International Rivers Network
December 18, 2002
The Lesotho High Court dismisses three
applications brought by the former head of the Lesotho Highlands
Development Authority challenging his conviction
for multi-million rand bribery and fraud. MASERU — The Lesotho High Court dismissed three
applications on Wednesday brought by the former head of the Lesotho
Highlands Development Authority challenging his conviction for
multi-million rand bribery and fraud.

The full bench of three judges, including Chief Justice Mahapela
Lehohla, unanimously dismissed the technical applications brought by
Masupha Sole, which are separate from his appeal against his conviction
and 18-year sentence.

Sole’s main application was an objection against the acting appointment
of the Irish judge, Brendon Cullinan, who found him guilty. Sole
claimed Cullinan was overpaid compared to permanently appointed judges.
Judge Michael Ramodibedi, on behalf of the whole court, dismissed this
objection, saying Cullinan’s salary and appointment were justified by
the “complexity of the case, the legal issues involved, the number of
the accused, the fact that it was the first case of its kind in
Lesotho, as well as the international ramifications of the case.”
Ramodibedi said Sole had not objected to Cullinan’s appointment during
the trial and the court accepted the director of public prosecutions’
opinion that Cullinan “conducted Sole’s trial in an impeccably fair
manner.”

Sole’s application for the recusal of the chief justice and Ramodibedi
on the grounds that they were biased was dismissed by the third judge
on the bench, Kelello Guni. Guni said she would provide reasons for her
decision later. Sole’s third application, for the postponement of the
main application against Cullinan’s appointment, was dismissed by the
chief justice who said it was “mind-boggling” to think how long the
courts would be kept waiting for Sole to raise the fees to pay senior
counsel to pursue the application. Sole was found guilty of taking more
than $6 million in bribes from British, Canadian, French, German and
American contractors bidding for the contract to build the Katse Dam,
part of the Lesotho Highlands water project that supplies water to
South Africa. His appeal will be heard in the Lesotho Appeal Court in
April 2003.

Ryan Hoover
Africa Program, International Rivers Network
Berkeley, CA