18 October 2021
MAJORO RISKS CONTEMPT PROCEEDINGS
FOLLOWING PERJURY CLAIM
The following statement and update in legal proceedings has been provided on the record to members of the press:
In September 2021, the Government of Lesotho (‘GOL’) submitted a petition to the High Court of Lesotho requesting that the court nullify a Supply Agreement signed between Frazer Solar GmbH (‘FSG’) and the GOL.
The supply agreement in question was signed between the GOL and FSG, and was breached by the GOL in 2019. The dispute was referred to an independent arbitrator, and FSG was awarded EUR 50 million (M856 million) in damages in 2020. In the months since, the award has been enforced against a number of Lesotho’s overseas assets.
Allegations of Perjury Against Dr Moeketsi Majoro
The GOL’s submission to the High Court of Lesotho included an affidavit signed by Dr Moeketsi Majoro, Prime Minister of Lesotho. Dr Majoro purportedly undertook his deposition in Maseru in the presence of a Commissioner of Oaths, on 20 September 2021.
However, according to an official press release issued by the Government of Lesotho, Dr Majoro left the Kingdom of Lesotho on 19 September 2021 to attend the United Nations General Assembly in New York, USA. It is therefore impossible for Dr Majoro to have deposited to the affidavit as claimed.
FSG’s lawyers contend that Dr Majoro’s conduct is perjurious, a clear criminal offence which can lead to imprisonment. Dr Majoro’s lawyers have denied the allegations.
Statement from Frazer Solar
A spokesperson for FSG said: “A pattern is emerging in Dr Majoro’s attitude to these legal proceedings. He appears to think himself, his government, and his decisions to be above the law. Having first ignored legal proceedings for more than two years, he has now perjured himself in formal legal paperwork by a total disregard for truth and for due process. The unifying theme here is contempt not only for these proceedings, not only for the judiciary itself, but for the people whose interests he has been elected to represent.”
Readers can make up their own minds by looking at the evidence here.
Notes to Editors
In January 2020, an independent arbitrator ruled in Frazer Solar’s favour concerning a series of contractual breaches committed by the Kingdom of Lesotho, related to a renewable energy project developed by the company. Lesotho was ordered to pay Frazer Solar €50 million in damages but failed to do so.
Consequently, in May 2021, Frazer Solar’s lawyers commenced a worldwide enforcement action against assets held by the Kingdom.