26 October 2021
FORMER PRIME MINISTER TOM THABANE BACKS FRAZER SOLAR
EXONERATES TSOLO, AND THROWS MAJORO UNDER THE BUS
In June 2021, the Government of Lesotho (‘GOL’) submitted an urgent application to the High Court of South Africa requesting that the court set aside Court Order allowing for the asset seizures commenced by Frazer Solar GmbH (‘FSG’) to satisfy its €50 million arbitration award.
On 15 October 2021, Ntate Thabane provided a confirmatory affidavit in relation to the FSG matter, confirming that the statements ‘insofar as they relate to him are correct’ in Dr Majoro’s founding affidavit. This simple statement has profound effects as it simultaneously corroborates Frazer Solar’s version of events, exonerates former Minister Tsolo and calls into question Prime Minister Majoro and the government’s entire case.
Dr Majoro’s primary argument against Frazer Solar is that former Minister Tsolo signed the Supply Agreement unilaterally, without any approval or instruction, for a corrupt purpose, and that he kept all information relating to the arbitration process concealed from all the relevant officials for 2.5 years (despite not being a Minister for a large part of that period).
Dr Majoro’s affidavit contains at least four mentions of Ntate Thabane’s support for the project and that he “wanted it to proceed” and to proceed with “immediate implementation” as well as the letter of termination sent by Frazer Solar on 29 July 2019 sent directly to Ntate Thabane.
With Ntate Thabane confirming that these documents are correct, he has also confirmed that he wanted the project to proceed and that he knew of the legal dispute. Thabane’s affidavit notably does not make any attempt to support, endorse, corroborate or confirm any of the other allegations Dr Majoro has made against Frazer Solar, former Minister Tsolo or the way in which the legal process was handled.
Statement from Frazer Solar
A spokesperson for Frazer Solar said: “We would like to express our sincere thanks to former Prime Minister Thomas Thabane for his support, his intervention has cleared the air with regards to our project and the subsequent breach caused by Dr Majoro’s obstruction and his refusal to finalise the finance agreement. Not only has Ntate Thabane corroborated our version of events, but appears to have reiterated his support for what would have been a transformative project for Basotho.”
The parties are preparing for the upcoming hearings in South Africa, Mauritius and Lesotho and Frazer Solar has additional information it will release to the media in coming days.
References in Majoro’s Founding Affidavit:
1. Page 172. Prime Minister desired immediate implementation of the project
2. Page 191. Prime Minister and Minister Tsolo wanted the project to proceed
3. Page 270. Prime Minister has confirmed he wants to proceed
4. Page 271. Prime Minister will secure a policy clearance for [Dr Majoro]
5. Page 285. Agreement termination letter 29 July 2019 from FSG sent to the PM personally
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.