9 May 2025 by Limpho Sello 

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The Lesotho Nursing Council (LNC) has sued two nursing assistants accused of unlawfully operating clinics in Ha-Seleso, Ha-Leqele, and Thaba-Bosiu in Maseru.

The two—Joalane Lemphane and Mpiti David Matsela—allegedly violated regulations governing the establishment and operation of clinics and pharmacies in Lesotho.

According to the LNC, neither Lemphane nor Matsela possesses the necessary credentials to legally open or manage such facilities. Lemphane was caught during a joint inspection by the LNC and the Lesotho Mounted Police Service on April 22, 2025.

LNC is a statutory regulatory body established by the act of the Parliament and continues to exist in terms of the Nurses and Midwives Act, 1998 ( Gazette No. 49 of 17th June, 1998). 

Speaking to Uncensored News on May 6, 2025, LNC Legal Officer Advocate Posholi Malebanye explained that the law permits only registered nurses or nurse-midwives with at least five years of experience to establish and operate a health facility.

“We found that the Seleso Clinic, operated by Lemphane, was doing so illegally. She does not meet the required qualifications,” said Malebanye.

He added that under proper procedures, nursing assistants are expected to work under the supervision of qualified nurses, not independently run clinics. 

“When things are done right, a nursing assistant operates under supervision. But in this case, Lemphane was acting outside the bounds of the law,” Malebanye emphasised. 

Adv Malebanye added, “ the inspection team visited three private facilities that day, and while two were run by qualified nurses and operating legally, Seleso Clinic was the only one in violation.”

Meanwhile, another nursing assistant, Mpiti David Matsela, has also come under fire for illegally operating two clinics—Tsepong Health Centre at Ha-Leqele and Khorong Health Clinic in Thaba-Bosiu. 

Despite a High Court order issued on 20 February 2024 instructing him to cease operations, Matsela allegedly continued running both facilities. 

“Investigations by the LNC revealed in October 2024 that his clinics were still operational despite the court order. This indicates a violation of that order, which amounts to contempt of court,” said Malebanye. 

“We have since filed a contempt of court application to compel Matsela to comply. As it stands, the case is before the court but not yet finalized. He has not yet been found in contempt, but the process is ongoing.” 

This reporter previously covered Matsela’s case in an October 2020 Lesotho Times article that reported on allegations of him operating an unlicensed abortion clinic. LNC Registrar Flavia Moetsana-Poka has echoed concerns about the slow pace of justice.

She noted that while the Council has the authority to regulate nurses and health facilities, it must rely on the court system to act on violations—a process that is often delayed due to postponed hearings and backlogs. 

“We cannot take the law into our own hands. We have to depend on the courts once we have done our part. Unfortunately, the delays hinder timely action,” she said. 

Despite the legal challenges, she said the LNC remains committed to monthly inspections as a deterrent and educational measure.

“I believe regular inspections can instill fear and encourage compliance among those operating illegally,” she said.  

However, Moetsana-Poka admitted that resource constraints—especially reliance on government subvention—make frequent inspections difficult. 

“Inspections are critical because they yield visible results wherever we go. But reaching remote districts increases costs related to fuel and accommodation for our inspectors,” she added. 

She said the LNC acts in the interest of the public (protecting the public), safeguarding the public by promoting good practice, preventing poor practice and intervening in unacceptable practice of the cadres it regulates. 

She further indicated that the Council sets Nursing and Midwifery standards to guide practice and ensure that all registrants practice within their scope of practice and adhere to the set standards. 

Looking ahead, she said the LNC is planning to include legislators in future inspection visits to help raise community awareness about the dangers of illegal clinics.

“The idea is to have lawmakers witness the situation firsthand so they can return to their constituencies and educate communities about the risks and legal consequences,” she said. 

Advocate Malebanye stressed the importance of public vigilance. He urged people to check for valid licenses posted at health facilities and to verify the service provider’s credentials. “People must take their safety seriously. They should demand transparency and legitimacy when seeking healthcare from private providers,” he said.