Africa-Press – Lesotho. FIVE candidates who were shortlisted for appointment as judges of the High Court were on Monday grilled during interviews by the Judicial Service Commission (JSC).
The panel of four members interviewed the candidates asking them about their knowledge of the justice system in Lesotho. Some of the questions dealt with the oath that judges take and the challenges they face as a direct result of that oath.
The candidates were also interviewed about the constitutional jurisdictions of the High Court and its rules. Chief Justice Sakoane Sakoane, who led the panel of interviewers, said interviews for judges are done in an open forum worldwide.
“This helps the public to raise concerns if ever they had queries on a certain individual who wants to be appointed a judge,” Justice Sakoane said.
While interviewing Advocate Koena ’Mabotsoa Thabane, Justice Sakoane raised issues over a complaint that had been filed by the Law Society. He said the Law Society had informed them that there had been complaints that had been raised against Adv Thabane.
Justice Sakoane said the complaints had been raised by one ’Makopano and Mokoto in February this year. He wanted Adv Thabane to explain why she had not settled matters that had been raised by the Law Society before she came for the interviews.
He said that would give an impression that she would be conflicted if she is appointed as a judge when handling such matters. Advocate Thabane said the Law Society never brought the complaint to her attention.
“It was only last week when a messenger from the Law Society came to my office informing me that I should submit the letter of complaint (submitted) by the clients,” she said.
She said the people who had complained “were being sorted out”. However, Justice Sakoane said she should have called the Law Society back then to clear everything before coming to the interview.
He said Adv Thabane did not abide by the instructions of the questionnaire that she was asked to fill. Justice Sakoane said Adv Thabane was supposed to list all the reported cases which she appeared for but she did not do so.
Instead she mentioned an unreported case which does not appear in the law reports. He told Adv Thabane that in phase one of the interview, she did not answer the questions and for those she tried to answer she did not apply her mind.
The Chief Justice demanded to know why this had happened. Adv ’Mamotšelisi Khiba also came under fierce questioning from the panel. Chief Justice Sakoane raised concerns that Adv Khiba too did not give out a list of reported cases which she appeared for.
He told her that where the question needed her to list those cases, she listed 10 which she claimed were reported. But they turned out that they were all not reported in the law reports.
“None of the cases you listed were reported,” Justice Sakoane told her.
Justice Sakoane said on one of the forms Adv Khiba said she appeared in a certain case but it turned out after investigations that she did not appear nor was her name in that application.
“You cited cases which you did not appear for,” he said, adding that some of the answers she provided were as if she said someone would deal with them.
He told Adv Khiba that some of the information she had left would have to be included in the judgment in case she is appointed. “Will your carelessness not be seen in your judgments?”
Justice Sakoane said the first impression lasts.
When questioned by the other members of the panel about the jurisdictions of the High Court as well as its rules, Adv Khiba said she was not prepared to deal with the question.
She said she never thought she would be asked such questions which she did not prepare for. “I am not prepared, I thought I was going to be asked more on the characteristics of a judge or so,” she said.
Adv Khiba was then questioned on which oaths do judges take and the challenges they face based on those oaths. She said a judge takes oaths to keep secrets and not to be seen gossiping about the cases before him.
Justice Sakoane was surprised with the responses he got and argued there is no law that says so. “In court there are no secrets, which secrets are you talking about?” the CJ asked.
He demanded to know from Adv Khiba on average how long should judgments take before delivered because the public is concerned about delayed judgments. Adv Khiba responded that the judgment should not take more than 30 days before they are delivered.
Meanwhile, Adv Realeboha Mathaba, the Lesotho Revenue Authority Manager of Litigation, seemed to be more confident when answering the questions asked by the JSC.
He told the panel that even though he was asked about challenges judges face in regard to the oath they take, he does not see anything as a challenge if a judge is under oath.
Adv Mathaba said the biggest challenges judges face could relate to bribes that are offered by politicians. But he insisted that should not be a challenge to him.
He told the panel that he has had offers of bribes, threats and intimidations from prominent people, but since he knows his job, that did not stop him from executing his duties.
Adv Mathaba said he could not say there are challenges in an oath. He said the politicians have their way of tarnishing the judiciary and people fear losing their jobs.
So they end up accepting bribes. “I do not believe in that because an oath is an oath and it should be obeyed,” he said. Adv Mathaba said there are however possible challenges that a judge may default on his oath.
He said it is possible that a judge could come under pressure when handling high profile cases and if he is not fit, he may bow to pressure from the public and end up doing things their way.
He said even the shortage of resources may put a judge in a position that could make him violate his oath as he may find himself delivering a judgment in favour of politicians who assist the judiciary with resources.
Adv Mathaba said if he is to be given an opportunity to be one of the judges he would never be threatened by people or default on his oath, but he will definitely stick to his duties as a judge.
About six individuals were expected to be interviewed, however, one withdrew leaving five candidates. Justice Sakoane said out of the five candidates, only two will be appointed as judges and another advertisement will be issued.
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