THE army yesterday bowed to pressure and released Liteboho Mahloane after his wife won an uncontested habeas corpus case. Mahloane was detained by the army on July 4. The army’s spokesman, Lieutenant Colonel Sakeng Lekola, told thepost yesterday that “we decided to release him in line with an order of court”.
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“You will recall that we did not even contest the matter in the High Court,” Lt Col Lekola said.
He however declined to comment on whether Mahloane was tortured while in detention which necessitated that he be admitted at the Makoanyane Military Hospital.
Mahloane’s wife, ’Maleseli, told the court that she heard that her husband had been tortured and could die.
The court heard that he could not be taken to court yesterday because he was too sick.
On Tuesday, High Court judge Justice Fumane Khabo ordered the army commander, Lieutenant General Mojalefa Letsoela, to take Mahloane’s body before the court dead or alive.
Justice Khabo issued the order after ’Maleseli filed an urgent habeas corpus application following what she called an abduction of her husband by the army on July 4.
Justice Khabo ordered the army commander to “procure the body of Liteboho Mahloane before this Honourable Court” on July 10 at 10:30am.
But the army appeared before her without “the body of Liteboho Mahloane” yesterday with an explanation that he was too ill to be brought before court.
Advocate Thomas Thakalekoala, who appeared for the army commander, told Justice Khabo that Mahloane was admitted at the Makoanyane Military Hospital.
Justice Khabo ruled that the army could continue keeping him there until he is well or his family could take him to a health facility of their choice.
’Maleseli told Justice Khabo in the affidavit that the army abducted her husband on July 4 at their home in Lekhalong, Leribe, and she did not know where they took him.
“My husband is not a soldier and the army has no jurisdiction over him, as he cannot commit any military offence,” she told Justice Khabo.
’Maleseli said she learnt that Mahloane was at the Makoanyane barracks but when she went there on July 8 she was informed that he was at the military hospital.
So she went to the hospital where she was told that her husband had been transferred to Queen ’Mamohato Memorial Hospital but when she got there, she was told that Mahloane had never been admitted.
“My husband’s whereabouts remain unknown to me save for information that he was abducted by the army at our house and the fact that the army explained that he is at hospital though I could not see him,” she said.
She also told Justice Khabo that one Thapelo Mpiti told her that her husband was at the Makoanyane Military Base in Maseru and was “tortured by the soldiers, unable to speak as a result and that he might die”.
“I am fearful that my husband is undergoing torture, inhumane and degrading treatment,” she said, adding: “He might die, if (he is) not dead already.”
“If still alive, he needs urgent medical attention.”
’Maleseli’s lawyer, Advocate Napo Mafaesa, had argued that the judge’s order should be followed as it was, that Mahloane’s body should be brought before court to be seen.
Habeas corpus is an order to bring a jailed person before a judge or court to find out if that person should really be in jail.
The Merriam-Webster English dictionary describes habeas’ literal meaning as “you should have the body”, that is, the judge or court should (and must) have any person who is being detained brought forward so that the legality of that person’s detention can be assessed.
Habeas corpus is described as a writ issued by a court directing one who holds another in custody to produce the person before the court for a specified purpose.
Caswell Tlali
