Africa-Press – Lesotho. The Minister of Justice, Law, Constitutional Affairs and Human Rights Professor Nqosa Mahao has expressed frustration over the government’s neglect of the challenges
confronting the Judiciary. He had also apologized to the Mohale’s Hoek Judicial staff at the Magistrate following his tour of duty at the district courts on Friday last week, where he saw their
deplorable conditions. “I wish to apologize on behalf of His Majesty’s government,” the Minister said, adding that the Judiciary’s problems are the result of negligent attitude by the
members of the Executive in successive governments on the Judiciary problems. The apology comes in the wake of run down courts, chronic lack of resources and office equipment
of the courts with Likoeneng Local and Central Court being the worst which have fallen into disrepair. “We owe the nation some things,” he said. The Minister was taking stock of the conditions of the
courts, learning first hand challenges from judicial officers, the conditions of courts where courts operate, in order to address them in the long run.
President of the Tsoloane Local Court Moorosi Thatsane said his court serves the Taung community from Ha-Sephapho to Mohalinyane which falls under Taung Principal Chief.
He said they handle mostly civil cases. Thatsane said most of the cases they preside over are range squabbles related cases including minor fights. Despite the lower
courts administering the Customary Laws, the Lawyers speak cases on the Local Courts the practice which the Minister said delays justice delivery and is
expensive for many Basotho. The President said since COVID-19 breakout, he presides about 7 to 10 cases per month. The court has a secretary, a court messenger, an office attendant and a guard.
On reigning challenges, he said the building of the court is not “satisfactory” adding that it leaks during the rainy seasons. He further said they delay receiving office
equipment, highlighting that sometimes they have to fork out money from their pockets to buy the resources. The President also highlighted that they no
longer get the upper courts judgements. Thatsane said although their court is powered, they do not have computers and copiers for office work. He also talked
of the staff residence which are in dilapidated conditions, and pleaded for resources and renovations. The Ministry of Justice, Law, Constitutional Affairs and Human Rights Principal Secretary (PS) Lebeko
Sello, said there is laxity over service delivery on the side of the servants. Sello said each place should be sufficiently resourced such that servants
should not wish they could be working at Maseru. The President of Mpharane Local Court at Maqoala, Thembeka Phakela said due to lack of heating system, their court is not conducive for work during the winter season.
She said the other challenge is that the court is not powered and is isolated from the village, adding that it is difficult to get help when they have problems
requiring urgent response. Phakela further noted that the court delivers about 10 judgements a month. Not only is their office equipment in shabby conditions, there are also problems with their
toilet facilities, as she mentioned that they are in no states to accommodate people. She said the other challenge is that of people not honouring subpoenas,
saying it poses a challenge to deal with their cases. The President said there is a security threat, as the court premises are easily accessible. Seemingly abandoned
court building of the Likoeneng Central and Local Court is in disrepair state where there are visible chasms on walls, with grass growing on stoep, wearing
out of paintings and ceilings. Likoeneng Central and Local Court President Lebohang Mokoteli is reported to have been narrowly missed by the falling piece
of ceiling that had worn off. Mokoteli said despite the shabby conditions, the work continues. He requested for immediate intervention to address their
immediate challenges. He said lack of resources impedes their work. It was reported that they are unable to pay accommodation and transport bills for their subpoenaed who are to testify.
There are eight courts in Mohale’s Hoek including the Magistrate Court. However, in a broader picture, there is a shortage of the staff at these courts.
He said they are afforded M16, 000 quarterly that serves the eight courts within the district. He said it is expected to cover operational expenses of the courts.
Mokoteli expressed confidence over the number of cases which the court hears. On average he disposes about seven cases monthly. The court is reported to hear about 20
criminal cases monthly, small claims constitute the majority which is about 15 per Magistrate. The Mohale’s Hoek court has four Magistrates including the
Chief Magistrate and two courtrooms. The South-Region Chief Magistrate Manyathela Kolobe said in the past the Public Service Commission would deploy staff for the Judiciary.
However, the Judicial Service Commission is now deploying staff for the Judiciary which he said it sits at ad hoc basis, he argued that there is a need that it should convene on a regular
basis for ease of recruiting the judicial staff when the need arises. Kolobe said they have a strategic plan which will see the LLB qualified personnel working as
they are more skilled than the current staff of the lower courts. The Chief Magistrate South Region expressed confidence over the Minister’s tour of duty.
Sehloho Mathe Senior Crown Counsel said he handles from 20 to 25 cases per month. He said they are facing dire shortage of staff, with only two members of staff.
He said the challenge, concerning the lagging over hearing of the murder cases is that, they always have to wait for the directives from the Director of Public
Prosecutions (DPP) arguing that they are well versed to prosecute the murder cases. He requested the “special instructions” from the DPP to file cases without
sending dockets to them. Mathe also expressed the need for the typist to lessen their workload. On the other hand, thePS said the courts should expect
that due to financial constraints faced by the government, the budgets are going to be decreased. Sello asked them to devise means in which they can use
“meagre” resources sparingly. The Minister said
if the courts’ staff are well resourced, their morale will be boosted for efficiency in the administration of justice. He nonetheless applauded the staff
for working in poor working conditions and in hard-to-reach places. “Where there is no justice, comfort and harmony will not exist,” Mahao said. He said
the exercise is bringing consciousness to the members of the public about the administration of justice. Reflecting on the Likoeneng Local and Central Court, he said it “takes the cup” as the most
neglected court in three districts he had toured. He appealed to court officials to exercise professionalism and good conduct. “Let us change public service,” he pleaded.
Professor Mahao said the bail grant should be reviewed. This he said reflecting on the alleged killer who was given bail and reported to have attended the funeral of his
alleged victim, the move which Mahao said is an “outright provocation. ” He further promised to engage the Chief Magistrates and Judges of the High Court to tighten the
‘hand of the law’ as far as bail grants are concerned.
“The wheel of justice seems to move slowly” he said, adding that he receives messages from
disgruntled members of the public who say their cases are not being heard and some move slowly. The Minister also promised to revive the integrated management system which will see the Police,
courts and Correctional Institutions connected through the internet for ease of case management. Mahao said there is an urgent need to decentralize the powers of the DPP.
He said he had requested the DPP to mount a system which will expedite the prosecution of murder cases. He promised to facilitate the review of the jurisdictions of the Magistrates in
which they can hear cases involving monies capped at M18 000 to M25 000 with the latter being heard by Chief Magistrate highlighting that the caliber of
Magistrates unlike in the past are now well versed in law because of undergoing extensive training in law. The Minister remarked that absence of peace threatens the potential investors.
He urged the Presidents of the courts to exercise impartiality in administration of justice. He further said courts should have sufficient Personal Protective Equipment (PPE) to keep the coronavirus
at bay. Mahao had undertaken similar exercises in Mafeteng and Qacha’s Nek and he said the next district is Quthing after which he will visit the courts in
the North and Central region. On the upper courts, he has already had an audience with the Acting Chief Justice and the Judges of the High Court. The Minister had, amongst others, promised to draft the bill which will have the
Chief Justice and the President of Appeal Court appointed by the Judicial Service Commission (JSC). The Minister’s delegation was made up of the Principal Secretary and other senior officers in
the Ministry, the District Administrator, the Members of Parliament, area Chiefs, Councilors and members of the community who are served by the courts in
question. In an attempt to decentralize the High Court, the government has constructed the Tšifalimali Court Complex in Leribe which according to the Minister of Law is expected to
operate before the end of this financial year that is by March 31, 2021. The court boasts two courtrooms, two Judges Chambers, two conference rooms and
female and male cells, one each. Also, Mohale’s Hoek is expected to have a similar court complex and the site for its construction has been identified.
The 118 (3) of the Constitution of Lesotho mandates the Executive to resource the Judiciary. “The Government shall accord such assistance as the Courts may require to enable
them to protect their independence, dignity and effectiveness, subject to this Constitution and any other law,” reads the Constitution in pertinent part.
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