Africa-Press – Lesotho. In a highly contested race to the bench of the High Court, the Judicial Service Commission (JSC) has finally selected six prospective Judges. This is according to the JSC circular
published on Thursday last week. These developments come following the earlier JSC decision to freeze the positions owing to a shoe-string budget that
the Judiciary is operating by. “At its 204th meeting held on 22nd July, 2021 the Commission considered applicants and nominations and came up with the following six
(6) candidates who have met the shortlisting criterial (sic) published under the Judicial Service Commission Circular No.1 of 2021 dated 31st March , 2021,” reads the statement. The top six are: Mrs Fumane ‘Malebona
Khabo, Mr Moneuoe Stephen Kopo, Mr Realeboha Mathaba, Mr Makhele Julius Sekati, Mrs Kuena Mabotsoa Thabane and Mrs ‘Mamotšelisi Khiba. August 16th will see the
interviews of these candidates. The JSC had on February 15th this year advertised the seven vacancies of the positions of the Judges of the high court.
In April, the JSC issued a statement suspending the appointments of the judges saying: “At its sitting of the 20th April 2021, the Commission resolved to suspend the appointment of the Judges of
the High Court advertised on the 15th February, 2021, until further notice for the reasons beyond its control,” reads the circular in pertinent part. Then it did not say what the reasons
were for freezing the positions but later said it attributed the move to financial constraints. JCS is established through Section 132 of the Constitution.
Its composition is made of the Chief Justice as a Chairperson, the Attorney General, the Public Service Commission Chairperson and one of the Judges. The Secretary of the Commission is the High
Court and Court of Appeal Registrar. Section 132 (8) of the Constitution empowers the JSC to recommend the names of the judges and submit them to His Majesty the King for approval.
The Section 120 (2) of the Constitution on appointment of the High Court judges reads: “The puisne judges shall be appointed by the King, acting in accordance with the advice
of the Judicial Service Commission. ” The members of the public, civil society groups, legal practitioners, Law Society, Director of Public Prosecutions, Faculty of Law (National University of Lesotho), and the
churches were invited to submit written objections. Also April 22nd was to be for the publication of the prospective interviewees, place and time of the interviews to be held in the public media.
According to the JSC earlier roadmap, the first stage of interviews, written questionnaires thereafter oral interviews as the second stage of the interviews were both to
be held in public. Then the final round will be the submission list to the King. The prospective judges will be judged on the following qualities: experience and education,
competence, good communication and listening skills, courage and independence, ethics/integrity, Judicial Temperament and jurisprudential leadership and
health and life. The four rating in which to assess them are: no match, weak match, good match and extremely good match. The situation at the high court is said
to be critical owing to the chronic shortage of the judges and the resources resulting in among others the increasing backlog of cases. In its attempt to decentralise the high
court, the government had constructed court complex, Tšifalimali Court Complex in Leribe and it is reported to have reached completion and is due to open soon
according to the Prime Minister. It boasts two court rooms and two judges’ chambers amongst others. It is expected that the two judges will be posted at this court once it begins its operations.
The high court bench suffered loss following the death of the two judges last year, 2020, Judges Lebohang Molete and Lisebo Chaka-Makhooane who passed away in May and July respectively both serving
at the Commercial Court and Division of the High Court respectively leaving that court without judges until present. Also, in July last year the two high
court judges, Justices Teboho Moiloa and Semapo Peete went for retirement. Currently the high court has eight judges including the Chief Justice. The active high court judges are: His Lordship Sakoane Sakoane (the Chief Justice),
Judge Tšeliso Monapathi, Judge Thamsanqa Nomngcongo, Judge ‘Maseforo Mahase, Judge Molefi Makara, Judge Moroke Mokhesi, Judge Keketso Moahloli and Judge Polo
Banyane. The names of the nominees were: Lerato Lisele-Mokhesi, Tšabo Matooane, Tšeliso Bale, ‘Mabatšoeneng Hlaele, Nkoebe Ramabele, Mokhele Matsau, Makhele Juliea Sekati, Moneuoa Kopo, ‘Mamotšelisi
Mary-Theresa Khiba, Manyathela Clement Kolobe, Kuena ‘Mabotsoa Thabane, ‘Mamosa Amelia Mohlabula-Nokana, Fusi Sehapi, Fumane ‘Malebona Khabo, Mosoeunyane
Masiphole and Realeboha Mathaba. Those who threw their name in the hat were: Itumeleng Shale, ‘Mapitso ‘Marethabile Rantja Leseeo, Tšeliso Mokoko, Thabo Mpaka, Palesa Rantara, Hopolang Nathane, Hlabanyane Monyake, Molemo
Monethi, Makhetha Maliepollo, ‘Mafelile Ralebese, Sekake Malebanye, Nthabiseng Moopisa Motilane, Itumeleng Ralebese-Letsika, Motlatsi Petrose Kolisang, Thamae Thamae, Teboho Thoso, ‘Makampong Gugu Mokhoro, ‘Matankiso Nthunya, Ratšolo Paul Thulo and Peter C. Murenzi.
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