Soldiers jailed 20 years for Tang murder

…as CJ Sakoane questions “selective justice”

…demands answers on commanders who gave orders and officials who delayed prosecution

Hopolang Mokhopi

CHIEF Justice Sakoane Sakoane has questioned what he described as apparent selective justice in the prosecution of the murder of Lisebo Tang, asking why only junior soldiers have been punished while commanders who allegedly ordered the deadly operation and officials who frustrated investigations have not been charged.

The Chief Justice raised the concerns this week as he sentenced two Lesotho Defence Force (LDF) members, Sergeant Tjekane Sebolai and Corporal Selone Ratšiu, to 20 years’ imprisonment each for Tang’s murder.

In his judgment, Justice Sakoane said the evidence presented before the court pointed to a military operation carried out under orders from superiors, yet those alleged to have issued the commands were not among the accused standing trial.

He also criticised the handling of the case after the shooting, highlighting unexplained delays in arresting the suspects, the failure to immediately surrender murder weapons to police and actions that appeared to have frustrated investigations.

Questioning why those responsible for issuing orders and obstructing justice had escaped prosecution, Justice Sakoane directed the Registrar of the High Court to forward the judgment to the Commander of the Lesotho Defence Force, the Commissioner of Police and the Director of Public Prosecutions for consideration of possible action against commanders implicated in the operation.

The remarks came as the court imposed 20-year prison sentences on Sebolai and Ratšiu for murder, 10 years for the attempted murder of Tšepo Jane and four years for malicious damage to property. The sentences will run concurrently, meaning the pair will effectively serve 20 years behind bars.

The pair were convicted of murdering Ms Tang, attempting to kill Mr Jane and riddling the vehicle carrying the victims with bullets during a military operation.

In imposing sentence, Justice Sakoane said the court had carefully considered whether the death penalty, which remains the prescribed punishment for murder in Lesotho unless extenuating circumstances exist, was appropriate.

The court ultimately found that extenuating circumstances existed because of the military environment in which the accused operated.

“The accused belong to a class of junior soldiers whose task is to obey superior orders or risk being court-martialed,” Justice Sakoane said.

He referred to testimony from LDF Commander, Lieutenant General Mojalefa Letsoela, who argued during the trial that commanders who issued the orders should also bear responsibility rather than allowing junior soldiers alone to carry the burden of criminal liability.

The commander had used an analogy of a trained dog carrying out instructions from its owner to illustrate how soldiers are conditioned to obey orders from their superiors. Justice Sakoane clarified that the analogy was not intended to demean soldiers but rather to demonstrate the powerful culture of obedience that exists within military structures.

The court heard evidence that soldiers are trained to place obedience above all else, with severe consequences for refusing orders.

However, Justice Sakoane stressed that military discipline can never be used as a shield for unlawful conduct.

“Anything done which is contrary to this primary duty is unconstitutional and illegal,” he said, referring to the military’s constitutional obligation to protect citizens and safeguard the sovereignty of the country.

Despite acknowledging the influence of military culture, the Chief Justice found the offences exceptionally serious.

Ms Tang was killed in what the court described as a brutal attack involving AK-47 rifles. She sustained multiple gunshot wounds to vital parts of her body. Mr Jane survived but spent at least 11 days in hospital recovering from his injuries.

Justice Sakoane said the sentence needed to reflect society’s outrage.

“The sentence imposed must express public abhorrence of the behaviour of these members of the army. It is essential so that the Lesotho Defence Force can regain the love and confidence of citizens.”

Yet while sentencing the two soldiers, the Chief Justice repeatedly returned to a troubling question: why were only the junior soldiers before the court when evidence suggested the operation had been directed by senior officers?

He said the evidence raised concerns about selective justice and accountability within the military chain of command.

Equally troubling to the court was the conduct of individuals who allegedly frustrated investigations and delayed the administration of justice.

Justice Sakoane noted that the accused soldiers were only arrested three years after the incident despite the seriousness of the allegations against them.

The court found this delay difficult to justify.

“A significant point raised involved the delays in arrest and prosecution, which were attributed to the inaction of army commanders and procedural lapses,” Justice Sakoane observed.

He expressed concern that justice had been unnecessarily delayed and suggested that responsible authorities had failed to act with the urgency demanded by a murder investigation.

The court further scrutinised the handling of crucial evidence, particularly the firearms used during the attack.

Justice Sakoane revealed that the AK-47 rifles allegedly used in the murder were never immediately surrendered to police investigators. Instead, they were reportedly passed from one soldier to another within the army.

“Even the firearms were not handed in. What happens is that these are murder weapons but what the army does is to give other soldiers the very same murder weapons,” the Chief Justice said.

The court heard that the handling of the weapons created difficulties for investigators and potentially compromised forensic evidence.

Justice Sakoane noted that even ballistic experts faced challenges linking the weapons conclusively to the crime because of the manner in which they had been handled after the shooting.

His remarks suggested concern that actions by military authorities may have undermined efforts to secure evidence and prosecute those responsible.

The Chief Justice also questioned why no action appeared to have been taken against individuals responsible for these failures.

Throughout the judgment, he emphasised that accountability cannot stop with the individuals who pulled the trigger.

His comments echoed testimony by Lt-Gen Letsoela, who had argued that commanders who issue unlawful orders should shoulder greater responsibility than the subordinates who execute them.

Justice Sakoane’s judgment appears to place renewed pressure on law enforcement agencies and prosecutors to examine the conduct of senior military officers and others who may have played a role in the operation or its subsequent cover-up.

While acknowledging the remorse shown by the two convicted soldiers, their previously clean records and good military service, the Chief Justice said those considerations could not outweigh the gravity of the crimes.

He further ordered that the rifles and ammunition used in the offences be handed over to police for destruction.

The judgment is likely to have far-reaching implications beyond the fate of the two convicted soldiers.

By questioning why commanders remain untouched and why investigations were allegedly obstructed for years, Justice Sakoane has reopened a broader debate about command responsibility, military accountability and equal application of the law.

For now, Sebolai and Ratšiu begin lengthy prison sentences. But the Chief Justice’s judgment leaves hanging an even larger question: whether those who allegedly gave the orders, and those who may have helped shield the perpetrators from justice, will ever be called to account.

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