• Non-sitting of the Court of Appeal

    May 20, 2015 | News |
  • It has come to the attention of the Law Society Council of the recent impasse in the Judiciary system especially in regard to the non-sitting of the Court of Appeal for its first session which was supposed to have taken place in the month of April 2015.

    The Law Society Council then took steps to address this issue by writing to the judicial service Commission (JSC) to explain the reasons for the non setting of the Court of Appeal.

    In our letter we had expressed over concern to the effect that the JSC had failed to discharge its mandate to advice the King to appoint Justices of the Court of Appeal.

    To our amazement the JSC reiterated its stage on the reasons to   the three (3) rule procedure to the effect that three (3) names must be proposed for a vacancy for services of the Court of Appeal.

    That the President of the Court of appeal should consider localizing /indigenizing the Court of Appeal. It is on the basis of the above brief introduction that the Law Society of Lesotho wishes to inform the relevant stake holders and the Public at large that we as the Law Society detest with utmost contempt the actions by the JSC in failing to discharge its mandate of advising the King to appoint the Justices of the Court of Appeal.

    It is our stance that the failure of the JSC to discharge this mandate has seriously the administration of Justice. It will be recalled that about thirty eight cases were supposed to be heard for the April session but this has not happened. The consequential effect of this impasse can only mean that the litigants and affected members are seriously affected especially in the light of the saying that Justice delayed is Justice denied.

    It is therefore our view that it is of Paramount that the JSC reconsider its position and re appoint or appoint Justice of the Appeal Court so west in the interest of the dispensation of the Justice in Lesotho.