Judiciary in crisis: top judge

The President of the Appeal Court, Justice Kananelo Mosito KC has expressed grave concern over the rapidly deteriorating state of the country’s judicial system.

Justice Mosito said the welfare of judges at the apex of the judicial system tasked with the gravest of constitutional and legal responsibilities, is being severely compromised.

His sobering assessment came during the inaugural session of the Court of Appeal, yesterday. The theme of the session was: ‘Towards a Resurgent Judiciary: Restoring Honour, Capacity, and Confidence in Lesotho’s Superior Courts.’

Justice Mosito stressed the critical role played by the High Court and Appeal Court in interpreting the nation’s laws, resolving disputes and safeguarding the rule of law.

Despite the sanctity and gravity of their responsibilities, he pointed out, working conditions for these Judges often fall short of the dignity and respect their office demands, undermining their ability to perform their duties with the utmost integrity.

“The President and Justices of Appeal, some of whom travel from other jurisdictions to sit in our courts, frequently find themselves operating in circumstances unbecoming of their station-courtrooms in need of urgent repair, limited clerical support, and insufficient technological assistance.

“The judicial chambers available, where they exist, are few and far between, and judges must often share modest accommodation or perform judicial duties from facilities that do not allow for the silence and concentration that adjudication demands,” Justice Mosito noted.

He further indicated that judges of the High Court who sit as ex-officio members carrying the heavy burden of both trial and appellate work do so without any corresponding enhancement in their resourcing or allowances.

There is, therefore, a real and pressing need to revisit the statutory and institutional framework that governs judicial welfare, “lest we continue to burden our judges with weighty responsibilities while denying them the means with which to bear them”.