessary equipment that enables them to conduct the forensic investigations timeously and effectively.
8.0 CONCLUSION
Subject to Standing Order 52 (3) the Committee on Petitions wishes to submit the report for the adoption by House.