CIVICUS speaks about press freedoms in Lesotho with Kananelo Boloetse, chairperson of the Lesotho Chapter of the Media Institute of Southern Africa (MISA Lesotho).
Established in 1996, MISA Lesotho is a civil society organisation (CSO) dedicated to monitoring, investigating and reporting on violations and promoting media freedoms and the freedom of expression through research, advocacy, collaboration and capacity development.
What are the conditions for media and journalism in Lesotho?
Press freedoms are under threat in Lesotho. There have been recent cases of violence against journalists. On 14 May 2023, Ralikonelo Joki, a brave journalist known as Leqhashasha, was ambushed and fatally shot outside the Tšenolo FM studio in Maseru, the capital city. This event sparked outrage locally and internationally, with UNESCO’s director general, Audrey Azoulay, condemning the killing and urging authorities to investigate and hold those responsible accountable. In response to the killing, the government imposed a nationwide curfew, which was later lifted. Four suspects accused of Joki’s murder appeared in court in June, but the case is still ongoing.
Historically, the main tool used by the government to suppress media was criminal defamation. But a 2016 case led to the repeal of criminal defamation laws. That year, the Lesotho Times published a satirical story about the influence of Lieutenant General Tlali Kamoli, then commander of Lesotho’s Defence Force, on the governing cabinet. This led to the authorities arresting the publisher and criminally charging him with defamation. But he challenged the accusations and, in a landmark decision, the Lesotho High Court, acting as a constitutional court, unanimously declared criminal defamation incompatible with the constitution. This ushered in a new era for the press in Lesotho.
But after repealing criminal defamation laws, the government has resorted to other tactics to suppress critical media outlets, particularly economic pressures such as withholding advertising to coerce them into self-censorship.
Additionally, private companies and individuals are using civil defamation lawsuits and threats of these against media and journalists. For instance, in July 2023 it was reported that a former member of the Lesotho Communications Authority had sued a major weekly publication, Public Eye, for defamation, seeking damages of 1.7 million Loti (approx. US$91,000), arguing that the publication had tarnished his reputation and compromised his professional standing.
There have been other recent cases. In February 2024, the publishers of Lesotho Tribune reported that their publications were facing various legal actions initiated by private companies, which they interpreted as aimed at undermining media independence. They said these cases had instilled fear and panic in their newsroom and forced them to redirect resources towards defending their right to continue reporting and publishing news.
Also in February 2024, Newsday reported that it was embroiled in a conflict with local businessperson Thabiso Moroahae and his company Tholo Energy Services and its South African counterpart. The media outlet was accused of defamation and threatened that unless it retracted and issued a formal apology, it would face a 20 million Loti (approx. US$1 million) lawsuit. The company also announced it would seek to have Newsday’s licence suspended. The dispute arose in response to a Newsday exposé of a South African High Court judgment that dismissed Tholo Energy Services’ appeal for a substantial tax refund from the South African Revenue Services. The article dissected the court ruling, revealing what it described as a ‘meticulously crafted scheme’ to claim tax benefits unlawfully. Newsday didn’t retract, and so far no legal proceedings have been initiated against it.
How has civil society reacted to this pressure?
To address the government’s use of economic coercion tactics, civil society has advocated for a reform of procedures to allocate government advertising in order to ensure advertising funds are distributed fairly among registered media outlets.
MISA Lesotho also advocates for constitutional protections to explicitly safeguard press freedom and the right to access information. These rights and freedoms should be enshrined in Chapter 2 of the Lesotho Constitution. Constitutional safeguards are essential for maintaining the integrity of the media and upholding democratic principles.
We also push for the implementation of comprehensive national reforms, including the establishment of a Media Ombudsman to provide an impartial avenue for addressing complaints against journalists and media outlets. When it comes to resolving complaints, impartiality, speed and cost-effectiveness are key to creating a transparent and accountable media landscape, free of fear and corruption.
What international support does Lesotho’s civil society receive, and what further support does it need?
Lesotho’s civil society benefits from support from international organisations, CSOs and governments, in the form of financial assistance, technical assistance, capacity development and advocacy and networking opportunities, among others.
While we value what we already receive, we could use some additional assistance to, for example, strengthen the institutional capacity of CSOs in Lesotho, including by improving governance structures, financial management systems and strategic planning processes.
Additional support is also required to strengthen civil society’s capacity for advocacy and policy influence, particularly in the areas of good governance, human rights, gender equality and social justice. Better networking and collaboration among CSOs could also be beneficial as it would facilitate greater coordination, information sharing and collective action on common priorities.
Finally, it is essential to enhance the long-term effectiveness, sustainability and resilience of CSOs in Lesotho, including by diversifying funding sources, building partnerships with local stakeholders and promoting organisational resilience strategies.
Civic space in Lesotho is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with MISA Lesotho through its website or Facebook page, and follow @NewMisa_Lesotho and @YourKayBol on Twitter.
