…after Foreign Affairs officer falls into uncovered drainage trench at downtown Maseru complex
Moorosi Tsiane
THE Lesotho National Development Corporation (LNDC) is facing a M200 000 lawsuit after a senior government official allegedly sustained injuries when he fell into an uncovered drainage trench at one of the corporation’s commercial properties in central Maseru.
The suit, filed before the High Court by Ministry of Foreign Affairs and International Relations officer, Setloke Lekhela, accuses LNDC of negligence and failure to maintain infrastructure under its control, resulting in injuries, financial loss and emotional distress.
In court papers, Mr Lekhela argues that the accident was entirely preventable and stemmed from LNDC’s alleged failure to secure or repair a damaged drainage trench located within the busy LNDC downtown complex.
According to his founding affidavit, the incident occurred on 22 February 2026 at around midday as he returned from shopping at Shoprite.
Mr Lekhela says he was walking past a Vodacom outlet at LNDC while pushing a trolley loaded with groceries when he unexpectedly fell into the trench.
“On or about the 22nd February 2026 around 12:00 midday, while I was returning from Shoprite situated at LNDC downtown and as I was passing in front of Vodacom Centre downtown, I fell into a damaged drainage trench which had been left open and unattended by the respondent herein,” Mr Lekhela states.
“As a result of the fall, I sustained injuries on my knees and feet.”
He contends that LNDC had a legal duty to ensure that the premises remained safe for public use and to repair or barricade hazardous areas.
According to the application, the drainage trench posed an obvious danger to members of the public using one of the capital’s busiest shopping and business districts.
Mr Lekhela argues that had LNDC exercised reasonable care in maintaining the area, the incident could have been avoided.
Beyond the physical injuries, he claims the accident also caused financial losses.
At the time of the incident, he had completed his shopping and was transporting groceries in a trolley.
He alleges that some of the groceries were damaged and rendered unusable after being scattered during the fall.
“At the time of the incident, I was pushing a trolley containing groceries, some of which were damaged and perished as a result of the accident,” he says.
Mr Lekhela further claims that the incident unfolded in full public view, causing him humiliation and embarrassment.
“The incident also caused me considerable embarrassment as onlookers laughed while I struggled to rise from the fall.”
He says the injuries left him unable to walk home and forced him to incur additional transport costs.
According to the affidavit, he had to hire a private taxi to take him home following the accident.
The following day, he reported the matter to Maseru Central Police Station and was issued with a medical report form before seeking treatment.
“On or around 23 February 2026, I reported the matter to Maseru Central Police Station, where I was issued with a medical form. I subsequently attended Karabo Family Clinic where I received medical attention for the injuries sustained.”
Court papers further show that before instituting legal proceedings, Mr Lekhela attempted to resolve the matter outside court.
Through his legal representatives, he issued LNDC with a formal letter of demand seeking compensation for the alleged injuries and related losses.
However, he claims the corporation did not engage with him.
In a point highlighted in his court papers, Mr Lekhela alleges that LNDC only moved to address the hazard after receiving the demand letter.
“I approached the respondent through my legal counsel as a means to settle the matter amicably and a letter of demand was issued upon the respondent, contents of which were neglected by LNDC but responded by closing the trench instead.”
Mr Lekhela argues that the subsequent closure of the trench reinforced his contention that the area had posed a safety risk.
He is now seeking M200 000 in damages for pain and suffering, medical expenses and transport costs.
He is also asking the court to award legal costs on the punitive attorney-and-client scale.
LNDC is yet to file its opposing papers.
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