…as Judicial Commissioner’s Court struggles under financial strain
Hopolang Mokhopi
THE Judicial Commissioner’s Court (JudiCom) is buckling under the weight of financial and staffing challenges, with serious implications for the delivery of justice for marginalised individuals across the country.
Despite being the final stop for appeals from the Local and Central Courts, the Judicial Commissioner’s Court, based only in Maseru, managed to resolve just 46 percent of its caseload last year.
The reason is severe resource limitations. Out of the eight positions on the court’s roster, only two Judicial Commissioners are currently active.
This court handles appeals related to minor civil claims, family disputes, and minor offenses such as assaults and insults – matters first dealt with by Local Courts and, if unresolved, then by the Central Courts. Local Courts serve as the first contact point in the justice system for many Basotho, operating within communities to ensure that justice is accessible and efficient. They help ease the burden on higher courts by resolving smaller disputes close to home.
But when these disputes escalate to the Judicial Commissioner’s Court, the system starts to falter.
Senior Judicial Commissioner, Rabuka Chalatse, told the Lesotho Times this week that the court was struggling to meet its 95 percent case-resolution target. Of the 346 appeal cases recorded nationwide in the 2024/25 financial year, only 161 have been resolved (46 percent). A staggering 185 cases are still pending.
“Our biggest challenge is limited resources. We are expected to serve the entire country, but we simply don’t have the means,” Mr Chalatse said.
The Commissioners must travel to various districts to hear cases. Last year, they covered Mokhotlong, Thaba-Tseka, Butha-Buthe, and Berea. This week, they’re back in Butha-Buthe. But many districts remain untouched, including Leribe, where 100 appeal cases are still waiting to be heard.
Mr Chalatse emphasised the urgency of filling vacant positions, saying the number of active commissioners had remained at two for far too long.
“The list shows we should have eight Judicial Commissioners, but only two are currently working. This slows down the wheel of justice, and people are left waiting with no resolution to their cases.”
He also pointed to a dire need for logistical support.
“We need vehicles to reach remote districts. We also lack court recorders, which is becoming a serious issue, especially in Maseru. Some cases are delayed because the handwriting of presiding officers in Central Courts is unreadable.
“Staff shortages have worsened the crisis. Some officers have retired, others have died, and one has been reassigned to the Magistrate’s Court to help clear another backlog.
“The budget is simply not enough for the workload we face. We are only reaching about 60 percent of our targets at most, when we should be hitting 95 percent. And while the budget has been tight for years, it seems to be getting worse.”
He said in Maseru, unlike in other districts, they do not rely on court sessions but set dates for cases continuously. However, with so many old cases pending, new ones can barely be accommodated, leaving many people stuck in limbo.
When contacted for comment, Minister of Law and Justice, Richard Ramoeletsi, said the judiciary had been allocated funds as requested.
“I am not aware of any inability to carry out duties due to a lack of resources. It is still early in the financial year, and I do not believe any department can claim budget shortfalls at this stage.”
He referred the Lesotho Times to the judiciary’s chief accounting officer, High Court and Court of Appeal Registrar ‘Mathato Sekoai. However, she declined to comment and abruptly told the reporter not to call her again, instead referring all questions to the public relations officer of the judiciary, ‘Mabohlokoa Mapikitla.
Ms Mapikitla said she had referred the questions to her boss, Deputy Registrar Pontšo Phafoli. She later on said Advocate Phafoli was not at work.
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