LCS boss faces boot 

. . . slapped with show cause letter to explain why he should not be fired 

…..Move comes after an inquiry chastised Nkalala as “unfit” to lead the LCS 

Mathatisi Sebusi 

LESOTHO Correctional Services (LCS) Commissioner, Mating Nkakala, has been served with a show cause letter to explain why the Prime Minister should not advise His Majesty King Letsie III to dismiss him for incompetence. 

Minister of Law and Justice, Richard Ramoeletsi, confirmed to the Lesotho Times yesterday that Commissioner Nkakala had received the letter and was yet to respond before action is taken based on his reply. 

However, Mr Ramoeletsi declined to reveal the specific reasons that led to the government’s move to fire the commissioner. 

“I can only confirm that Commissioner Nkakala was served with the show cause letter on Tuesday. I cannot disclose its contents because he is yet to respond to it. I will only be able to talk to you when he has responded,” Mr Ramoeletsi said. 

Despite his guarded remarks, the minister revealed that he had begun implementing some of the recommendations of the Report of the Commission of Inquiry into the escape of inmates from Maseru Central Correctional Institution, 2025. 

“You will recall that some of the recommendations were that certain LCS officers should be put before the courts of law, so I have started implementing those which do not require prosecuting officials,” he added. 

The Lesotho Times understands that Commissioner Nkakala is being pushed out due to  incompetence in managing the service and because of claims that his appointment was politically motivated. He was appointed in 2021 by then Law and Justice Minister, Professor Nqosa Mahao, after the dismissal of former Commissioner Thabang Mothepu. 

The commission’s report, tabled before parliament last Wednesday, described Commissioner Nkakala as “unfit to run the LCS”. 

Commission’s report 

According to the report, Commissioner Nkakala’s appointment was largely driven by political loyalty rather than merit. 

“Evidence revealed that whenever there is a change in government, a new Commissioner is usually appointed. Since 2012, almost all Commissioners have not completed their terms of office, as changes in government often led to their replacement. 

“LCS officials expected that the incumbent Commissioner would have long been removed, given that he was not appointed by the current administration,” the report stated. 

The report also stated that Commissioner Nkakala himself admitted before the commission that his appointment was not transparent and that he had skipped two ranks to be appointed. 

“The incumbent Commissioner confirmed that his appointment was not transparent and that he skipped two ranks when he was elevated. He was holding the rank of Assistant Commissioner. He skipped the ranks of Senior Assistant Commissioner and Deputy Commissioner. He indicated that his appointment was not well received within the LCS.” 

The report also highlighted that his relationship with his deputies was marred by mistrust and lack of teamwork at the leadership level. 

“His leadership lacks the necessary courage and firmness. As a result, he struggles with even basic issues. For example, he gave in to pressure from Deputy Commissioner of Corrections (DCC) Tšolo and his team to transfer Correctional Officer Ratšele from the Maseru Central Correctional Institution (MCCI), even though he believed Ratšele should have faced disciplinary action for serious misconduct.” 

Additionally, the commission concluded that Commissioner Nkakala remains incompetent to lead the LCS and has failed to develop a clear vision for the institution. 

“The Commissioner has been in office for two years but has not developed strategies or policies as required by the LCS Act. There are no strategic initiatives in place. Consequently, there are no structured performance or management meetings, and senior officers feel sidelined. 

“The Commissioner’s excuse for not having senior management meetings was that there are cliques that are obstructive in meetings. The Commissioner did not appear to be bothered that he does not have senior management meetings. It is either the Commissioner does not embrace constructive disagreements, or he is not able to reign over his officers. 

“. . . He was not ready to lead an organisation of the LCS’s magnitude at the time of his appointment. He has leadership gaps to address to lead effectively.” 

Escape of inmates 

On 21 December 2023, six inmates escaped from MCCI. They were: Tumelo Mpopo, Bokang Molengoane, Seboka Motumi, Rethabile Tlali, Aumane Nkoale, and Bokang Tsoako. 

They were later tracked down and recaptured between December 2023 and January 2024 in Maseru, Ramabanta, Qacha’s Nek, and Bloemfontein, South Africa, before being returned to custody. 

Tsoako, who was recaptured on 22 December 2023 at Ha ’Mamochochoko Orphanage in Maseru, was brutally assaulted upon his return to MCCI and later died as a result of his injuries. 

The six were part of 626 inmates who were assaulted, some with planks embedded with nails, raising fears of HIV transmission. 

Tsoako’s death 

The report provides a harrowing account of Tsoako’s final hours. 

“. . . this callous attack took place while Mr Tsoako was already restrained, and corrections officers were having complete control over him. His plea for forgiveness from the time he was recaptured fell on deaf ears. A serious trouble started the moment the motor vehicle that fetched him from his hideout stopped at the MCCI around 15h09. Some members of the search team assaulted him as he alighted the motor vehicle. 

“Hell broke loose the moment Mr Tsoako jumped from the motor vehicle. A horde of officers descended on him like a swarm of bees as he was shoved to the Sergeants’ Office. The officers severely assaulted Mr Tsoako. The assaults continued unabated even as he was lying helplessly on the floor in the Sergeants’ Office. 

“The corrections officers left Mr Tsoako lying on the floor and bleeding from the mouth once they were done assaulting him. Part of his backbone or a rib was protruding on his back. His chances of survival were slim. He was later taken to Queen II Hospital where he could not get help as they arrived after hours. 

“Curiously, instead of corrections officers taking Mr Tsoako directly to Tšepong, as well as Mr Lehloenya Matete, another inmate who was referred to Tšepong due to the assaults by the recruits, they came back to MCCI with them. Their weak explanation is that they needed authorisation to go to Tšepong. Considering how critical both Messrs Tsoako and Matete were, we established that authorisation could have been given even by a telephone call. 

“Mr Matete (LCS officer) testified that Mr Tsoako died in a motor vehicle at the MCCI as they were waiting to be taken to Tšepong. He indicated that even as Mr Tsoako was on the verge of death, some officers came to the motor vehicle and made fun of him as they continued to enjoy their alcohol. And that at some stage one officer exclaimed, ‘he has now died Sir’. 

“Further that on the way to Tšepong, Mr Tsoako’s body was covered with Mr Tlotliso Bereng’s blanket. Mr Bereng confirmed that Mr Tsoako had already died when they left for Tšepong. He testified that as he was about to get in the motor vehicle, he observed Mr Tsoako’s dead body lying therein with eyes still opened. And that the body was covered with fresh blood all over and still shackled. Mr Bereng testified that one officer who realised that he was scared and hesitant to get in the motor vehicle asked him if he feared a dead body. 

“Given that he was terrified by the scene which he described as cruel, Mr Bereng asked the officer to take his blanket and cover the dead body before they left for Tšepong. He needed to get in the car because he was in excruciating pain and required medical treatment. 

“It is noteworthy that the death of Mr Tsoako was reported to the police. However, at the time the Commission commenced its proceedings, the police had not made headway in their investigations, let alone identifying the culprits. It is not clear why an inquest was not triggered pursuant to the Inquest Proclamation of 1954. Undoubtedly, Mr Tsoako died at the MCCI as he was waiting to be taken to Tšepong. 

“Considering the scheme of the Inquest Proclamation, particularly sections 2 to 5 thereof, Mr Tsoako’s body should have left the MCCI only after the police had examined it and on their instruction. Section 2 prescribes a procedure that must be followed where a person appears not to have died from natural causes. A person in charge of the nearest police station must be immediately informed. Failure to do so is an offence. This section has a commendable objective of ensuring that the crime scene is not tampered with, and the police are able to gather as much credible evidence as possible. 

“Contrary to the Commissioner’s evidence that Mr Tsoako’s death was reported to the police immediately, the information from the police docket is that Mr Tsoako’s death was reported to the police on 27 December 2023 by Sgt Thabelo Lesema. And that the police proceeded to the Lesotho Funeral Services mortuary to examine the body on the same day. In terms of section 2(2) of the Inquest Proclamation, the LCS officials committed an offence by failing to report Mr Tsoako’s death immediately.” 

Commissioner Nkakala 

When contacted for comment, Commissioner Commissioner Nkakala first said he was in a meeting and asked to be called later. However, he subsequently ignored calls. This reporter later phoned him using a different number, which he answered and asked that a WhatsApp message be sent instead. He read the message but never responded.