Stirring a hornets’ nest

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THERE has been a public uproar following the declaration last week of 12 notorious famo music gangs as subversive and unlawful organisations.

The measure came after a spate of recent murders linked to the famo music gangs in Fobane, Leribe.

The gazette is based on the Internal Security (General) Act of 1984 which gives the home affairs minister vast powers to deal with threats to national security.

Under the gazette, it is now a crime to be a member of any of the 12 “subversive” organisations. Any individual convicted of the crime could be detained without trial for two weeks or be fined between M10 000 and M100 000. They could also be liable to prison sentences of between five and 20 years.

It is quite clear why the government of Prime Minister Sam Matekane has come up with the gazette. It appears desperate to do something about a situation that is clearly getting out of hand.

Matekane was at his persuasive best two years ago in the run-up to the general elections when he promised to take on a criminal mafia stoking the violence in the famo music circles.

His government’s move last week is one of its boldest moves since he assumed office.

Yet in seeking to solve what is clearly a policing issue, the government might have stirred a hornets’ nest, judging by the swift and vicious responses from a few human rights lawyers who spoke to thepost this week.

For a start, there is a concern, and rightly so, that the new law might be too overreaching as to undermine Basotho’s basic freedom.

Meanwhile, there is no evidence that the new legal framework is a magic bullet that could deal effectively with the rampant scourge of violence.

The government will also need to balance two competing interests – the need for security and respect of basic freedom of citizens accused of violating the law. That will not be easy.
Especially with a police that is already pushing the boundaries under the current law.

We do however understand that doing nothing under the circumstances was not an option for the government given the massive outcry from Basotho over the deadly violence. This was clearly a case of damned if you do and damned if you don’t.

We therefore understand the rationale behind the move.

We would like to believe that the government, often accused of recoiling into its own cocoon, could be laying the groundwork for a massive operation by the police to crush the famo music gangs.
But that is where problems could get out of hand.

In seeking to crush the famo gangs, the government must strive to operate within the gamut of the law. Our police already have a notorious reputation when it comes to respecting the people’s basic rights.

The police, in their current state, are in a sorry state to fight the famo gangs. Look at how they have struggled to fight petty criminals in Koalabata.

As one lawyer correctly noted elsewhere in this issue, this is a structural issue that will require a multi-modality approach if the government is to succeed in taming the famo gangs.

The government will need to deal with the structural issues stoking the gang culture in Lesotho. They must deal with the kingpins fueling the violence. Those that are convicted of stoking violence must be condemned to long prison sentences.

The corrupt police officers who are working with the famo gangs must be rooted out.

Political party leaders who are working closely with the famo gangs must also be taken to task over their illicit liaisons.

That way, we could begin to see a shift in the battle against the violence.