(MENAFN- The Post) MASERU – SUSPENDED Lesotho tourism Development Corporation (LTDC) boss, Dr Retšelisitsoe Nko, has launched a legal fight to challenge the decision to suspend him from his job.
In a letter his lawyer sent to the LTDC board on Tuesday, Dr Nko says he was suspended without a hearing.
Dr Nko is facing an attempted murder charge after he allegedly shot a tourist who had reportedly manhandled his son during a fracas at a lodge during the holidays.
He was subsequently shot on the leg during a tussle over a gun.
Dr Nko appeared before the Maseru magistrates' court on a stretcher last week. On Tuesday, he was wheeled into court on a wheelchair.
Through his lawyer Advocate Christopher Lephuthing, Dr Nko argued that the board took a decision to suspend him without giving him a hearing.
“There were no criminal charges proffered against me to date and any proposed suggestion that I was charged is without factual merit,” he argued.
He says he wants a chance to give his side of the story to his employer.
When Dr Nko appeared before the court for remand, the media was not allowed to enter as the case was in the magistrate's chambers.
His next remand is scheduled for February 7.
In his letter directed to the chairperson of the LTDC board, Dr Nko said his suspension was triggered by what is alleged to be his involvement in criminal offences by assaulting other people or being involved in fights.
“This allegation is said to be tainting the image of the corporation,” he said.
He said there were further allegations that he was fully aware of an Extra-Ordinary Board meeting on December 29 last year that resolved to suspend him.
Dr Nko said the communication that informed him of that meeting is not spelt out and neither does the letter communicate any message that he was ever accorded a hearing prior to the far-reaching decision to place him on suspension on allegations of being involved in criminal acts of assaulting people or fighting.
Advocate Lephuthing demanded to be furnished with the digitally recorded deliberations in original digital format which informed the suspension of his client from duty.
He also demanded the resolution that authorised the engagement of the Human Resource and Remuneration Committee as the investigating body of the alleged misconduct against his client.
He demanded an investigation to ascertain the officers who leaked the confidential letter of suspension on social media. He has demanded disciplinary action against the culprits.
The lawyer said Dr Nko was alleged to have 'failed' to report the shooting incident to his principals, the board or the corporate secretary.
He said the incident took place on December 27, 2022 and hardly less than 24 hours later the corporate secretary invited board members to an extra-ordinary board meeting through a WhatsApp platform whose agenda was to discuss the behaviour of his client.
“We advisedly underscore the agenda item which dealt with my client in order to illustrate that Dr Nko's guilt was predetermined and the agenda item was framed in a prejudicial manner to the client,” Advocate Lephuthing said.
Advocate Lephuthing said his client, who was evidently injured from the shooting incident less than 48 hours prior to the issuance of the suspension letter, was expected to have reported the matter while nursing fresh gun-shot wounds.
He said his client has since 'informally learnt' (as it was never communicated to him formally) that the Human Resource and Remunerations Committee has been tasked with the mandate of investigating his alleged misconduct at the instance of the board chairperson.
“This initiative leaves a lot to be desired given the fact that the same body is an integral part of the board that has already taken a decision to suspend him without according him a hearing,” the lawyer said.
Advocate Lephuthing said the board is clearly functus officio on the matter and it is clearly in breach of corporate governance rules.
It was also wrong in terms of procedural fairness for the board to actively play a part in the investigation of an act of misconduct, he said.
A legal dictionary says functus officio is the principle in terms of which decisions of officials are deemed to be final and binding once they are made.
They cannot, once made, be revoked by the decision maker.
“The board is expected to play a part in deciding (Dr Nko)'s fate in the event that he is found guilty of misconduct,” Advocate Lephuthing said.
He said Dr Nko recorded that the board or the Tourism Minister has to be consistent when dealing with allegations of misconduct of directors of the LTDC.
“This is said against the background that the author of the suspension letter herself is subject of a criminal investigation by the Directorate on Corruption and Economic Offences but to date she remains the Chairperson of the LTDC,” he said, referring to principal secretary Nonkululeko Zaly who is under investigation by the anti-corruption unit.
Advocate Lephuthing said the selective manner of dealing with directors and or members of the board in this regard attract a serious constitutional issue to which Dr Nko reserves the right to approach a proper platform for reprieve.
He said since there were no criminal charges against Dr Nko, the image and reputation of the LTDC has to be counter-balanced with that of his client.
'Malimpho Majoro