Justia › US Law › Case Law › Federal Courts › District Courts › New Jersey › District of New Jersey › 1985 › Pilgrim Med. Gr. v. Njs Bd. of Med. E.
NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS and Irwin Kimmelman, Attorney General of the State of New Jersey, Defendants.
*838 Horowitz, Bross, Sinins & Imperial by Keith Bonchi, Newark, N.J., for plaintiff.
Irwin I. Kimmelman, Atty. Gen. of N.J. by Joan D. Gelber, Deputy Atty. Gen., Newark, N.J., for defendants.
At issue in this case is a state regulation which prohibits certain abortions in clinics when the same abortions are permitted in hospitals. While recognizing the need to regulate abortions in order to safeguard the health of the patient, the courts must be alert to prevent encroachments upon the constitutional rights of those seeking and entitled to abortions. Requiring that certain abortions be performed only in hospitals increases the costs of the procedure considerably and may thus dissuade or deprive some women otherwise entitled from obtaining such service. Therefore, only if the regulations and restrictions comport with accepted medical practice may they be sustained. While the safety and health of the patient are paramount, and the state has a legitimate interest in their protection, the conditions imposed must be such that they do not thwart the availability of low cost abortions unless mandated by accepted and recognized medical standards. Any distinction between abortions which may be performed in hospitals but not in non-hospital facilities must meet this test. To permit otherwise would result in a violation of the right to abortion now clearly guaranteed by decisions of the United States Supreme Court.
Whatever standards make it appropriate to perform abortions in a hospital *839 setting can be imposed in non-hospital facilities, provided such conditions are consistent with present medical knowledge and practice. No risk should be permitted below that standard, but no arbitrary impediment should be imposed above it. The constitutional right to an abortion and the need to perform such abortion pursuant to safe and accepted practices are goals which can be accomplished in harmony. The discord of the underlying issue regarding the right to abortion issue is not presented here and should not affect either the initiation of a regulation or its interpretation. For the following reasons, enforcement of the regulation here in issue is enjoined.
Plaintiff Pilgrim Medical Group, which operates an abortion clinic located in Montclair, New Jersey, brings this five-count, fifty-four paragraph Complaint challenging a New Jersey state regulation governing the performance of abortions in non-hospital settings. In particular, plaintiff contends that such regulation violates state and federal law by not allowing such abortions at eighteen weeks gestation, or twenty weeks from a patient's last menstrual period ("LMP"). It seeks injunctive relief against the enforcement of such regulation, and against a pattern of harassment allegedly perpetrated against it by defendant. Before the court is plaintiff's application for a preliminary injunction, as well as defendant's motion to dismiss the complaint on abstention grounds.
The historical background of the regulation here at issue is presented in defendant's brief and the appendix thereto and is not disputed by plaintiff. After notice and public comment, on June 23, 1978, the defendant New Jersey State Board of Medical Examiners adopted N.J.A.C. 13:35-7.2, later denominated N.J.A.C. 13:35-4.2. This regulation provided that dilatation and evacuation ("D & E"), abortions could be performed in either hospitals or other licensed health care facilities within sixteen weeks LMP, or fourteen weeks gestation. Beyond these time periods, or utilizing other procedures, abortions were required to be done only in licensed hospitals. This regulation was upheld as against constitutional challenge in the state courts. See Livingston v. New Jersey State Board of Medical Examiners, 168 N.J.Super. 259, 402 A.2d 967 (App.Div.), certif. den., 81 N.J. 406, 408 A.2d 800 (1979). However, by notice published April 4, 1983, defendant proposed repeal of N.J.A.C. 13:35-4.2; a new regulation was proposed, and ultimately adopted re-wording the old regulation and eliminating the requirement that abortion procedures be performed on an in-patient basis. See 15 N.J.R. 1255 (8/1/83) (Defendant's Exh. E.).
On June 15, 1983, the Supreme Court of the United States announced its decisions in City of Akron, v. Akron Center for Reproductive Health, Inc., 462 U.S. 416, 103 S. Ct. 2481, 76 L. Ed. 2d 687 (1983); Planned Parenthood Association of Kansas City, Missouri, Inc. v. Ashcroft, 462 U.S. 476, 103 S. Ct. 2517, 76 L. Ed. 2d 733; and Simopoulos v. Virginia, 462 U.S. 506, 103 S. Ct. 2532, 76 L. Ed. 2d 755 (1983). In part pertinent to this case, these decisions stand for the proposition that a state may not unreasonably burden a women's right to seek a second trimester abortion by requiring all such abortions to be performed in a hospital setting, when to do so is not mandated by acceptable medical practice. Akron, 462 U.S. at 433-34, 103 S. Ct. at 2494-95. Hence, the Court invalidated an Akron ordinance and a Missouri statute requiring that all second trimester abortions be performed in a hospital. Akron, 462 U.S. at 434-39, 103 S.Ct. at 2494-97; Ashcroft, 462 U.S. 481-82, 103 S. Ct. 2520-21. It concluded "that `present medical knowledge,' Roe [v. Wade, 410 U.S. 113, 163, 93 S. Ct. 705, 731, 35 L. Ed. 2d 147 (1983)], convincingly undercuts [the] justification for requiring that all second-trimester abortions be performed in a hospital." *840 Akron, 462 U.S. at 437, 103 S. Ct. at 2496 (emphasis in original) (footnote omitted). The Court implied that it would be unreasonable, and therefore unconstitutional, to require that second-trimester abortions prior to eighteen weeks of pregnancy be performed in a hospital. Id. at 437, 103 S. Ct. at 2496, citing American College of Obstetricians and Gynecologists, Standards for Obstetric-Gynecological Services 54 (5th ed. 1982).
It is the opinion of the Committee that the New Jersey rule concerning termination of pregnancy should be modified. The modification should bring the rule into agreement with the standards used in the manual from the American College of Obstetrics and Gynecology. That manual states "In a hospital based or in a free standing surgical facility or in an outpatient clinic meeting the criteria for a free standing surgical facility, abortions should be limited generally to 18 weeks from the last menstrual period."
... was also circulated to three major newspapers, the two State Medical Societies, University of Medicine and Dentistry of New Jersey, the State Department of Health, the New Jersey Hospital Association, the petitioners, and other individuals who had notified the Board of their interests. Considerable public comment was received, but no comment at all was received from plaintiff.
Defendant's Brief at 7. In particular, the Board received thirty-two comments on the rule, twenty-six opposed and six in favor. "Those opposed, including the New Jersey Catholic Conference, another Catholic organization, and private individuals, referred uniformly to their sincerely held convictions that terminations of pregnancy are wrong per se, and objected to any measures which would lessen the burden on persons elected [sic] to terminate pregnancies. No reasons of a medical nature affecting the safety of the patient were advanced to support that opposition." 16 N.J.R. 2823 (Oct. 15, 1984). Two clinics, Planned Parenthood of America and of New Jersey, the Medical Society of New Jersey and the State Department of Health supported the rule. Ibid. See also Defendant's Exh. H.
*841 (a) The termination of pregnancy is a procedure which may be performed only by a physician licensed to practice medicine and surgery in the State of New Jersey.
(b) Beyond the first trimester and within a period of gestation not exceeding 18 weeks from the first day of the last menstrual period or 16 weeks' gestational size as determined by a physician, termination of pregnancy using the dilatation and evacuation procedure shall be performed either in a licensed hospital or a licensed health care facility, and if any other procedure is used the termination of pregnancy shall be performed in a licensed hospital.
(c) Any licensed health care facility performing procedures for termination of pregnancy after the 14th week from the first day of the last menstrual period or 12 weeks' gestational size must have a Medical Director and a Credentials Committee. Said Committee shall grant to operating physicians practice privileges relating to complexity of the procedure and commensurate with an assessment of the training, experience and skills of each physician for the health, safety and welfare of the public. A list of the privileges of each physician shall contain the effective date of each privilege conferred, shall be reviewed at least biennially, and shall be preserved in the files of the facility.
(d) Termination of pregnancy by any procedure on patients with a gestation exceeding 18 weeks from the first day of the last menstrual period or 16 weeks' gestational size as determined by a physician, shall be performed only in a licensed hospital.
(e) These rules are intended to regulate the quality of medical care offered by licensed physicians for the protection of the public, and are not intended to affect rules of the Department of Health establishing institutional requirements.
With the exception of the petitioner Pilgrim Medical Group and possibly one other freestanding facility in the State of New Jersey, I know of no other group that is ready, willing or able to perform advanced terminations on a clinic outpatient setting in the State of New Jersey. I am willing to see a situation in which one or two petitioners acting under appropriate guidelines would be given the authority within the licensing act to perform advanced procedures possibly subject to review at the end of the year to determine whether or not they are sufficiently safe to protect the interests of the population of New Jersey.
Id. at 3. Defendant also argues that plaintiff ought not be permitted to appear in this court without at least attempting to invoke the comprehensive administrative procedures available to it in the state system. It is to that issue which the court now turns.
(3) References to the authority of the agency to take the requested action. Within 30 days following receipt of any such petition, the agency shall either deny the petition, giving a written statement of its reasons, or shall proceed to act on the petition, which action may include the initiation of a formal rulemaking proceeding. Upon the receipt of the petition, the agency shall file a notice stating the name of the petitioner and the nature of the request with the Office of Administrative Law for publication in the New Jersey Register. Notice of formal agency action on such petition shall also be filed with the division for publication in the Register.
See also N.J.A.C. 1:30-3.6. This is the procedure which took place based upon the Metropolitan Medical Associates' petition and which resulted in the amendment of N.J.A.C. 13:35-4.2 to allow D & E abortions in non-hospital settings up to eighteen weeks LMP, rather than within the sixteen week limitation of the prior regulation. It is a procedure which plaintiff, having earlier foregone participation in the rulemaking process, could invoke now, though it argues that to do so would be futile, since the defendant Board has already considered the arguments which plaintiff would make and has rejected them. Plaintiff's Reply Brief at 16-17. See Defendant's Exh. H at 2 (rejecting effort to extend "outer permissible limit" to twenty weeks LMP).
Though not explicitly argued by defendant, a second type of administrative procedure available to plaintiff is suggested by Dr. Burnhill. Admitting that two clinics, including plaintiff, have the facilities to perform D & E abortions after eighteen weeks LMP, Dr. Burnhill states his willingness "to see a situation" in which such clinics are allowed to do such abortions on a trial basis, and seems to imply that the New Jersey state licensing act would accordingly allow exceptions to N.J.A.C. 13:35-4.2 to be made. The court has not, however, been made aware of any provision of law which would create such exception. Indeed, N.J.A.C. 13:35-4.2(e), makes clear that, although N.J.A.C. 13:35-4.2(c) requires a Credentials Committee to grant physicians the privilege to perform abortions beyond fourteen weeks LMP, such Committee has no right to act in contravention of the institutional requirements set forth by the Department of Health. See Defendant's Exh. H; 16 N.J.R. 2823. The court is not persuaded, nor does defendant argue, that N.J.A.C. 13:35-4.2(e) will allow the Department of Health, or any other licensing authority, to license a physician to perform abortions beyond eighteen weeks LMP in a clinic. The regulation would not permit it to do so and, although exceptions to such rule could easily have been incorporated in the rule, none were.
Finally, lurking in the background of this action is an entirely different problem, implicating distinct administrative remedies. In particular, it appears that an investigation of plaintiff by defendant, revealed that they perform second trimester abortions through twenty-three weeks LMP. See Letter from Charles A. Janousek to Sheldon Bross (1/18/84), App. to Complaint. See also Defendant's Exh. A. Also discussed in the investigative file of plaintiff are allegations of the failure to make required *843 reports and otherwise to follow state rules; uncleanliness; an unregistered physician doing abortions; failure properly to screen or control personnel; etc. Defendant's Exh. L. Such violations have not, as of yet, given rise to formal administrative enforcement proceedings pursuant to New Jersey Statute Annotated 45:1-14 et seq. and N.J.A.C. 13:44A-1.1 et seq. Such proceedings are also included within the administrative procedures contemplated by the parties in this case.
"[t]he State provides a unified method for the formation of policy and determination of cases by the [administrative agency] and by the state courts. The judicial review of the [agency's] decision in state courts is expeditious and adequate. Conflicts in the interpretation of state law, dangerous to the success of state policies, are almost certain to result from the intervention of the lower federal courts. On the other hand, if the state procedure is followed from the agency to the State Supreme Court, ultimate review of the federal question is fully preserved here. Cf. Matthews v. Rodgers, 284 U.S. 521 [52 S. Ct. 217, 76 L. Ed. 447 (1932)]. Under such circumstances, a sound respect for the independence of state action requires the federal equity court to stay its hand."
319 U.S. at 332-34, 63 S. Ct. at 1107. Hence, Burford abstention is appropriate where "the exercise of federal court jurisdiction would interfere with a state regulatory scheme dealing with matters of significant importance to the state," Harris v. Pernsley, 755 F.2d 338, 344 (3d Cir. 1985), at least where there is "adequate state court review of an administrative order based upon predominantly local factors...." Alabama Public Service Commission v. Southern Railway Co., 341 U.S. 341, 349, 71 S. Ct. 762, 768, 95 L. Ed. 1002 (1951). See generally Heritage Farms, Inc. v. Solebury Township, 671 F.2d 743, 746 (3d Cir.), cert. denied, 456 U.S. 990, 102 S. Ct. 2270, 73 L. Ed. 2d 1285 (1982); Baltimore Bank for Cooperatives v. Farmers Cheese Cooperative, 583 F.2d 104, 108-09 (3d Cir.1978); Allegheny Airlines, Inc. v. Pennsylvania Public Utilities Commission, 465 F.2d 237, 241-44 (3d Cir.1972) (citing cases), cert. denied, 410 U.S. 943, 93 S. Ct. 1367, 35 L. Ed. 2d 609 (1973). On the other hand, the court is reminded that Burford abstention, like other abstention doctrines, is meant to be a narrowly construed exception to the general rule that federal courts have "virtually the unflagging obligation" to exercise the jurisdiction granted them by Congress. Baltimore Bank For Cooperatives, supra, 583 F.2d at 111, quoting Colorado River Water Conservation District v. United States, 424 U.S. 800, 817, 96 S. Ct. 1236, 1246, 47 L. Ed. 2d 483 (1975). See also Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S. Ct. 2321, 2327, 81 L. Ed. 2d 186 (1984); Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 14-15, 103 S. Ct. 927, 936-937, 74 L. Ed. 2d 765 (1983).
The New Jersey Medical Board has full authority to deal with plaintiff's concerns and the final actions of New Jersey administrative agencies are immediately appealable as of right to the Appellate Division of Superior Court. See New Jersey Rules of Court 2:2-3a. To best accomodate the State interests involved in this case, without impairing the interest of *844 plaintiff in an expeditious review of its claim, this Court should dismiss the pending action in order to provide the New Jersey Board of Medical Examiners the opportunity to accept a petition from plaintiff and to consider the medical evidence it may submit with regard to possible amendment of the Medical Board rule on termination of pregnancy. Since plaintiff's demands in this complaint are so open-ended and unfocused, and appear to demand total abandonment of Board regulation of what surgical procedures may be performed on patients outside of hospitals, the court's abstention from exercising jurisdiction in this case and permitting the matter to be considered by the professional agency charged with that responsibility would be especially appropriate.
Defendant's Brief at 11-12. Defendant also notes the strong state interest in protecting the public health, by licensing, rulemaking and other means. Id. at 10.
The court finds these contentions not to justify abstention in the instant case. It is true, as defendant argues, that the State has a strong interest in its regulation of public health. Standing alone, however, such interest does not require abstention. See Zablocki v. Redhail, 434 U.S. 374, 380 n. 5, 98 S. Ct. 673, 677 n. 5, 54 L. Ed. 2d 618 (1978) ("... there is, of course, no doctrine requiring abstention merely because resolution of a federal question may result in the overturning of a state policy."); Ada-Cascade Watch Co., Inc. v. Cascade Resource Recovery, Inc., 720 F.2d 897, 903 (6th Cir.1983); Evans v. City of Chicago, 689 F.2d 1286, 1295 (7th Cir.1982). And, while the issue in question is one requiring an assessment of "present medical knowledge," as to which the defendant Board has special competence, the Supreme Court has announced time and again that such issue is not beyond the competence of federal courts. See, e.g., Akron, 462 U.S. at 434-39, 103 S. Ct. at 2495-97. Nor, as in Burford and its progeny, are particularly difficult issues of state law presented. See, e.g., Zablocki, supra, 434 U.S. at 380 n. 5, 98 S. Ct. at 677 n. 5 (no abstention, where "[u]nlike Burford, this case does not involve complex issues of state law ..."); Heritage Farms, supra, 671 F.2d at 746 (same). Most important, however, the court's decision in this matter will not disrupt state efforts to establish a coherent policy with respect to the issues presented. Ibid. See also Silverman v. Barry, 727 F.2d 1121, 1124 n. 4 (D.C.Cir.1984); Southern Railway v. State Board of Equalization, 715 F.2d 522, 527 (11th Cir.1983), cert. denied, ___ U.S. ___, 104 S. Ct. 1593, 80 L. Ed. 2d 125 (1984); Ada-Cascade, supra, 720 F.2d at 903; Evans v. City of Chicago, supra, 689 F.2d at 1295. Rather, the issue presented is one upon which the defendant Board has already had an opportunity to rule, and, having examined essentially the same medical and legal authorities as plaintiff presents here, and confronted the same arguments, promulgated the current rule. Thus, this is not a case in which "an early entry of a federal court into the area might promote needless friction between state and federal jurisdiction." Allegheny Airlines, supra, 465 F.2d at 242-43 (citing cases).
Rather, this is a case in which the court confronts what is essentially a question of federal civil rights. See Harris v. Pernsley, supra, 755 F.2d at 344. See generally C-Y Development Co. v. City of Redlands, 703 F.2d 375, 381 (9th Cir.1983); Manney v. Cabell, 654 F.2d 1280, 1284 (9th Cir.1980) ("... federal courts are particularly hesitant to abstain in section 1983 cases"), cert. denied, 455 U.S. 1000, 102 S. Ct. 1630, 71 L. Ed. 2d 866 (1982); Canton v. Spokane School District # 81, 498 F.2d 840, 846 (9th Cir.1974), citing Wright v. McMann, 387 F.2d 519, 525 (2d Cir.1967); Devlin v. Sosbe, 465 F.2d 169, 172 (7th Cir.1972) (citing cases); Jones v. Metzger, 456 F.2d 854, 856 (6th Cir.1972), cited in J-R Distributors, Inc. v. Eikenberry, 725 F.2d 482, 488 (9th Cir.) prob. jurisdiction noted, ___ U.S. ___, 105 S. Ct. 76, 83 L. Ed. 2d 25 (1984). Furthermore, it does so not in the context of an ongoing state administrative proceeding of the adjudicative type, such as existed in, for example, *845 Burford or Southern Railway. See also Allegheny Airlines, supra. Instead, defendant seeks to justify abstention by the court in favor of a rulemaking proceeding, reviewable by the Appellate Division of Superior Court. Such proceeding, which will be duplicative of those which have already taken place and may well delay this matter further, will not apply state law to the circumstances of plaintiff's case but rather, will result in yet another rule which may be attacked, as this one has been, on its face. Where the current rule is being challenged on facial constitutional grounds rather than being interpreted, where such challenge has once before failed in the state administrative mechanism in favor of which the court is asked to abstain, and where the result is likely to yield continued litigation, later in time and after some delay, the court, in the exercise of its equitable discretion ought not abstain. See generally Burford, supra, 319 U.S. at 332-33, 63 S.Ct. at 1106-07; Emrick v. Bethlehem Steel Corp., 624 F.2d 450, 453-54 (3d Cir. 1980) (dismissal on abstention grounds "is an exercise of the district court's sound equitable discretion"). Defendant's motion to dismiss is therefore denied.
(1) whether the movant has shown a reasonable probability of success on the merits; (2) whether the movant will be irreparably injured by denial of such relief; (3) whether granting preliminary relief will result in even greater harm to the nonmoving party; and (4) whether granting preliminary relief will be in the public interest.
Si Handling Systems, Inc. v. Heisley, 753 F.2d 1244, 1254 (3d Cir.1985), citing Klitzman, Klitzman and Gallagher v. Krut, 744 F.2d 955, 958-59 (3d Cir.1984); Continental Group v. Amoco Chemicals Corp., 614 F.2d 351, 356-57 (3d Cir.1980). Upon such consideration, the court here finds that certain of the equitable relief sought by plaintiff is warranted.
The court finds that plaintiff is likely to succeed in showing that N.J.A.C. 13:35-4.2 is unconstitutional based upon the standards set forth in Akron, Ashcroft, and Simopoulos. Those cases make clear that a regulation inhibiting the right to a second trimester abortion is to be upheld only upon a showing of a reasonable relationship to maternal health, and that such showing is made only where the regulation comports with "accepted medical practice." Akron, Ashcroft, and Simopoulos. Akron, 462 U.S. at 433-34, 103 S. Ct. at 2494-95. As in the Akron, case, defendant does not here argue that the regulation "imposes only an insignificant burden on women's access to abortion, but rather defends it as a reasonable health regulation." 462 U.S. at 435, 103 S. Ct. at 2495. In particular, as in Akron, the difference in cost between hospital-based abortions and non-hospital abortions is, apparently, enormous. According to plaintiff's Complaint, "While the average cost of an abortion in a hospital is in excess of $1,000, Pilgrim offers a medically safe abortion at a cost of approximately *846 $215." Verified Complaint ¶ 10. At eighteen weeks gestation, plaintiff offers abortions at a cost of approximately $495, as opposed to the $1,500 it would cost in a hospital. Wilchins Aff., ¶ 20. These cost differentials are even greater than those found compelling in Akron. 462 U.S. at 434-35, 103 S. Ct. at 2495 and n. 20. Hence, there is no question, and defendant appears to concede, that N.J.A.C. 13:35-4.2 inhibits the fundamental right to an abortion enunciated by the Supreme Court in Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), and consistently applied ever since. See Akron, 462 U.S. at 420 n. 1, 103 S. Ct. at 2487 n. 1, citing Connecticut v. Menillo, 423 U.S. 9, 96 S. Ct. 170, 46 L. Ed. 2d 152 (1975); Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 96 S. Ct. 2831, 49 L. Ed. 2d 788 (1976); Bellotti v. Baird, 428 U.S. 132, 96 S. Ct. 2857, 49 L. Ed. 2d 844 (1976); Beal v. Doe, 432 U.S. 438, 97 S. Ct. 2366, 53 L. Ed. 2d 464 (1977); Maher v. Roe, 432 U.S. 464, 97 S. Ct. 2376, 53 L. Ed. 2d 484 (1977); Colautti v. Franklin, 439 U.S. 379, 99 S. Ct. 675, 58 L. Ed. 2d 596 (1979); Bellotti v. Baird, 443 U.S. 622, 99 S. Ct. 3035, 61 L. Ed. 2d 797 (1979); Harris v. McRae, 448 U.S. 297, 100 S. Ct. 2671, 65 L. Ed. 2d 784 (1980); H.L. v. Matheson, 450 U.S. 398, 101 S. Ct. 1164, 67 L. Ed. 2d 388 (1981).
Of course, as the Court has also made clear time after time, such right is not absolute, and must yield to the State interest in protecting the potentiality of human life at the point of viability, on the one hand, and in safeguarding maternal health, on the other. Roe v. Wade, 410 U.S. at 154, 93 S. Ct. at 727. See generally Akron, 462 U.S. at 428-29, 103 S. Ct. at 2491-92. The latter interest, however, has been held not to be compelling until the end of the first trimester. Akron, 462 U.S. at 423-30, 103 S. Ct. at 2489-92, quoting Roe, 410 U.S. at 163, 93 S. Ct. at 731.
This does not mean that a State never may enact a regulation touching on the woman's abortion right during the first weeks of pregnancy. Certain regulations that have no significant impact on the woman's exercise of her right may be permissible where justified by important state health objectives. In Danforth, supra we unanimously upheld two Missouri statutory provisions, applicable to the first trimester; requiring the woman to provide her informed written consent to the abortion and the physician to keep certain records, even though comparable requirements were not imposed on most other medical procedures. See 428 U.S. at 65-67, 79-81 [96 S. Ct. at 2839-2840, 2845-2846]. The decisive factor was that the State met its burden of demonstrating that these regulations furthered important health-related state concerns. But even these minor regulations on the abortion procedure during the first trimester may not interfere with physician-patient consultation or with the women's choice between abortion and childbirth. See id., at 81 [96 S. Ct. at 2846].
From approximately the end of the first trimester of pregnancy, the State "may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health." Roe, 410 U.S. at 163 [93 S. Ct. at 732]. The State's discretion to regulate on this basis does not, however, permit it to adopt abortion regulations that depart from accepted medical practice. We have rejected a State's attempt to ban a particular second-trimester abortion procedure, where the ban would have increased the costs and limited the availability of abortions without promoting important health benefits. See Danforth, 428 U.S. at 77-78 [96 S.Ct. at 2844-2845]. If a State requires licensing or undertakes to regulate the performance of abortions during this period, the health standards adopted must be "legitimately related to the objective the State seeks to accomplish." Doe [v. Bolton, *847 410 U.S. 179, 195, 93 S. Ct. 739, 749, 35 L. Ed. 2d 201 (1973)].
Akron, 462 U.S. at 430-31, 103 S. Ct. at 2492-93 (footnotes omitted).
1. The use of ultrasound to assure adequate evaluation of gestational length.
2. The use of laminaria insertions (either singly or serially) to provide for adequate cervical dilatation.
3. The presence of appropriate equipment to extract larger fetuses.
4. The presence of either an intravenous or heparin lock needle being in place on each case.
Thus, there is no question that some abortion clinics can perform late second trimester D & E abortions, although neither defendant's expert nor the court is assured that plaintiff has doctors sufficiently skilled to do so. By broadly prohibiting all non-hospital D & E abortions past eighteen weeks LMP, N.J.A.C. 13:35-4.2 sweeps too broadly, to the detriment of women's constitutional rights and contrary to accepted medical practiceindeed, medical practice that is accepted by defendant's expert himself. Defendant admits that exceptions to N.J.A.C. 13:35-4.2 could be carved out by the enactment of new licensing provisions. By nonetheless adhering to mere estimates of the proper time to prohibit second trimester abortions, the state hinders the right to abortion without bona fide medical reasons. The regulation, accordingly, appears unconstitutional, and the court finds that plaintiff is likely to succeed in proving that it is.
In so finding, the court carefully adheres to recent Supreme Court precedent. It is notable that the Court has endorsed state regulations which allow second trimester abortions in a licensed clinical setting based upon a complex of pertinent factors, Simopoulos, 462 U.S. at 515-16, 103 S. Ct. at 2538-39, while striking down those regulatory schemes which draw a bright line at a particular gestational point. Akron, Ashcroft. See also Birth Control Centers, Inc. v. Reizen, 743 F.2d 352, 366-67 (6th Cir.1984); American Colleges of Obstetricians and Gynecologists v. Thornburgh, 737 F.2d 283, 293 (3d Cir.1984); Margaret S. v. Treen, 597 F. Supp. 636, 657 (E.D.La. 1984). Clearly, an approach which maximizes *848 the opportunities for women to have non-hospital abortions, without medical danger, are preferred over those which create a highly administrable, though imperfect method of deciding when such abortions are and are not appropriate. The latter infringe the constitutional rights of women to choose or not to choose to terminate pregnancy without medical basis. Since N.J.A.C. 13:35-4.2 is this sort of regulation, it is likely to be held unconstitutional.
Plaintiff, here asserts its own financial interests, as well as the constitutional rights of its patients. The former are certainly sufficient to satisfy the standing requirements of Article III of the Constitution, in that plaintiff can "show that [it] personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant, and that the injury `fairly can be traced to the challenged action' and `is likely to be redressed by a favorable decision.'" Valley Forge Christian College v. Americans United For Separation of Church and State, Inc., 454 U.S. 464, 472, 102 S. Ct. 752, 758, 70 L. Ed. 2d 700 (1982), quoting Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 99, 99 S. Ct. 1601, 1608, 60 L. Ed. 2d 66 (1979); Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 41, 96 S. Ct. 1917, 1924, 1925, 48 L. Ed. 2d 450 (1976) (footnote omitted). See Singleton v. Wulff, 428 U.S. 106, 112-13, 96 S. Ct. 2868, 2873, 49 L. Ed. 2d 826 (1976) (doctors have sufficient financial interest for standing to challenge abortion state); Doe v. Bolton, 410 U.S. 179, 188, 93 S. Ct. 739, 745, 35 L. Ed. 2d 201 (1973) (doctors' interest in avoiding prosecution sufficient). Such financial interests probably do not, however, rise to the level of irreparable harm, see, e.g., Oburn v. Shapp, 521 F.2d 142, 151 (3d Cir.1975); nor has plaintiff made any showing that they do.
Plaintiff's assertion of its patients' constitutional rights, however, fully demonstrates the irreparable harm that will occur absent the intervention of the court. That these rights may be asserted by such patients' physicians is not, and cannot be, disputed. See Singleton, supra, 428 U.S. at 118, 96 S. Ct. at 2876. The fact that plaintiff herein is an abortion clinic, rather than an individual doctor, does not alter this conclusion. See, e.g., Birth Control Centers, Inc. v. Reizen, supra, 743 F.2d at 358; American College of Obstetricians, supra, 737 F.2d at 290 n. 6 (citing cases); Mahoning Women's Center v. Hunter, 610 F.2d 456, 458 n. 2 (6th Cir.1979). See also Akron, supra (allowing abortion clinic to bring suit, without comment). More to the point, it cannot be denied that, given the price differential between second trimester abortions offered by plaintiff, and those performed in hospitals, many women, and particularly poor women, will forego such abortions, the exercise of their constitutional rights having been impermissibly chilled by the state regulation. The resulting harm is as irreparable *849 as any that can be imagined: not only does it flow from the deprivation of constitutional rights, but it also creates a situation which is irreversible and not compensable. It renders preliminary injunctive relief appropriate and necessary.
The court is aware of defendant's general interest in having a uniform regulatory scheme in the abortion context, to protect maternal health and insure high medical standards. It also recognizes defendant's hesitation in allowing late second trimester abortions to be performed by plaintiff in particular, given plaintiff's less than pristine record of rendering medical services. The court does not, however, find such considerations to outweigh the constitutional principles enunciated herein, or the irreparable harm discussed, supra. Therefore, the court must enjoin the enforcement of N.J.A.C. 13:35-4.2(b) and (d). On the other hand, the considerations of public safety here expressed mandate that the court stay such order for ninety days, in order to allow an appropriate regulation, specifying a procedure and criteria for licensing abortion clinics capable of performing advanced second trimester D & E abortions, to be promulgated.
There is probably no more volatile issue in this country today than the right to abortion. The Supreme Court having declared that right to be constitutional, encroachments upon it, both intended and unintended, must be stricken, unless they further and protect the health of the patient and accord with accepted, current medical standards and knowledge. Any regulation or law which has the effect of making abortions unavailable to those who cannot afford them, based upon criteria other than medical knowledge, diminishes the constitutional right to abortion granted to all women. This is such a regulation, and it requires the intervention and exercise of the injunctive powers of this court. An appropriate order will issue.
 These figures are, on the average, equivalent, since gestation usually begins approximately two weeks after the last menstrual period.
 The Virginia statutory scheme at issue in Simopoulos was upheld as constitutional. It allowed second trimester abortions to be performed in clinics meeting certain criteria in the areas of organization, management, policies, procedures, staffing, facilities and services. 462 U.S. at 515-16, 103 S. Ct. at 2538-39.
 The State does not argue, nor does the court find, reason to abstain in order to await a state court determination that might moot or present in a different posture the federal constitutional question before the court, Midkiff, supra; Railroad Commission of Texas v. Pullman Co., 312 U.S. 496, 61 S. Ct. 643, 85 L. Ed. 971 (1941), to avoid restraining a pending state court enforcement proceeding, Hoffman v. Pursue, Ltd., 420 U.S. 592, 95 S. Ct. 1200, 43 L. Ed. 2d 482 (1975); Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971), or for reasons of wise judicial administration where state concurrent jurisdiction over a pending action exists. Moses H. Cone Memorial Hospital, supra. Similarly, neither the fact that a procedure might exist by which plaintiff, or certain of the physicians associated with plaintiff, could be licensed to perform abortions in a non-hospital setting after eighteen weeks LMP, see supra 460 U.S. at 10-11, 103 S. Ct. at 933-35, nor the fact that plaintiff might have the opportunity to assert its constitutional rights in an enforcement action not yet pending, see supra at 11-12, 103 S. Ct. at 934-35, justifies absention where, as here, the jurisdiction of this court has properly been invoked.
 It may also be the case that in New Jersey, as elsewhere, "few, if any, hospitals perform second-trimester abortions," Akron, 462 U.S. at 435 n. 21, 103 S. Ct. at 2495 n. 21, making the inability to obtain them in a clinic still more burdensome of women's constitutional rights.
 Even if plaintiff could not assert the rights of its patients, the court is required to consider such third party rights in determining whether to grant a preliminary injunction.
 The Court would, of course, prefer stronger evidence that such rights are in fact chilled than Dr. Wilchins' statement that "Most of my patients at Pilgrim would be unable to afford an abortion in a hospital ... The patients would either have to deliver the child or seek some type of illegal or unsafe abortion." Wilchins Aff. ¶ 20. However, the court follows the Supreme Court in finding such chilling an inevitable side effect of the price differentials here cited. Akron, 462 U.S. at 434-35 and n. 20, 103 S. Ct. at 2495 and n. 20. In any event, such price differentials make it highly likely that the irreparable harm alleged is in fact occurring. Prior to the entry of a permanent injunction in this matter, the court expects that plaintiff will introduce evidence that women's opportunities to obtain an abortion are, in fact, curtailed by N.J.A.C. 13:35-4.2. In the interim, the court finds the evidence submitted by defendant to the contrary to be too ambiguous to establish the contrary proposition, or to defeat the common sense conclusion that the regulation at issue chills women's constitutional rights. See Defendant's Exh. K (statement by defendant that late second trimester abortions "are done at United Hospitals of Newark").


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Where is G Suite Data Stored?
Gmail and G Suite use the same global data storage as Google's search engine.
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Jim Thome: all-time walk-off homer king
by Chris Jaffe
Yesterday, on June 23, 2012, Jim Thome made history.
In the bottom of the ninth in a Phillies-Rays game tied 6-6, the veteran slugger hit a pinch-hit solo walk-off home run to end the game.
It's the 13th regular season walk-off home run of Thome's career—more than anyone else in baseball history. Previously, he was tied with a handful of other great sluggers with 12. Here's the all-time leader board:
Batter	 Walk-offs
Jim Thome	13
Babe Ruth	12
Jimmie Foxx	12
Stan Musial	12
Frank Robinson	12
Mickey Mantle	12
A longer list of leaders can be found here.
Now Thome stands alone atop the all-time leaders.
Granted, Mickey Mantle has 13 if you include the postseason as he hit one in a World Series, but we never mix postseason stats with regular season stats in any other category, so why here? The next best among active players is David Ortiz, with 10.
Thome is No.1 in the clutchest sort of home run of them all. Congrats, Mr. Thome.

redpajama_set_name: RedPajamaCommonCrawl


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text:
Russia: Tiger Protection Methods Held Up As Example For Struggling India
By Breffni O'Rourke
The United Nations is urging India to do more to save its dwindling population of Royal Bengal tigers. CITES, the UN body responsible for stamping out trade in endangered animal species, has also praised Russia's efforts to preserve its even rarer Amur tiger. Will the world succeed in saving the last of its big cats?
Prague, 15 April 2005 (RFE/RL) -- The Earth has been called the lonely planet, sailing in space surrounded by desolate neighbors.
But here on terra firma, life teems in all forms, from microbes up to magnificent beasts like the tiger. Many species are in trouble, however, as man destroys habitat, pollutes soil and air, and kills animals for pleasure or profit.
How much lonelier the Earth will be if we lose our fabulous diversity of creatures. The tiger, for instance, appears to be dwindling in number to only a few thousand in the wild, in five subspecies.
The most numerous is the Royal Bengal tiger, which is thought to number 2,000 to 3,500 animals in India. That compares with an estimated 100,000 tigers there a century or more ago.
In view of this, the UN agency responsible for controlling the trade in endangered species has criticized the Indian government for inadequate protection of its tigers and slowness to act.
CITES has written to Indian Prime Minister Manmohan Singh requesting an urgent meeting to talk about the tigers' plight.
The agency, known as CITES, has written to Indian Prime Minister Manmohan Singh requesting an urgent meeting to talk about the tigers' plight.
CITES enforcement officer John Sellar says India needs to be more affective in protecting the striped cats from poachers. He recommended as an example what he called the successful defense of the rare Amur tiger in Far Eastern Russia.
"One of the things we often hold up as an example is what has taken place in the Far East of Russia; and that is the establishment of what is now known as 'Inspection Tiger,' which is a group of law enforcement officers who are devoted to fighting environmental crime," Sellar says.
This dedicated unit is typically staffed by professional hunters and former military men and police officers. Sellar says the unit has had a "great deal of success."
"They have the equipment they need, namely four-by-four vehicles, they have firearms if they need them, they have proper radio communications, they have in-depth training, as regards to intelligence and working with informants, and preparing prosecutions," Sellar says.
He also says there are now indications that the Far East tiger and leopard populations are relatively stable. More should be known about that by June.
Susan Lieberman, the director of the Global Species Program at the international environmental group WWF, says a major survey of the Amur tiger population has just been completed.
It involved sending a thousand people into the vast steppes and woodlands of Far Eastern Russia to look for clues to the population, which is thought to number as few as 400 animals.
"I'm optimistic," Lieberman says. "I don't yet have the numbers on the Amur tiger, but I am hopeful that I am going to be able to report that all the hard work has paid off, and that [its numbers] are stable or increasing."
But with so much attention going to what high-profile animals like tigers, whales and elephants, there is a risk that other, less impressive, species will be forgotten.
"There is a danger here that we are focusing too much on the tiger," Sellar says. "We are also seeing where shipments [of illegal animal parts] are being intercepted before they can leave India, or when they arrive in Tibet [on their way to China], and in several of these shipments we have had leopard skins involved, and I remember one shipment in particular where 120 leopard skins were seized; so the great danger in focusing on the tiger is that we ignore what might be happening with other species."


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text:
configuration vDefaultBackground {
    param (
        ## Source desktop wallpaper path
        [Parameter(Mandatory)] [ValidateNotNullOrEmpty()]
        [System.String] $Path
    )

    Import-DscResource -ModuleName PSDesiredStateConfiguration;

    Script 'DefaultDesktopWallpaper' {

        GetScript = {

            $destinationFileHash = (Get-FileHash -Path "$env:SystemRoot\Web\Wallpaper\Windows\img0.jpg" -Algorithm MD5).Hash;
            return @{
                Result = $fileHash;
            }
        }

        TestScript = {

            $sourceFileHash = (Get-FileHash -Path $using:Path -Algorithm MD5).Hash;
            $destinationFileHash = (Get-FileHash -Path "$env:SystemRoot\Web\Wallpaper\Windows\img0.jpg" -Algorithm MD5).Hash;
            return ($destinationFileHash -eq $sourceFileHash);
        }

        SetScript = {

            & "$env:SystemRoot\System32\takeown.exe" /f "$env:SystemRoot\Web\wallpaper\Windows\img0.jpg";
            & "$env:SystemRoot\System32\icacls.exe" "$env:SystemRoot\Web\wallpaper\Windows\img0.jpg" /Grant 'System:(F)';
            Remove-Item -Path "$env:SystemRoot\Web\wallpaper\Windows\img0.jpg";
            Copy-Item -Path $using:Path -Destination "$env:SystemRoot\Web\wallpaper\Windows\img0.jpg";
        }

    } #end script DefaultDesktopWallpaper

} #end configuration vDefaultBackground

redpajama_set_name: RedPajamaGithub


ALBANY, N.Y. -- Momentive Performance Materials will introduce two breakthrough prepolymers for industrial adhesives formulations at the Adhesive and Sealants Council's 2008 Fall Convention & Expo in Baltimore, Maryland, October 12th to 14th, 2008. SPUR+ 3100HM prepolymer and SPUR+ 3200HM prepolymer will join Momentive's highly successful SPUR+ family of silylated polyurethane resins. These high modulus prepolymers are excellent candidates to be considered for use as binding agents that can help formulators of structural adhesives achieve high tensile strength, without primers for most substrates, in both one- and two-part adhesive formulations.
"The latest generation of industrial adhesives is replacing or augmenting traditional mechanical fasteners across a number of industries, including transportation and construction," said Bruce Waldman, global marketing manager, SPUR+ Prepolymers, Momentive. "Our two new, one-part high modulus SPUR+ prepolymer additives typically are easy to use, offer outstanding tensile strength, and can provide a number of production advantages, including primerless adhesion to most substrates, outstanding water and chemical resistance and high thermal resistance, to formulators of industrial adhesives."
High-performance, low viscosity SPUR+ 3100HM and SPUR+ 3200HM prepolymers are formulated without plasticizers and contain no free isocyanates. Shelf life of both products is approximately 12 months. Test results showed that SPUR+ 3100HM prepolymer, when cured alone, provided a tensile strength of 450psi and Shore A hardness of 40. SPUR+ 3200HM prepolymer, may be considered for use in the most demanding applications, potentially offering 1,000psi tensile strength - approximately ten times greater than conventional prepolymers, with a Shore A hardness of 60.
Momentive Performance Materials Inc. is a premier specialty materials company, providing high-technology materials solutions to the silicones, quartz and ceramics markets. The company, as a global leader with worldwide operations, has a robust product portfolio, an enduring tradition of service excellence, and industry-leading research and development capabilities. Momentive Performance Materials Inc. is controlled by an affiliate of Apollo Management, L.P.


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Why Kash Doll And Vezzo Partnered Up With Al Harrington's Weed Company, Even Though They Don't Smoke
Javier Hasse Senior Contributor
I write about all things cannabis, hemp and CBD.
It was a festive occasion in Detroit as people gathered to meet rappers Kash Doll and Vezzo, as well as NBA star Al Harrington – and get a free turkey ahead of Thanksgiving out of it all!
Vezzo, Kash Doll, Al Harrington (L-R)
Bre'Ann White
The event, a result of a partnership between Harrington's cannabis brand, Viola, and Motown Records (the legendary label that put out records by some of the biggest names in music history, from Stevie Wonder and Marvin Gaye, to Diana Ross, the Jackson 5 and Bruno Mars) saw Detroit Mayor Mike Duggan and the celebs come together to gift people 2,000 turkeys and diner sides for Thanksgiving.
The giveaway coincided with the opening of Viola's first flagship retail store in the Motor City.
A Smoke-Free Environment
Beyond the obvious relevance of such a generous act and the joy these celebrities brought to the good people of Detroit, what makes this partnership really interesting is the fact that neither Kash Doll nor Vezzo consume cannabis.
Vezzo takes a selfie with a child and mother.
Yes, you read right: rappers Kash Doll and Vezzo are not into weed – at all. In fact, both lead lives that are pretty much free of all mind-altering substances. Vezzo never drinks, while Kash might have a few glasses of champagne a month, tops.
"I don't like to smoke weed or take pills. I don't have an issue with people who do, but I don't," Kash explained.
Vezzo added, "I don't consume cannabis either. Ever. But I'm not against other people consuming cannabis."
He also called for more research around marijuana and explained he understands the difference between this plant and other dangerous things like cocaine, heroin or guns. These should remain outlawed, he noted. But cannabis: we have to make up our minds; "we either want it legalized or not."
"I take my hat off to Vezzo and Kash Doll for being open minded enough to partner with a cannabis company even though they don't consume themselves."
"This is a gray area and, for me, there's no balance in gray areas – you know what I'm saying? How is it possible that some people can have rooms full of legal plants while others go to jail for the rest of their lives for the same plant?" — Vezzo continued.
See Also: Eric B. & Rakim's 'Follow The Leader' Reimagined Displaced Michael Bublé From His #1 Billboard Spot—And Cannabis Played A Big Role
"I believe cannabis should be legal on the federal level. You look at Michigan, you look at all of the states that have legalized recreational marijuana, and you see an impact on the [employment, fiscal revenue, etc.] numbers."
So, what in the world made them want to partner with a weed company, of all businesses in Michigan?
An Unexpected Partnership
When asked about this unexpected partnership, Kash Doll explained, "Viola and Al are bringing new business and jobs to Detroit… I'm happy to partner with anyone that's investing back into the city and helping give new positive opportunities to the people of Detroit."
DETROIT, MICHIGAN - MARCH 09: Detroit rapper Kash Doll performs in support of The Motivation Tour at ... [+] Fox Theatre on March 09, 2019 in Detroit, Michigan. (Photo by Scott Legato/Getty Images)
She repeated: it's all about picking good people to collaborate with. Period.
"I don't care what you've done in the past, who you are, or whatever. I love to just collaborate with people trying to do something great for the people, so I was honored that they wanted to work with me," Kash went on.
Al didn't mind Kash and Vezzo's position either. "We wanted to do something good and partner with local rappers, entertainers, even athletes, to make an real impact on the community," he explained. "Being from Detroit, Kash and Vezzo helped us, out-of-towners, really get the job done.
See Also: Key Committee In Congress Approves Marijuana Legalization Bill
"Kash and Vezzo really made a difference. A lot of people showed up and I feel like they are going to have a better holiday because of them," Harrington continued.
Al Harrington and Vezzo in Detroit.
Vezzo was first and foremost drawn to Viola because of Al Harrington's history of involvement with the Detroit community. But there was another component to the Motown-Viola partnership: willingness to help.
"What's really sad is I went to many companies and brands, and nobody else wanted to help," he said. "It's crazy that it takes a cannabis brand to help these people."
For readers who are not particularly familiar with the cannabis industry, there's one thing you should know: cannabis brands are already exposed to extremely high taxes when compared to any other business out there, and many of these charitable donations cannot be deducted from their taxes either, due to provisions in Section 280E of the Internal Revenue Code.
"What's really sad is I went to many companies and brands, and nobody else wanted to help... It's crazy that it takes a cannabis brand to help these people."
Vezzo
"I take my hat off to Vezzo and Kash Doll for being open minded enough to partner with a cannabis company even though they don't consume themselves," Al concluded. "I think it's admirable that they realize that this is bigger than if they use the product or not… What we need to realize as blacks and minorities is that this is a unique opportunity for us to participate in an industry that pretty much was built on our backs. So it's great that we can break these barriers, change the stigma,
Sharing The Green
Vezzo said he went to all kinds of companies, from the food to the clothing space, looking for partners to help him bring some joy to people during the holidays. "Nobody wanted to help with this giveaway," he disclosed. "We have so many big businesses and corporations just in Detroit alone that it's crazy it takes a small cannabis business to actually want to give out to the community.
"It was just amazing, it made my heart happy. This was one of my favorite things to do."
"I asked myself this question many times… On top of not helping anyone, many companies out here are making people work for 60 hours, making them build an entire car, but not offering health insurance and things like that. They just leave their employees to figure out things on their own, even Christmas and Thanksgiving. Even though they know many can't provide a nice meal for their families, they won't lift a finger to help. But Viola did."
ATLANTA, GEORGIA - OCTOBER 05: Icewear Vezzo attends the BET Hip Hop Awards 2019 at Cobb Energy ... [+] Center on October 05, 2019 in Atlanta, Georgia. (Photo by Johnny Nunez/Getty Images for BET)
Getty Images for BET
Vezzo, Kash Doll and Al Harrington all seemed extremely moved with the Thanksgiving event and turnout. "It feels great," they said once and again.
"I feel it's a blessing to be in a position where we could provide many families a full Thanksgiving meal, which is not cheap," Vezzo said.
Kash chimed in, "Man, it's so refreshing. I just felt honored and happy that I could be a part of something so huge… We had a whole meal for everyone… It was just amazing, it made my heart happy. This was one of my favorite things to do."
Al ended: "this was just the first session in the Viola-Motown partnership. We'll probably sit down together after the holidays and try figure out other ways in which we can give back to the community."
Follow me on Twitter or LinkedIn. Check out my website or some of my other work here.
Javier Hasse
I'm a young, cannabis-focused writer, author of the book "Start Your Own Cannabis Business" (Entrepreneur Media, 2018), which hit the #1 Best-Seller spot on Amazon.


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PlayLAH! Let's Celebrate! NDP 2017
In partnership with Singapore's National Day Parade Organising Committee, PlayLAH! Let's Celebrate! NDP 2017, the 6th edition of the PlayLAH! series will be held at Singapore EXPO from 4th to 6th August 2017.
Families can expect hours of fun at the carnival's 4 main zones – Play, Learn, Eat and Bond, together with the addition of new villages – Music, Sports and Tech, along with brand new stage performances. The annual Singapore Drum Festival will also be held alongside PlayLAH!, which includes the Ultimate Drummer's Weekend as well as the Drum Off Singapore Competition.
For more info, visit PlayLAH! website.
Amazon is launching in Singapore soon
It seems like the wait is coming to an end soon. A couple of Singapore Instagramers have started posting what seems to be a sponsored post by Amazon.
We are excited to receive this pack of daily essentials today! A new delivery service? Can't wait to learn more!! #sponsored #dontsaybojio
A post shared by SUPERADRIANME.com (@superadrianme) on Jul 25, 2017 at 2:33am PDT
While they didn't say it's from Amazon, the iconic arrow should be sufficient hint. We've been hearing rumours that Amazon has been acquiring assets such as refrigerated trucks and hiring in Singapore since late last year. Amazon will most likely be launching its Prime delivery service and AmazonFresh grocery services first in Singapore.
So #DontSayBoJio. Amazon is launching in Singapore soon. Stay tuned!
Wiz Khalifa's See You Again is now the most viewed video on YouTube
See You Again by Wiz Khalifa is now the most viewed video on YouTube.
The Furious 7 soundtrack overtook PSY's Gangnam Style which has been holding on to the title for the most viewed video on YouTube since November 2012.
Pebble Watches Final Clearance Sale
July 4, 2017 by dk·0 Comments
I still feel sad to see Pebble closing down. I was 1 of the Kickstarter supporters for the first Pebble watch. But it looks like the market is too competitive and its hard for a startup like Pebble to compete with the bigger brands out there.
For those who still have faith in Pebble, the local Pebble distributor is having a final clearance sale now. Go check it out.
PS: Warranty will be limited for this Pebble Clearance sale


BOP restaurant partners will be offering bites at the Billion Oyster Party. Throughout the year we collect discarded oyster shells from our restaurant partners to use as cultch and seeding substrate in order to grow new oysters.
Restaurant partners subject to change.
If you would like to partner with us, either as a shell collection restaurant or for the Billion Oyster Party, please fill out the form below and someone from our team will get back to you.


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Home/News/Local News/A look back at 2019
Lesotho Times January 7, 2020
0 1,052 19 minutes read
Prime Minister Thomas Thabane and Professor Nqosa Mahao
Compiled by Herbert Moyo
ABC and DC infighting
MUCH like the year before, 2019 was very eventful in the history of Lesotho. The year started off with increasing tensions within two of the country's biggest political parties, Prime Minister Thomas Thabane's All Basotho Convention (ABC) and the then Pakalitha Mosisili-led Democratic Congress (DC). Both parties were about to hold elective conferences to choose new national executive committees (NECs).
In the ABC, the fight was over whether then National University of Lesotho (NUL) Vice Chancellor, Professor Nqosa Mahao should be allowed to contest the deputy leader's post. He was nominated by the ABC's Koro-Koro Constituency Committee which was then suspended by the party's outgoing NEC for refusing to withdraw his nomination.
Dr Mosisili's retirement from the DC leadership created some tensions within the party between supporters of then deputy leader Mathibeli Mokhothu and then deputy secretary general Tlohang Sekhamane who threw their hats into the contest to succeed the former prime minister.
Peace and stability were soon restored to the DC when Mr Sekhamane graciously conceded defeat in the elections which were held in January.
But conflict continued in the ABC where the Koro-Koro Constituency Committee stuck by its nomination of Prof Mahao and even filed a court application challenging its suspension and the then NEC's refusal to accept the nomination of Prof Mahao.
Thabane savages Mahao, then issues apology
Prime Minister and leader of the All Basotho Convention (ABC), Thomas Thabane, savaged Professor Nqosa Mahao, saying the latter was "just a rag" who should not be elected to deputise him.
Addressing scores of party members at a rally in his Ha Abia constituency in Maseru, Dr Thabane vowed his party's faithful would not elect Prof Mahao to succeed him at the helm of the ruling party. He said Prof Mahao was not even a member of the ABC and challenged backers of the then National University of Lesotho (NUL) Vice-Chancellor to leave the ABC and join in a new party the Prime Minister alleges Prof Mahao has started.
A day later, the premier apologised for the blistering attack, saying he had used "harsh words" on Prof Mahao which were "not acceptable". Despite the apology the stage had been set for the fallout and power struggle between the duo which continues into 2020.
I want to be PM until 2027: Thabane
Prime Minister Thomas Thabane announced that he wants to remain in office until 2027 when he will only be two years shy of the ripe old age of 90.
The next general elections are due in 2022 and Dr Thabane vowed to contest them for another term in office. If he gets his wish, Dr Thabane who turned 80 in May 2019, will be 83 then. Should he win in 2022, he will be 88 when he completes that term.
First foreign judge jets in
Zimbabwean judge, Justice Charles Hungwe, became the first foreign judge to arrive in Lesotho to preside over the politically sensitive criminal cases involving politicians and members of the security agencies.
Justice Hungwe was sworn in on by the Acting Chief Justice, 'Maseforo Mahase, and immediately got down to work by presiding over two cases including that of eight soldiers who stand accused of murdering army commander, Lieutenant General Maaparankoe Mahao on 25 June 2015.
Business mogul Nthane shoots driver dead
Business mogul Tšeliso Nthane of Nthane Brothers Pty (Ltd) was slapped with murder charges for shooting and killing one of his employees in 'Moteng in the Butha-Buthe district on 10 January 2019.
Mr Nthane was hospitalised with hypertension in the aftermath of the shooting incident which has sent shockwaves around the country.
According to a police report, Mr Nthane whose businesses spans the construction, property development and other sectors, shot and killed his 51-year-old truck driver, Kopang Mohapi of Qacha's Nek. This after Mr Mohapi had been involved in a road accident at the Moteng Pass, about 171 kilometres from Maseru, while transporting construction machinery to Polihali in Mokhotlong for the Nthane Brothers Company which was recently awarded a massive road construction tender for the second phase of the Lesotho Highlands Water Project (LHWP).
ABC expels Prof Mahao
The All Basotho Convention (ABC)'s national executive committee (NEC) expelled Professor Nqosa Mahao from the ABC for taking the party to court over its decision to disqualify him from contesting the deputy leader's post.
Then ABC secretary general, Samonyane Ntsekele, said the National University of Lesotho (NUL) vice-chancellor had automatically expelled himself from the party by dragging it before the courts to challenge his disqualification from contesting the deputy leader's post.
Mahao wins ABC leadership contest
Professor Nqosa Mahao became the new deputy leader of the ABC after powering to victory at the party's drama-filled elective conference on 1 and 2 February 2019 in Maseru.
Prof Mahao polled 671 votes to beat his nearest challenger, Finance Minister Moeketsi Majoro who garnered 524 votes.
Others who took part in the much-hyped contest were the former incumbent, Public Works and Transport minister Prince Maliehe who got 236 votes and former party chairperson, Motlohi Maliehe, who obtained a measly 89 votes.
It was a sweet victory for Prof Mahao who had an 11th hour Court of Appeal order to thank for his place among the contestants. He said his initial disqualification from the party's elections was part of a "big conspiracy" by his rivals who were hell bent on delivering a pre-emptive "technical knockout blow on a very competitive candidate".
Forgive Nthane: Mosisili
Former Prime Minister Pakalitha Mosisili pleaded for forgiveness on behalf of businessman, Tšeliso Nthane, who shot and killed his driver Kopang Mohapi.
Dr Mosisili begged the family of Mr Mohapi to forgive Mr Nthane while addressing mourners at the deceased's funeral in White Hill, Qacha's Nek district.
Court interdicts new ABC committee
Acting Chief Justice 'Maseforo Mahase granted an interim order barring the newly elected NEC of the ABC from assuming the office until the main application seeking the nullification of their election is finalised.
Justice Mahase granted the interim order following an application by Ministers Habofanoe Lehana, Keketso Sello (Mining) and the ABC's legislator for the Rothe constituency, Mohapi Mohapinyane.
The trio want the court to nullify the election of Professor Nqosa Mahao and others to the party's NEC. They also want the court to order fresh elections within three months of the finalisation of their court application.
Ministers Doti, Hlaele fired
Prime Minister Thomas Thabane fired Law, Constitutional Affairs and Human Rights Minister Lebohang Hlaele and his Social Development counterpart, 'Matebatso Doti.
The Prime Minister did not give reasons for his decision, which is effective from 18 February 2019. But the Lesotho Times was authoritatively informed that the duo has been axed over their support of Professor Nqosa Mahao at the ruling All Basotho Convention (ABC)'s recent elective conference.
DCEO boss booted out
Prime Minister Thomas Thabane sent the Director-General of the Directorate on Corruption and Economic Offences (DCEO,) Advocate Borotho Matsoso, on forced leave pending the expiry of his contract on 30 June 2019.
The four-months forced leave meant that Advocate Matsoso's tenure at the helm of the anti-corruption agency, which began in June 2013, was effectively over as his contract was not be renewed.
The premier did not give reasons for the move which has shocked Adv Matsoso. He told the Lesotho Times that the decision was made after he wrote to the government expressing his desire to have his contract renewed.
America warns of threats to second MCC compact
The United States (US) ambassador to Lesotho, Rebecca Gonzales, warned that Lesotho risks losing out on the multi-million-dollar second compact under the Millennium Challenge Corporation (MCC) due to concerns about "unacceptable" corruption and police brutality against citizens.
Ms Gonzales also warned of a "delay or derailment (of the second compact) if we do not continue purposefully on the path of reforms and political stability".
She issued the warning during a ceremony to mark the signing of a US$5, 78 million (about M82 million) grant to assist Lesotho in the processes towards the development of the second MCC compact.
Kamoli, Mokhosi constitutional challenge stalls murder trials
THE pre-trial conferences of politicians and members of the different security agencies were put on hold pending the outcome of the constitutional application challenging the legality of the appointment of the foreign judges.
The constitutional application was made by the murder-accused former Defence minister Tšeliso Mokhosi, former army commander Tlali Kamoli and 14 other members of the different security agencies.
State House used to plot my assassination: Hlaele
Former Law, Constitutional Affairs and Human Rights Minister Lebohang Hlaele sensationally claimed that a plot to assassinate him was hatched at the State House, the official residence of the Prime Minister, on 2 February 2019.
Thabane attacks Court of Appeal, Mahao
Prime Minister Thomas Thabane attacked the Court of Appeal for its 1 February 2019 judgement which enabled Professor Nqosa Mahao to contest in the ruling ABC's national executive committee elections.
Dr Thabane accused the apex court of meddling in the party's affairs and warned that the alleged interference could split the ABC if its members did not urgently come up with internal remedies to their own differences.
ABC talks collapse, NEC factions back in court
THE feuding national executive committee (NEC) factions of the ruling ABC returned to the High Court after the lapse of the 13-day period they had been given by the court to negotiate a deal to resolve their struggle for the control of the party.
The talks failed to kick-off as the old and newly elected NECs refused to budge from their respective positions.
PM 'dodges bullet' as parly is indefinitely adjourned
PARLIAMENT was indefinitely suspended amid widespread speculation the move was aimed at staving off a possible vote of no confidence against Prime Minister Thomas Thabane while creating time for him to resolve the intestine power struggle within his All Basotho Convention.
LRA meets revenue target
THE Lesotho Revenue Authority (LRA), under the leadership of Commissioner General Thabo Khasipe, met its revenue collection targets for the first time in two years.
The tax authority collected and remitted to the government M6, 984 billion which was M114 million more than the set target of M6, 869 billion for the 2018/19 financial year.
Magistrates go on strike again
Magistrates embarked on their second strike action in less than a year, a move that paralyzed justice delivery in the lower courts.
The magistrates, who are unhappy with the government's failure to address their long-standing demands for higher salaries and better working conditions, also wrote to Acting Chief JusticeMaseforo Mahase, asking her to urgently convene a constitutional court sitting to adjudicate over what they say is "the unconstitutional scenario" in which they are treated as civil servants in violation of the separation of powers edict between the three arms of government; the executive, the legislature and the judiciary.
Chief Theko demands Thabane's ouster
PRIME Minister and All Basotho Convention (ABC) leader Thomas Thabane should be immediately recalled from his government and party posts, the Thaba-Bosiu Principal Chief, Khoabane Theko, demanded.
The outspoken Chief Theko, who is also the senate chief whip, said the ruling ABC should convene a special conference to recall Dr Thabane whom he accuses of ceding control of both the party and the governing coalition government to his wife, 'Maesaiah Thabane.
Defiant IEC commissioners sue govt
Then embattled Independent Electoral Commission (IEC) commissioners lodged a High Court application to compel the government to reverse its decision not to renew their contracts and instead ensure that their tenure is extended by another five years.
Army prisoners probed over national security breaches
THE army, police, prisons and intelligence service investigated what they called a major breach of national security after a mobile phone was smuggled into the prison cell of murder-accused army officer, Captain Litekanyo Nyakane, allegedly by his wife. The phone was then used to facilitate communication between Captain Nyakane and his fellow inmates and unnamed senior government officials and prominent politicians.
Prisoners are prohibited from keeping cellphones or any other communication devices in their cells. Captain Nyakane's wife, Mampho, has since been declared a threat to national security over her alleged role in smuggling the phone into the prison in November 2018.
ABC talks collapse again as NEC factions dig in
Negotiations between the warring old and new national executive committees of the ruling All Basotho Convention collapsed. The spokesperson of the new NEC, Montoeli Masoetsa, attributed the collapse of the talks to the two factions' failure to agree on an agenda for the negotiations that are aimed at resolving the infighting which threatens to split the Thomas Thabane-led party and collapse the almost two year-old government.
Mahase drops ABC bombshell
THE battle for the heart and soul of the ruling All Basotho Convention (ABC) took a dramatic twist after the Acting Chief Justice, 'Maseforo Mahase, nullified the party's 1 and 2 February 2019 elective conference which ushered in Professor Nqosa Mahao and others to the ABC's national executive committee (NEC).
Justice Mahase delivered the default judgement in an ex parte (one sided) application that was filed in the High Court on Tuesday and moved by Advocate Thulo Hoeane on behalf of his clients, Motseki Lefera, 'Matumisang Ntiisa and Martha Makhohlisa.
Justice Mahase in angry response to critics
Acting Chief Justice 'Maseforo Mahase threatened legal action against the supporters of the ruling All Basotho Convention (ABC), the opposition Democratic Congress (DC) and Lesotho Congress for Democracy (LCD) who staged a protest march to demand her ouster.
In an unprecedented show of unity, supporters of the three parties coalesced under the banner of the Voice of the Voiceless Association (VOVA), a civil society organisation and marched from Sethaleng Sa Mopapa to the High Court in Maseru to demand Justice Mahase for allegedly being a willing tool of the government in its alleged quest to undermine the independence of the judiciary.
Mapesela blasts security chiefs
Then Defence and National Security Minister Tefo Mapesela launched a blistering attack on Water Minister Samonyane Ntsekele and the three top security chiefs; Lesotho Defence Force (LDF) Commander Mojalefa Letsoela, Police Commissioner Holomo Molibeli and National Security Service (NSS) boss Pheello Ralenkoane.
In a no holds barred interview, the outspoken minister accused the security chiefs of refusing to take lawful orders and engaging in actions that he said could collapse the current democratically elected government. He also accused them of "badmouthing" him to Prime Minister Thomas Thabane.
Mahase savages Mosito
The age-old battle for supremacy between the offices of the chief justice and the president of the Court of Appeal was re-ignited with full fury. This after the under-fire Acting Chief Justice 'Maseforo Mahase attacked Court of Appeal President Justice Kananelo Mosito, accusing him of undermining her and usurping the powers of the office of the chief justice.
Thabane faces ouster
Prime Minister Thomas Thabane's grip on power was left hanging by a thread after a parliamentary no confidence motion was filed against him.
The motion was filed by All Basotho Convention (ABC) legislator for Koro-Koro constituency, Motebang Koma. It was immediately seconded by the Democratic Congress (DC)'s deputy leader Motlalentoa Letsosa.
Mr Koma proposed that the ABC's Mosalemane constituency Member of Parliament (MP), Samuel Rapapa, takes over as caretaker prime minister, presumably pending processes that would lead Professor Nqosa Mahao to assume the reins of power.
Major victory for Mahao
Professor Nqosa Mahao and his faction won the long-drawn out battle for the control of the ruling All Basotho Convention. This after the High Court dismissed an application by three ABC legislators seeking to nullify the Mahao group's election into the party's national executive committee (NEC) at its February 2019 elective conference.
Prominent ABC legislators, Habofanoe Lehana (Khafung constituency), Keketso Sello (Hlotse) and Mohapi Mohapinyane (Rothe) had filed the application seeking the nullification of the election of Prof Mahao and others, claiming the polls were marred by gross irregularities including "massive vote rigging".
Thabane dodges no confidence vote
Parliament was adjourned indefinitely amid widespread speculation that this was done to stave off a vote of no confidence against Prime Minister Thomas Thabane by disgruntled members of his own All Basotho Convention party and the opposition.
The Speaker of the National Assembly, Sephiri Motanyane, announced the indefinite closure of the august house but did not give reasons why it had been adjourned.
Thabane sued for contempt of court
The new national executive committee of the All Basotho Convention, fronted by Professor Nqosa Mahao, sued party leader and Prime Minister Thomas Thabane for contempt of court after he "expelled" several of its senior officials instead of heeding a High Court judgement legitimizing them.
Thotanyana dumps LCD
Former Mining Minister Lebohang Thotanyana cut ties with the opposition Lesotho Congress for Democracy (LCD), accusing the Mothejoa Metsing-led party of abandoning its founding principles of democracy.
Mr Thotanyana told this publication that he had decided to part ways with the LCD after the party's persistent failure to elect a new national executive committee (NEC) in line with its constitution and democratic practices. The LCD should have held its elective conference in February this year.
Ntsekele accused of plotting Thabane's ouster
Prime Minister Thomas Thabane's children accused former All Basotho Convention (ABC) secretary general Samonyane Ntsekele of feigning loyalty to the premier while plotting his ouster with opposition Lesotho Congress of Lesotho (LCD) leader Mothejoa Metsing.
The sensational claims were contained in a recent leaked telephone conversation between Dr Thabane's daughter, Advocate 'Mabatṧoeneng Hlaele, and her brother Potlako Thabane, which went viral on social media.
I have no ministerial ambitions: Metsing
Lesotho Congress for Democracy (LCD) leader Mothetjoa Metsing reiterated his call for a government of national unity (GNU) to lead the country in the implementation of the multi-sector reforms process that are seen as crucial to transforming the country's political and economic fortunes.
Law Society sues Thabane over Mosito
The Law Society of Lesotho filed an urgent High Court application to halt Prime Minister Thomas Thabane's bid to suspend Court of Appeal President Kananelo Mosito.
Thabane turns on daughter
Livid All Basotho Convention leader and Prime Minister Thomas Thabane hit out at his daughter 'Mabatṧoeneng Hlaele for taking up the cudgels on behalf of his antagonist, Professor Nqosa Mahao, in the battle for control of the ABC.
The premier also tore into his son-in-law, Lebohang Hlaele, suggesting that he had only entered into a loveless marriage of convenience with his daughter so that he could one day take over the ABC.
South Africa's Society for the Prevention of Cruelty to Animals (SPCA) confiscated 68 starving and emaciated horses belonging to the Lesotho Defence Force (LDF).
The horses were being kept on a small plot in Hobhouse in the Free State, about 131km from Bloemfontein. The farm belongs to the LDF.
700 000 Basotho face severe hunger
While politicians continue bickering over power, Lesotho faces its worst hunger crisis in recent years with at least 600 000 needing urgent food aid by the end of this year.
The figure could increase to more than 700 000 by the time of the next harvest in 2020, according to United Nations (UN) Resident Coordinator Salvator Niyonzima.
Mosito blasts Thabane
Court of Appeal president Justice Kananelo Mosito came out guns blazing against Prime Minister Thomas Thabane, saying the latter's "unlawful" moves to try and suspend him stem from the bitterness of seeing his faction of the All Basotho Convention (ABC) lose its case against its party rivals in the appeal court.
This followed Dr Thabane's 5 July 2019 letter to Justice Mosito demanding that the apex court boss "show cause" why he should not be suspended and impeached for allegedly interfering with the administrative functions ofActing Chief Justice 'Maseforo Mahase.
Mahao faction in court bid to oust Justice Mahase
"Expelled" All Basotho Convention (ABC) Secretary General, Lebohang Hlaele, filed a Constitutional Court application for an order to compel the Judicial Service Commission (JSC) to recommend the removal of Acting Justice 'Maseforo Mahase.
Mr Hlaele wants Justice Mahase removed from her post on the grounds that she breached the section 118 (2) of the national constitution by interfering with Court of Appeal President Justice Kananelo Mosito's duties. Section 118 (2) of the constitution states that "the courts shall, in the performance of their functions, be independent and free from interference".
Minister, MCC clash over graft claims
Then Local Government and Chieftainship minister Litšoane Litšoane accused councillors and officials of the Maseru City Council (MCC) of effectively stealing M3, 5 million meant for development projects to pay themselves loans and salary advances.
Mr Litšoane said the illegal diversion of funds had badly affected the council's cash flows to the extent that the MCC was unable to pay its employees their July 2019 salaries. As a result, the ministry had to divert M500 000 meant for an electrification project to help pay those salaries.
Rape charges against former minister withdrawn
A former minister accused of raping a 17 year old orphan is now free after negotiating an out of court deal to build a house for the victim and pay her M1000 in monthly maintenance in a seemingly corrupt judicial settlement condemned by top legal experts.
The former minister in question is Mootsi Lehata, who served in the Law and Constitutional Affairs portfolio, under the previous seven parties' coalition of then Prime Minister Pakalitha Mosisili which reigned between March 2015 and June 2017. He stands accused of raping and impregnating the 17 year old in Matsieng in January 2018.
But instead of standing trial for the alleged offence, Mr Lehata has negotiated the controversial deal to evade trial. The deal was endorsed by southern region Chief Magistrate Manyathela Kolobe.
Thabane can be ousted: Attorney General
The Nqosa Mahao-led faction of the All Basotho Convention (ABC) and their opposition allies received a massive boost from the Attorney General, Advocate Haae Phoofolo, in their quest to topple ABC leader and Prime Minister Thomas Thabane. This after Adv Phoofolo issued a legal opinion saying they were within their rights to file a no confidence motion against the embattled premier.
Govt ends LWC's wool and mohair monopoly
The government awarded new licences for the brokering and auctioning of wool and mohair to five companies, including South African brokers, BKB.
Two South African companies, namely BKB and OVK (CMW) and three local companies, Maluti Wool and Mohair Centre, Highlands Veterinary Services were granted licences to broker and auction wool and mohair.
Another local company, Frasers, was licenced to engage in the shearing and bulk storage of wool and mohair.
Mahao takes over ABC leadership
All Basotho Convention (ABC) deputy leader, Professor Nqosa Mahao, has "taken over" from "suspended" ABC leader Thomas Thabane.
Dr Thabane was "suspended" at the party's 7 September 2019 special conference for six years for alleged "uncomely behaviour" and sowing divisions within the fractious ruling party. The premier's suspension along with deputy secretary general, Nkaku Kabi, is the latest incident in the long-running battle for control of the ruling party between Prof Mahao and Dr Thabane.
I want to be prime minister in any GNU, Metsing declares
Lesotho Congress for Democracy (LCD) leader, Mothetjoa Metsing, dropped a bombshell, telling LCD supporters in Butha-Buthe that he will not settle for anything less than the post of prime minister in a government of national unity (GNU) with current Prime Minister Thomas Dr Thabane.
Moleleki speaks on ABC power struggle
Deputy Prime Minister and Alliance of Democrats (AD) leader, Monyane Moleleki, finally broke his silence over the infighting in the All Basotho Convention (ABC) of Prime Minister Thomas Thabane, saying he was doing all he can to save the lead party in the coalition from imploding.
Doctors suspend emergency services
Doctors indefinitely suspended critical emergency services at all government hospitals to protest the government's failure to address their demands for the provision of adequate medical equipment to enable them to do their work.
The doctors are also protesting the government's failure to increase their allowances for working outside the normal hours.
Legislators flex muscles against PM
In a rare show of unity, legislators across the political divide joined forces to unanimously endorse opposition legislator Advocate Lekhetho Rakuoane's motion calling for the amendment of the constitution to strip the prime minister of his arbitrary powers to dissolve parliament.
Judge Monapathi speaks
Senior High Court judge and former acting chief justice, Tšeliso Monapathi, criticised politicians for undermining the independence of the judiciary for their own selfish political ends.
The impeachment of different judges by different Prime Ministers in recent years best exemplified the quest by politicians to muzzle judges, Justice Monapathi said.
Magistrates sue govt over "poor salaries and benefits"
The gloves are officially off after the country's restive magistrates sued the government for failing to adequately remunerate them and guarantee their independence from the executive.
In their stinging unprecedented Constitutional Court application, the magistrates accuse the government of destroying their "morale, enthusiasm and passion" through its failure to adequately remunerate them and to allocate sufficient funding to enable them to discharge their duties.
Mokhothu criticises govt's debt culture
Democratic Congress (DC) leader, Mathibeli Mokhothu, criticised the Thomas Thabane administration for worsening the country's debt burden to fund vanity projects.
Mr Mokhothu gave the example of the M2, 4 billion loan which the government recently contracted for the construction of a sports facilities for the Africa Union Sport Council (AUSC) Region 5 Youth Games to be hosted by Lesotho next year.
Thabane must retire: daughter
Prime Minister Thomas Thabane's daughter, Advocate 'Mabatṧoeneng Hlaele, issued an impassioned plea to First Lady 'Maesaiah Thabane and other senior All Basotho Convention (ABC) and government officials to allow the veteran leader to retire from office saying he had become an international embarrassment.
Motanyane rejects no confidence motion against Thabane
Speaker of Parliament Sephiri Motanyane threw out a no confidence motion against Prime Minister Thomas Thabane saying it has no basis in law and parliamentary practice.
But members of parliament bidding to oust Thabane lambasted the Speaker's "biased" action and vowed to reject his ruling and restore the motion using parliamentary procedures and regulations.
Ministers accuse Mochoboroane of treason
Small Business Development, Cooperatives and Marketing Minister, Chalane Phori, and Home Affairs Deputy Minister, Machesetsa Mofomobe, have accused opposition Movement for Economic Change (MEC) leader, Selibe Mochoboroane, of treason against the first government of Prime Minister Thomas Thabane in 2014.
Massive victory for Mahao and allies
All Basotho Convention (ABC) Deputy Leader, Nqosa Mahao, and his allies won a massive victory after High Court judge, Justice Tšeliso Monapathi, overturned their 17 June 2019 "expulsions" from the fractious ruling party by its leader and Prime Minister Thomas Thabane.
Although the court verdict confirmed Professor Mahao and his allies as the legitimate national executive committee (NEC) of the ABC, their battle with Dr Thabane for control of the ruling party is far from over after some senior ABC officials announced they would not accept them back into the NEC, in apparent defiance of the court order.
Doctors sue govt over allowances and "slave" conditions
Lesotho's medical doctors filed an urgent Constitutional Court application to compel the government to increase their allowances and improve their working conditions.
The doctors are up in arms with the government for withdrawing their duty allowances paid at the rate of M7, 50 per hour which gave them an average of M600 per month. They want the court to compel the government to pay them allowances at a higher rate of M150 per hour which they consider "a fair return" for their work. They are also demanding monthly housing allowances of M10 000 each and another M10 000 "as managerial or responsibility allowance".
Tšepong headed for collapse
A top Netcare executive has asked the Lesotho High Court to place the consortium that runs Lesotho's only referral hospital under urgent judicial management, arguing that a failure to do so would land Lesotho in a "sovereign debt crisis".
In an application to the court, Netcare General Manager (Finance) Christoffel Smith revealed that the Tšepong Consortium, which runs the Queen Mamohato Memorial Hospital, is in serious financial distress and owes its creditors more than M320 million. He also warns that the failure to place the hospital under judicial management could result in its collapse.
The Professor Nqosa Mahao-led faction of the ruling All Basotho Convention (ABC) has upheld the suspension of party leader and Prime Minister, Thomas Thabane, and other senior ABC officials from the party for six years, ABC spokesperson Montoeli Masoetsa has said.
Opposition Democratic Congress (DC) leader Mathibeli Mokhothu has warned that they will not pass next year's budget unless the Speaker of Parliament, Sephiri Motanyane, allows them to table and vote on the no confidence motion against Prime Minister Thomas Thabane.