Lesotho

Lesotho: New judgment reinstates Mosito

A DECISIVE new judgment by five acting judges of Lesotho’s highest court has found that the former president of the appeal court, Kananelo Mosito, who resigned to pre-empt his impeachment, has been validly reappointed by government. The new decision that will see the acting chief justice swearing in Mosito very soon does not, however, resolve Lesotho’s continuing judicial problems and in particular the alarming issue of ongoing political interference with the judiciary.

 

THE decision, delivered on Friday morning by the highest court in Lesotho, was entirely predictable given the tone of questioning and discussion in court during the hearing earlier in the week.

Lesotho’s Court of Appeal has not been operating for some time as the judicial crisis surrounding the head of that court has played out, but five acting judges, headed by former Zambian judge, Philip Musonda, were appointed to hear this matter.

High time to overhaul Lesotho’s offensive colonial-era laws

A SIGNIFICANT new decision from the high court in Lesotho has found that a widow is entitled to inherit according to the joint will that she and her husband made. The court also found that her deceased husband’s family could not contradict the wishes expressed in that will and use customary law to decide for themselves how to dispose of the estate.

 

Read the judgment here

THIS is a story that begins with a divorce: in 1991 to be precise, when the marriage of Sello Matete and his first wife, Malebina Matete, ended.

Some 20 years later Matete remarried, this time to Matebello Matete. Their marriage was by Christian rites and in community of property.

Lesotho’s acting chief justice slows pending litigation brought by sidelined Chief Justice

THE judicial crisis in Lesotho shows no signs of resolution. While the suspended Chief Justice waits in limbo for a tribunal to investigate government claims against her, the acting chief justice has stepped in to stamp her authority on the situation. Among others, the actions of the ACJ have slowed a planned constitutional court hearing scheduled to deal with the dispute between the government and the CJ.

IN the midst of the judicial crisis in Lesotho, that country’s new acting chief justice has moved swiftly to stamp her authority on the courts and on the processes that had been put in place to prevent the suspension of the beleaguered chief justice.

On Sunday afternoon, 16 September, the new ACJ, Judge Maseforo Mahase, granted an ex parte order against Lesotho’s Chief Justice, Judge Nthomeng Majara stipulating that the latter was barred from the precincts of the palace of justice. She also barred Judge Majara from any activities associated with the role of the CJ.

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