Sakoane warns of dire situation in courts

• Underscores judiciary’s resilience, commitment to progress despite limited resources
• Emphasizes importance of collaboration between judiciary, government to ensure effective and accessible legal system to all

‘MATHATO SEBOKA

MASERU – Chief Justice Sakoane Sakoane has complained of the alarming increase of criminal cases in the country’s courts, underscoring, in the same vein, the judiciary’s resilience and commitment to progress despite limited resources.

To address the challenge and the long-drawn-out backlog of cases in the high and other courts in the country, Sakoane laid emphasis on the importance of close collaboration between the judiciary and government to ensure the legal system remains effective and accessible to all citizens.

The Chief Justice made these remarks on the occasion of the opening of the High Court of Lesotho at the Palace of Justice grounds in Maseru on Monday.

“There is an alarming increase of cases committed by use of guns, rape and theft of stock…and the criminal justice system cannot cope with such an increase. This is a clarion to both parliament and the executive to come to the rescue by providing the justice sector institutions with resources,” appealed Sakoane.

He pointed out that making more laws without corresponding availability of resources was a futile exercise, and not a solution.

“When new laws are enacted, there should be a legislative audit on their impact on the existing infrastructure and manpower,” said Sakoane.

The Chief Justice applauded the refurbishment of  10 courts, being the local, central and the high court in the current financial year and. There has also been a proposal for the construction of a permanent structure for the Southern Division of the High Court, which is at the preparatory stage.

“I thank the government for the support of a project like the refurbishment of the Children’s Court in Maseru. The Berea, Leribe, Mohale’s Hoek and Thaba-Tseka Magistrate Courts have been completed. Refurbishments are also underway in Mafeteng and Mokhotlong,” said Chief Justice Sakoane.

He said that the purpose of the refurbishment is to provide safe and conducive environment in the administration of child justice.

Chief Justice Sakoane further pointed to new vacancies that have emerged in the bench in the past judicial year, indicating that Justice Hopolang Nathane passed on, while Justice Tšeliso Monaphathi and Justice Keketso Moahloli resigned.

“Following the departure of the said judges, advertisements were made to fill vacancies and creation of more posts. The Judicial Services Commission (JSC) was able to appoint Doctor Itumeleng ‘Mamokhali Shale to our judicial family,” said Sakoane.

Sakoane also revealed that in the 2024 judicial year a number of protocols were adopted in an endeavour to continuously modernise and strengthen the administration of justice, widen access to justice and its speedy delivery.

Among the adopted protocols is the High Court Civil Litigation Rules, 2024. These are rules making a paradigm shift from lawyer-driven litigation to a judge-driven case management.

The Chief Justice said these are a game-changer in the enrolment and hearing of cases, ensuring that only case that are court ready are diarised for hearing.

There is also the Code of Ethics for Judges of 2024 which he said has been gazetted. It regulates the conduct of judges in superior courts. The code provides information to members of public on the standards of behaviour on and off the bench.

It is with reference to this code that judges are held accountable.

“Lastly, the draft of the Criminal Procedure and Evidence Rules has been finalised. It will be circulated to judicial offices, lawyer, Director Public Prosecutions the and Commissioner of Police for comments.

The draft rules provide for the administration and enforcement of the Criminal Procedure Act of 1981 and the protection of the rights of accused persons, victims of crime and vulnerable witnesses,” he elaborated.

The Chief Justice also noted the signature, in July last year, of a Memorandum of Understanding between the Chief Justices of Lesotho and Namibia, which, amongst others, covers the digitisation of courts and ICT, performance management, and human capital development – including judicial education and training and learning management systems, judicial administration and strategic leadership.

The judicial staff observed a moment silence in remembrance of judiciary staffer who lost their lives in the previous year.