Lesotho

Lesotho amnesty deal unconstitutional – apex court

Relatives of people murdered allegedly on the orders of prominent politicians in Lesotho have gone to court to challenge a new agreement brokered by the Southern African Development Community (SADC). Under this agreement, all parties have been urged to join talks on the way forward for the country, and those now in exile out of fear of being charged with murder and other crimes, have been assured no action would be taken against them if they returned for the talks.

Read judgment

When Lesotho’s squabbling political parties bound themselves to a talk-shop, what – if anything – were the legal implications of that agreement? This question has become crucial in Lesotho, and it is made more complex by the fact that the idea of serious negotiations comes from the Southern African Development Community (SADC). Since SADC’s involvement is hardly a secret, what standing does any agreement related to the negotiations have in international law?

Constitution 'is the boss', Lesotho judge tells police

Respect for individual rights and the Rule of Law is collapsing in several states in this region – Zimbabwe being a prime example. So it is a welcome relief to find a decision by a high court judge that is dedicated to the preservation and protection of constitutional values. The judge concerned, Sakoane Sakoane of Lesotho’s high court, had some powerful words of warning for the police after finding that they had attacked and assaulted a man for no acceptable reason.

Read judgment

Tsolo Tjela is an unlikely candidate for police assault and brutality. At 51, he is solid citizen of Lesotho and chairs the Ha Likhotolo Village Crime Prevention Committee in the district of Mafeteng.

Litigation in Lesotho as King declines to appoint judges

Many people in the legal world will be aware of the looming constitutional crisis in Kenya where the President, Uhuru Kenyatta, has refused to appoint a number of judges whose names were presented to him by the Judicial Service Commission. Fewer, however, will have been aware that a similar problem has arisen in Lesotho and that litigation is now pending to test whether the King – Lesotho is a constitutional monarchy – may refuse to approve the appointment of candidates proposed by the commission.

No-one disputes that Lesotho has a serious shortage of judges. And with some having recently retired and two recent deaths, the situation has now become critical.

Towards the end of August, the Judicial Service Commission met to consider new appointments. There were five vacancies, and after the commission’s consideration, five names were finalised and sent to the King for appointment.

Pages

Subscribe to RSS - Lesotho