Lesotho

A woman died after being shot during violent clashes between factory workers and police during protests over pay, in Maseru. Demonstrations spilled over into violence in the second week of industrial action, with looting and damage to several businesses in the capital, Maseru.
The strike started in mid-May 2021, and workers have been fighting running battles with police and army officers who have been blocking the protests, which they say are “in contravention of Covid-19 regulations”. Last week, workers blocked roads with rocks, logs, broken streetlamps and rubbish bins, which the police dispersed with a water cannon. Armed police and army officers were deployed. Gunfire could be heard until early on Wednesday morning. During these clashes, a worker, Motselisi Manase, was fatally shot.

Police officers attending a worker protest at the Thetsane industrial area in Maseru shot at protesters with rubber bullets, leaving three hospitalised. The victims were part of a group of protesters who gathered at the factories on 26 April to demand a salary increase. Hundreds of factory workers downed tools and blocked roads in the area, prompting the police to fire rubber bullets to disperse them.
National police spokesperson Senior Superintendent Mpiti Mopeli said the police had no option but to fire rubber bullets at the protestors, as they were blocking other employees from entering their companies’ premises. The picketing workers were eventually dispersed by armed police officers.

Hundreds of nurses employed by Queen Mamohato Memorial Hospital (QMMH) had their employment terminated on 12 March 2021 after they went on strike to demand wage increases to match their counterparts in government and private institutions. A week after their dismissal, Health Minister Semano Sekatle announced that the government had resolved to cut ties with the Tšepong Consortium, which runs QMMH, over the alleged unprocedural dismissal of the nurses and other issues.

Bull Clothing, a garment factory, fired 253 workers, accusing them of taking strike action. It then rehired them, on new contracts and at lower salaries, subject to a three-month trial period.
The workers were fired in August 2020 after gathering to ask the company why a payment of 800 maLoti (US$46) from the government had been delayed or withheld by management. The company accused them of taking wildcat strike action and fired 253 workers.
When the workers asked for their severance packages, the company offered to rehire them on unfavourable terms, including the loss of their severance packages and accrued benefits. Workers would also be subject to a three-month probation period at significantly reduced wages.
The workers are represented by the Independent Democratic Union of Lesotho (IDUL). After negotiations with Bull failed, the union met with the labour ministry in an attempt to find a solution. However, none could be found, and the conciliation tribunal, which could have helped in resolving the case, remains backlogged. The union is concerned that the company has secret plans to close the Lesotho factory and move the operation to another country. By firing the workers, the company has attempted to reduce its liability for severance packages, which workers have earned over many years of service.

The management at the Liqhobong diamond mine in the Maluti mountains, controlled by UK-based company Firestone Diamonds, will not allow access to the Independent Democratic Union of Lesotho (IDUL), which is seeking to organise the workers there.

Letsatsi Ntsibolane, chair of the Lesotho Association of Teachers (LAT), was dismissed on 30 January 2019 for allegedly neglecting his teaching duties last November and inciting teachers to join a strike that the government considered illegal. The three education unions, LAT, the Lesotho Teachers Trade Union (LTTU) and the Lesotho School Principals Association (LESPA) had called on their members to strike for better pay and working conditions.
Global union federation Education International accused the government of intimidatory tactics aimed at dissuading teachers’ unions from taking action to defend their rights under national and international labour law. It also accused it of interfering in the activities of the teachers’ unions, by ordering the police to stop them from holding meetings.
The government denied the allegations that it was violating teachers’ rights and said it considered the teachers’ grievances to be very genuine and worthy of its utmost attention. A ministerial sub-committee was appointed to deal with the issues.

On 28^th July 2017, Letseng Diamonds (70 per cent owned by the British-based Gem Diamonds and 30 per cent by the government) dismissed as unfounded allegations by mineworkers’ unions that it imposed exploitative working conditions on miners. Earlier in February the company applied for an exemption from provisions of the Labour Code that limit weekly working time to no more than 45 hours and obligates an employer to pay double for work done during a day of rest or public holiday. Workers, represented by the Construction and Mine Workers Associations Union (CAMAU), demanded action to address poor safety and health in the mine, including lack of any protective gear and no medical aid. They also raised concerns over the practice of hiring expatriates, which has affected organising efforts. Although the company accepted facilitation of dialogue by the Minister of Mining, it has continued to refuse workers’ demands over improvement of working and employment conditions.

The Lesotho Correctional Service (LCS) has dismissed its Staff Association Secretary-General and Acting President, Lebonejoang Ramohalali, who had been suspended since January 2016, for commenting on the new Lesotho Correctional Services Bill on the radio.

On 4 January 2016, Ramohalali took part in a programme of the regional branch of the PC FM radio station. He commented on the fact that the new Lesotho Correctional Services Bill, which regulated offences and punishment for the staff, was passed without the input of opposition MPs who were at that time boycotting the National Assembly. On 6 January, the LCS management suspended Ramohalali for speaking without authorisation and for “blatantly undermining or questioning the wisdom of the legislature”. On 18 April, he was informed about being demoted to the lowest rank while he was still on suspension. On 24 August, Ramohalali took part in another radio programme during which he said that the new Bill only focused on the offences and punishment for the staff and not on their welfare. The programme was brutally interrupted by three armed employees of the LCS. On 15 September, Ramohalali received a letter from the LCS management dated 7 September, informing him about the intention to terminate his employment and demanding reaction within 21 working days. The LCS issued a letter of dismissal on 12 October, prior to the end of the notice period, thereby failing to account for the date of effective termination.

The Ministry of Public Service ordered all public servants to report for work in light of the stay-away action and a protest march planned for 19 May by the Alliance of Non-State Actors.

The day of protests was organised by the “Alliance of Non-State Actors” - comprising the Maseru Region Taxi Operators, Lesotho Council of Non-Governmental Organisations, trade unions (including Lentsoe la Sechaba, the Independent Democratic Union of Lesotho, the National Clothing Textile and the Allied Workers Union, United Textile Employees), and businesses represented by the Lesotho Chamber of Commerce and Industry.

The Alliance sought to pressure the Government into implementing the Southern African Development Community’s (SADC’s) Commission of Inquiry recommendations concerning measures to be taken in relation to the killing of former Lesotho Defence Force (LDF) commander, Maaparankoe Mahao. This followed concerns over the impact of a delay on Lesotho’s compliance with the rule of law requirements and, therefore, its eligibility for development aid.

The Ministry of Public Service ordered all government departments to enforce an attendance register and ensure the presence of all workers on the day of protest. The management of the Lesotho Correctional Service issued a similar directive. Furthermore, the Police Superintendent refused to approve the Alliance’s application for organising the march. Upon the Alliance’s appeal, his decision was overturned by the High Court and the march took place as planned.

When the National Union of Commerce Catering and Allied Workers instigated strike action against Sun International South Africa company with respect to the payment of higher wages and the use of casual labour, the company secured working permits for replacement workers from Business Units in Kimberley, Bloemfontein and Thaba Nchu in South Africa.

The National University of Lesotho (NUL) management has acquired a court order blocking a strike by the Lesotho University Teachers’ and Researchers’ Union (LUTARU). Workers asked management for a 15 per cent pay increase and the signature of a recognition agreement.

The General Secretary of the Lesotho Congress of Democratic Unions (LECODU), Tšeliso Ramochela, has called for better labour regulations in the textile industry. Speaking during a textile workers’ strike in August 2011 he warned that workers were being exploited in an industry dominated by Chinese employers. Levels of union organising have improved across the country’s all-important textile industry in recent years but many employers still ignore labour laws or exploit weaknesses in the law.

The country has a poor record on respecting trade union rights. In the private sector, the complex procedures and employers’ anti-union attitude make it very difficult to operate a trade union. Although the law prohibits anti-union discrimination, many employers still stop union organisers from entering factory premises to organise workers or represent them in disputes. In some cases, employers intimidate union organisers and members, threatening the latter with dismissal, particularly in domestic industries.

Because the strike procedure is complicated, there have not been any official strikes in the country for many years. There have been regular spontaneous protest actions over the years, however. As these are technically defined as illegal, workers continue to risk losing their jobs and being taken to court.