LESOTHO: RADIO STATION WINS CASE AGAINST GOVERNMENT

UNCLAS MASERU 000339

SIPDIS

SIPDIS

DEPT ALSO FOR AF/S

E.O. 12958: N/A
TAGS: KDEM PREL PGOV LT
SUBJECT: LESOTHO: RADIO STATION WINS CASE AGAINST GOVERNMENT

REF: MASERU 258 AND PREVIOUS


1. SUMMARY: Harvest FM, a popular local private anti-government
radio station, won a last minute court case against the GOL on
Saturday, June 9. The outcome of the case overturned a Ministry
of Tourism decision to deny the station the right to rent the
National Convention Center to celebrate its four-year
anniversary. The tense situation which evolved on Saturday with
Harvest FM supporters massing both at the Convention Center and
at the High Court was peaceably resolved following the decision,
but the strained relationship between the GOL and some of the
more strident voices in Lesotho's private media will likely
continue. However, the swift and independent ruling by the High
Court is a victory for the rule of law in the Mountain Kingdom.
END SUMMARY.



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Whose Convention Center is it Anyway?

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2. On Saturday, June 9, a conflict over rental of the National
Convention Center between Lesotho's Ministry of Tourism and
popular local anti-government radio station Harvest FM reached
Lesotho's high court. Harvest FM presenters reported that they
follow all procedures to rent the auditorium for the station's
fourth anniversary celebration and paid the required deposit.
Midday on Saturday, Harvest FM management learned that the
Ministry of Tourism, the government ministry with authority over
the National Convention Center, had decided not to allow the
radio station to use the facility.




3. Following the GOL decision, Harvest FM supports massed at
both the National Convention Center and at the High Court, and
callers to local radio discussion programs began to harshly
criticize the Ministry of Tourism decision. Representatives of
Harvest FM quickly filed a legal case, which was reviewed almost
immediately. The court ruled in favor of Harvest FM at 8:00 pm,
and the evening anniversary celebration went ahead as planned.



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Harvesting Judicial Independence?

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4. Since Lesotho's February 2007 National Assembly Elections,
Harvest FM has increasingly solidified its position as the voice
of the nation's political opposition and the GOL's most strident
critic. However, this position has come with a price. After
the elections, during which the station's presenters and callers
harshly criticized the electoral process and the governing
party, Harvest FM was taken off the air under mysterious
circumstances only to reappear after twenty-four hours. One of
its most popular presenters, Pastor Adam Lekhoaba, was deported
to South Africa after being declared an illegal alien. (NOTE:
Lekhoaba's case is under the court's consideration currently.
END NOTE.)




5. COMMENT: The Ministry of Tourism's attempt to deny the radio
station access to the National Convention Center will likely
only make the station more popular with its politically-oriented
listeners. However, the court's swift decision in favor of the
station does strike an increasingly positive chord to the tune
of judicial independence in the Mountain Kingdom. Although the
political parties and the legislature are finding it difficult
to achieve harmony and effective governance, the judiciary shows
a growing adherence to and promulgation of the rule of law. END
COMMENT.

MURPHY