CEREMONIAL OPENING OF THE HIGH COURT SESSION BY HIS
LORDSHIP THE CHIEF JUSTICE MR ML LEHOHLA
TUESDAY 1 ST FEBRUARY 2005
HIS MAJESTY KING LETSIE III,
THE RT. HON. THE PRIME MINISTER,
THE HON PRESIDENT OF THE SENATE,
THE HON. MADAM SPEAKER IN THE NATIONAL ASSEMBLY,
THE HONOURABLE DEPUTY PRIME MINISTER,
HONOURABLE MINISTERS,
THEIR LORDSHIPS AND LADYSHIPS, JUDGES OF SUPERIOR
COURTS,
YOUR EXCELLENCIES MEMBERS OF THE DIPLOMATIC MISSIONS
THE HONOURABLE ATTTORNEY GENERAL,
PRINCIPAL AND WARD CHIEFS,
CHAIRMAN OF THE PUBLIC SERVICE COMMISSION,
CHAIRMAN OF THE TEACHING SERVICE COMMISSION,
HONOURABLE OMBUDSMAN,
GOVERNMENT SECRETARY,
DIRECTOR OF ELECTIONS,
PRINCIPAL SECRETARIES,
THE VICE-CHANCELLER OF THE NATIONAL UNIVERSITY OF
LESOTHO,
THE REGISTRAR OF THE HIGH COURT AND COURT OF APPEAL,
THEIR WORSHIPS THE CHIEF MAGISTRATES,
YOUR HONOUR THE PRESIDENT OF THE LABOUR COURT,
YOUR HONOURS THE JUDICIAL COMMISSIONERS,
DEPUTY REGISTRARS,
THEIR WORSHIPS THE LEARNED MAGISTATES ALL,
ASSISTANT REGISTRARS,
THE PRESIDENT OF THE LAW SOCIETY,
THE DOYEN OF THE LEGAL PROFESSION, MR SELLO KC
CROWN COUNSEL,
MEMBERS OF THE BAR AND SIDE-BAR,
LADY AND GENTLEMEN ASSESSORS,
BARUTI BA MOSHOESHOE,
DISTINQUISHED QUESTS,

2
It is my humble privilege and great honour to bid you welcome to the ceremonial opening of the First Session of the High Court in its Judicial
Calendar for the year 2005.
Among the members of the judiciary and legal profession who passed away in 2004 can sadly be mentioned the honourable Mr Justice William Peter
Schutz who had previously served the Lesotho Judiciary as a Judge of
Appeal and later President of that court for a period spanning the years 1979 and 1990 before resigning and taking up an appointment as a Judge of
Appeal in his own country, South Africa. Needless to say the last six years of his service in Lesotho were spent in that most elevated capacity I have just mentioned.
Further sad news was about the passing of three of the Legal Practitioners that year. These were Mr Cornelius Makafane Lehloenya, who died on 15 th
October, Mr Refiloe Litsoane and Mr Thomas Makintane on 18 th December.
A tragic natural disaster occurred on 25 th December of that year when a massive ripple called Tsunami developed in the bowels of the Indian Ocean leaving in its wake upwards of 150 000 dead.
It is accordingly with a deep sense of sorrow that we in the judiciary convey our heartfelt condolences to the members of the bereft families.

3
SHALL WE RISE TO OBSERVE A MINUTE’S SILENCE THEREFORE.
Thank you
May I welcome the Honourable two Judges namely Mr Justice Motata and
Mr Justice Moloto from the Gauteng Provincial Division. The two came here previously to conduct a course on Advocacy. I must say that the course was very well received. Once more we thank them for that and the fact that they continue maintaining contact with our Judiciary in Lesotho and have come to add spice to the festive events of the day. This is a clear sign that cooperation and brotherhood among the judiciary in the SADC area is alive and well. May its buoyancy be sustained and be allowed to flourish.
Statistics of cases completed in 2004 reflect the following
STATISTICS OF COMPLETED CASES – 2004
CRIMINAL CASES
Criminal Trials
Criminal Reviews
Criminal
Applications
Criminal Appeals
Criminal Sentence
TOTAL
28
15
FILED COMPLETED PERCENTAGE RISE FALL
177
94
814
37
66
780
20.90%
70.21%
95.82% 0.4%
10.10%
16.79%
15
8
53.57%
53.33%
5.7%
15.8%
1128 906 80.31%

4
CIVIL CASES
Civil Trials
Civil Applications
Civil Appeals
Adoptions
Admissions
Constitutional Cases
24
86
5
FILED COMPLETED PERCENTAGE RISE FALL
582 150 25.77% 7.34%
627
23
75
19
11.96%
82.60%
13.27%
18.40%
24
86
2
100%
100%
40%
Same
Same
60%
1347 356 26.42% TOTAL
COURT OF APPEAL STATISTICS
CRIMINAL APPEALS
NOTED CASES
13
COMPLETED
CASES
6 = 46%
WITHDRAWN
CASES
2 = 15%
PENDING
CASES
5 = 39%
39% of pending appeals comprises 5 appeals that have not been transcribed, 23% were noted after the Court of Appeal’s sitting .

5
NOTED
APPEALS
15
CIVIL APPEALS
COMPLETED
APPEALS
WITHDRAWN
APPEALS
7 = 47% 7 = 47%
PENDING
APPEALS
1 = 8%
8% of the pending appeals comprises 1 case that has not been prosecuted by appellant.
For the period under review the position in statistics is not much different from that for the previous year except with regard to criminal trials where an otherwise promising trend took the dip.
The salient points to note with regard to criminal trials in the High Court for the period under review show a rise in the criminal cases filed. Whereas in
2003 they numbered166, last year they numbered 177. Of these only 37 were completed as compared with 51which were completed the previous year. The reason for this disparity is that Judges found themselves having to hear very long trials last year. This I am afraid does not augur well for the attempts being made to get rid of the backlog that is experienced in this particular area despite determined efforts to that end. I would hasten to point out though that the gloomy picture painted by the sample taken at random for that matter does not represent the overall position in other areas as well. What we can proudly acknowledge is that two years in a row up to now a truly dependable record of statistical data is kept.
Furthermore the action plan which we put in place one and half years ago geared towards delay reduction and backlog elimination has been fine-tuned

6 through adoption of mechanisms and strategies introduced by the Lesotho
Justice Sector Development Programme. Of the various steps needed to be taken to this end common sense cautions that it is of paramount importance to set realistic goals as indeed serious effort at delay reduction in the trial courts cannot achieve significant breakthroughs in one year period of time.
Normally a delay reduction programme, as has been the case in Asia and many African States, would take no less than three to five years to achieve any kind of meaningful breakthrough.
There is also reason to be optimistic with regard to what the future generally holds for the judiciary’s performance. This hope derives mainly from blockbuster efforts being made to tackle head-on and on very broad base the problem that has been the source of much despair for a long time in the
Judiciary. A new realisation came to bear on the fact that failure of the
Judiciary is not a malady that requires a remedy restricted to the judiciary as such, but is something more broad-based than that and therefore needing that other sectors forming a chain of which the judiciary is only one of the links be subjected to wholesale curative treatment as well.
The sheet-anchor on which this welcome hope is based is none other than the Lesotho Justice Sector Development Programme (LJSDP). The inception phase of this programme which commenced its implementation in August,
2004 proved to be a magic charm to our despair from the word go. This programme is funded by the British Government through its development agency i.e. the Department for International Development (DFID) to the tune of £5.5 pounds stirling over a period of five years. Undoubtedly this programme founded as it is, on such sound financial footing and run on

7 healthy professional lines will go a long way in addressing the delivery gap that presently exists in the administration of justice. The LJSDP commenced with an eighteen months inception phase that has culminated in the achievement of the following milestones:
WORKSHOPS FOR STAKEHOLDERS
(Role LJSDP Secretariat)
The LJSDP with its multidisciplinary approach to justice issues was established in January, 2004 as the think-tank for identifying problems besetting the speedy administration and delivery of justice. Institutional workshops for the Police, the Prosecution, the Law Society, the Legal Aid, the High Court, the magistracy, the Prisons and the Probation Unit were held with the overall purpose of identifying both internal and interagency institutional problems impeding the effective and speedy delivery of justice.
MEANS UTILISED TO INVOKE PUBLIC INVOLVEMENT
One of the effective ways used to enable the public to justifiably lay claim to things being done in their name was a Baseline Study on the public perception regarding the justice sector. This study was carried out with the research assistance of the Training and Development Institute (TADI). The study which was conducted in three districts of Maseru, Mafeteng and Berea covering a population of over 30%, solicited public opinion on the performance of the various institutions of justice. The general trend of results obtained from the study indicated a need to address issues on safety and security, delivery of justice, access to justice, diversion from the formal

8 criminal justice system for sentencing, promotion and protection of human rights of the vulnerable groups in society who are affected by the criminal justice system. These are women, children, the aged, people with disabilities and victims of crime. The need for a new look was felt in the area of penal reform, HIV/Aids, the fight against corruption and human resource development.
STRENGTHERNING LEADERSHIP WITH APPROPRIATE
MANAGERIAL SKILLS
Other notable achievements made during the inception phase of the project included holding of Change Management and Leadership Seminar for Heads of Justice sector departments from the 19 th to the 23 rd of July, 2004 with sole purpose of providing them with diagnostic skills on strategic planning and management such as the SWOT analysis the PESTEL and many others.
SWOT is an acronym for Strengths Weaknesses Opportunities and Threats while PESTEL stands for Political Economic Social Technological
Environmental and Legal (skills). A Justice Sector Conference held from
26 th to 30 th July, 2004 brought together representatives of all justice agencies to debate in a common forum a range of practical solution oriented papers geared toward finding solutions to problems in the administration and delivery of justice. A range of recommendations adopted at this forum set the stage for the preparation of an overarching strategic vision and plan for the police, prosecution, the courts, the legal profession, prisons, Legal Aid,
Probation Unit and Civil Society organisations dealing with justice issues.

9
IMMEDIATE POSITIVE RESULTS IN THE WAKE
OF THE APPLICATION OF THE SCHEME
Problems encountered in the case management, court administration and file management system and procedures led to a decision to pilot a dedicated roll and listing system of cases. Within a space of two months there was realized an improvement of 120% in the utilization of the courts according to dependable calculations by the office of Mr Peter Viner the Chief Project
Overseer. A similar system for enhancing coordination, allocation and management of cases at the Maseru Magistrate’s court is being put in place effective from January 2005. Performance management instruments for
Judicial Officers have also been designed to measure the performance of judicial Officers in their respective categories with effect from the start of this year. The introduction of the performance management instruments is a demonstration of the judiciary’s commitment towards the attainment of leadership with innovative strategies geared towards results. The performance management tools will help provide accountability and clarity regarding case disposal rate. This, it is believed, will restore public confidence in the ability of various institutions to live up to the purpose for which they were established i.e to coordinate in chain like fashion for purposes of securing the attainment of smooth running, dependable and speedy delivery of justice.
FURTHER DEVELOPMENT IN THESE FIELDS
The judiciary cannot achieve results on its own without the efficient and effective support of the police the prosecution and the legal profession. In

10 an attempt to bridge this gap public prosecutors and crown counsel were trained in advocacy in November 2004. In respect of the police, two investigation training courses were held in October and November 2004 respectively, for skills development in the investigation of crime. A standard file format for prosecution was also developed with a working core group of the DDP’s chambers, the Directorate on Corruption and Economic
Offences and the Lesotho Mounted Police Service. This file format is being piloted in the Directorate on Corruption and Economic Crime. The British
Government is sincerely thanked for the technical support rendered through
DFID for the capacity building programme provided for the Police and prosecution.
JUSTICE SECTOR VISION AND STRATEGIC PLAN
The development of a vision and strategic plan for the justice sector was developed along key National Goals of the Government of Lesotho, the
Poverty Reduction Strategy Paper (PRSP), and National Priority three on deepening democracy, good governance, safety and security and improving the efficiency of the justice system. The specific ministerial goals that have been adopted by the justice sector vision and strategic plan in December,
2004 for addressing delays in the dispensation of justice include better efficiency and delivery of justice through improved court administration systems, case management, execution of judgments and increased consultation, communication, accountability, cooperation in the justice sector, access to justice by the poor and vulnerable groups of society through decentralisation of justice sector services such as the Legal Aid, Probation
Unit and the courts, including the creation of child friendly courts in matters

11 of procedure and environment, the enactment of laws that enhance more and more the rights of the vulnerable groups who come into contact with the criminal justice system.
The reform of the penal system through the use of diversion from the formal criminal justice system, community service, probation orders and restorative justice is yet another key strategic goal and objective of the justice sector vision plan. An appropriate response to HIV/AIDS in the sector through the promotion of voluntary counselling and testing prevention treatment, care and support, including impact mitigation of the pandemic remain the core focus of the justice sector in managing the HIV/AIDS situation. In line with achieving the objectives set in this regard on a day in October/November last year Court business was suspended in order to enable honourable Judges and staff to go to relevant centres erected in Court premises to test for their status vis-à-vis HIV/AIDS and if need be go into counselling programme. I underwent the test. I would encourage everybody who hasn’t to overcome their fear and take the plunge.
FEBRUARY 2004
February last year was characterised by three notable events. First Judge
Kumbleben was appointed acting Justice of Appeal. Next, the three Chief
Magistrates Mrs Mahase Mr Makara and Mr Mohale have been assigned their jurisdictional regions, namely North, Central and South respectively.

12
Finally the three positions of Assistant Registrars were filled in the High
Court.
MARCH 2004
The Chief Justice and his spouse were invited to the inauguration of the
Constitutional Court of South Africa. The trip was financed by the
Government of Lesotho and of the People’s Republic of China on half shares. We are grateful for the efficacy of this show of cooperation by the two governments.
The acting Judges namely Mr Justice Moiloa and Mr Justice Teele were appointed to the High Court Bench and after a while resumed their normal practice after giving highly valued assistance to the Judiciary for which we are most thankful to them. They will be joining us again before the end of this year after the fashion of a swallow that keeps going in and out of its nest.
APRIL 2004
The Chief Justice was invited by the Chief Justice of Zambia to deliver a talk on Corrupt Practices and Trans-national organised Crime by
Multinational Companies. The paper was circulated and a copy kept in the
Library.

13
MAY 2004
Her Ladyship Madam Justice Nthomeng Majara was appointed acting
Puisne Judge of the High Court to fill the gap created on resignation by
Judge Ramodibeli who took up appointment as President of the Appeal
Court in the Syschels. She has remained on the bench in that capacity to – date. Her appointment precipitates a significant event hailed as a positive step which was not bargained for namely that in line with the SADC policy of women’s empowerment necessitating a minimum requirement of 30% ratio of women to men in all public sectors, in this honourable Judge’s appointment Lesotho’s Judiciary blissfully secured its foothold in that
Threshhold.
JUNE 2004
For the first time since the launching of a programme for training local law trainees a formal graduation ceremony was held in honour of the successful candidates. It proved an encouraging success.
JULY 2004
The High Court Judges and heads of the magistracy went for a three day retreat at Mohale Dam. The event was a result of an invitation by Lesotho
Revenue Authority (LRA) which sought to initiate the judiciary into the workings and implications of a campaign intended to be carried out for tax collection. The remainder of the time spent there was devoted to discussion

14 of various topics of interest and possible ways of solving problems facing the judiciary.
The Chief Justice went on a trip to Washington DC and Canada following an invitation by the President of the World Bank for a tour of Judicial
Institutions of the United States and a request to undergo an intensive
Judicial Education Study Programme for Judicial Educators in Halifax and
Ottawa Canada. The trip lasted one and half months approximately. The
World Bank was interested in knowing something about Lesotho beyond the commonplace subject of finances. Hence I was called upon to address the bank staff on the role of customary law in developing Africa with particular reference to Lesotho. Furthermore I was asked to deliver a talk on corruption. Both papers were circulated and copies kept in the Library. The trip and the entire course were financed by the World Bank. I am sincerely thankful to the World Bank for such a generous gesture and support without which I would not have been able to be exposed to truly useful material and fruitful application of technical methods which fit in so well with the practical goals aimed at by the involvement of LJSDP in our midst. It was thanks to that trip that our judiciary has been able to draft ethical principles for the Judiciary based on the Bangalore Draft but with a strong Canadian flavour. The draft is ready for circulation among learned Judges before hopefully being adopted. I found the emphasis on continuous Judicial
Education and training for judicial officers very relevant for promotion and strengthening of Competence, Efficiency Effectiveness and Impartiality of the Judiciary. We take courage from the interest and continued involvement of the World bank in the welfare of our Judiciary and other stakeholders as manifested by regular meetings held in the High Court under the

15
Chairmanship of Madam Justice Hlajoane alternatively of Chieftainess
Seitebatso ’Matholo Seeiso aimed at all-round improvement of service delivery.
The President of the Court of Appeal Mr Justice Steyn, Mr Justice
Monaphathi and Mr Justice Peete represented the Judiciary at a workshop held in Katsane, Botswana. I was furnished with the report of how this workshop went.
AUGUST 2004
The appointment of Judge Plewman to the Court of Appeal was extended upon his reaching the retiring age of 75.
The International Development Law Organisation (IDLO) courses conducted by experts in various areas aimed at equipping the Judiciary’s leadership with information technology skills, Court administration and effective decision making ability and training of trainers with effective technics encompassing delay reduction satisfactory delivery of service and utilisation of limited resources in the judiciary were run through funding by the Government of the United States of America. For this we are sincerely grateful.
SEPTEMBER 2004
Mr Justice Mofolo left for Tanzania on invitation to represent the Judiciary of Lesotho at the celebration of the 25 th Anniversary of the Court of Appeal

16 of the United Republic of Tanzania as well as the launching of the Judicial
Book by the Chief Justice of that place. He also left for Egypt in November to participate in an important course on Judicial Studies whose specific aim was anchored on Civil Judicial Process. We thank the Lesotho Government for financing both these beneficial trips.
Around the same time Mr Kometsi one of the Assistant Registrar left for the
United Kingdom for further studies under the auspices of the British
Council. We cannot thank them enough.
It is heart warming to see that thanks to the efforts of the Law Society the
Peter Mofokeng Memorial Lectures have assumed a feature of permanence on the annual calendar. It was an honour last year to have a Judge of
Madam Justice Mokhoro standing to deliver such a lecture. Encouragingly I learnt on reliable authority that the question of pensions for widows of the departed Judges is receiving serious consideration.
DECEMBER 2004
The Chief Justice accompanied by ’M’e ’Malehana was invited to deliver a paper on corruption at the Southern African Judges Commission’s
Roundtable of Landmark cases seminar held in Johannesburg in December last year. The trip was financed by both the Judges’ Commission and the
Government of Lesotho.
At its final sitting before this new session the Judicial Service Commission filled three out of four positions of Judicial Commissioners which had been

17 vacant for upwards of seven years in the Judicial Commissioners’ Court. All four vacancies in the Magistrate’s Court were filled as well as all fifteen positions which had become vacant in the Local and Central Courts due to retirements mainly, deaths occasionally; and resignations hardly.
SINGULAR ACT OF BENEVOLENCE
It is fitting for those of us in the judiciary in particular and all people of good will elsewhere to put their hats off to Mr Nthane for heeding the call that in order to give a more human face to the judiciary there should be a reflection in it of a manner that ties in with an ordinary Mosotho person’s sense of propriety, humility and willingness to share in the value of fellowship with ordinary citizenry.
Mr Nthane was convinced that a Mosotho person’s notion of a feast such as we have been having for countless years on days like today in the past, should be characterised by spilling of an ox’s blood and brewing of beer. In traditional practice a Court was a place where all menfolk used to convene for deliberations on local village issues and be supplied with food cooked in the premises while there.
In order then to meet these challenges which are dictated by need for positive change, and need to retrace our steps to ancestry, where this proves beneficial, Mr Nthane has kindly slaughtered for us a beast, a couple of sheep and brewed for us limitless flow of beer to which litigants and all are welcome to partake of at the Community Training Centre (CTC). This gesture is particularly appreciated as it also serves a useful purpose of giving

18 practical effect to the notion of alternative dispute resolution in the sense that litigants in particular would do well to take opportunity of this occasion to sink their differences in between draughts of beer (taken in moderation of course) and bites of chunks of beef and mutton. May Mr Nthane’s example be equalled or bettered by his colleagues in the business sector so that what we see today may become the starting point of similar events of which every
Mosotho would justly be proud.
Before we close I need indicate that the Commonwealth Lawyers
Association has invited the Chief Justice to London to preside in September over discussions by a panel of jurists on the important topic of …………….
I bet you guessed it correctly listen to it coming …………Corruption of course with a capital “C”. From this you are by now aware that there is something concerning the combat of corruption that the Basotho Nation can be immensely proud of. And why not! For this is a Nation noted for its extreme abhorrence towards such scourge. The judiciary is therefore warned against complacency in their stand against corruption to ensure its eradication from this Nation’s midst.
On the most positive note I wish to conclude by reminding this August congregation of what I reported last year namely that that in his graciousness
His Majesty King Letsie III bestowed the honour of King’s Counsel on the
Hon. Attorney General Mr Fine Lebohang Maema and Advocate Khalaki
Sello respectively in the years 2003 and 2004.
I may humbly point out that this is the first time ever in the history of this kingdom that this honour has been bestowed on the citizens of this kingdom

19 or anybody at all. As a result it occasioned quite a sport of effort and activity spanning the entire period between the whole of last year and the end of last week to try to create and adopt suitable form of scrolls to be issued under the hand and seal of His Majesty for Presentation to the abovementioned gentlemen.
It was thanks to the kind co-operation of the British High Commission with its inexhaustible fund of a whole range of precedents, the active participation of the Lesotho Law Society, the resourcefulness of the Palace staff, the indefatigable energy of Mr Sam Muganwa the intuitive sense of the
Registrar of the High Court and Court of Appeal the modest but effectual advice here and there by the Principal Secretary Miss Lebotsa, the enthusiasm and patience of Mrs Monyane and Mr Matsoso LIPAM that the
Chief Justice was able to settle on suitable form of scrolls as to content and design that should hopefully set a dependable prototype for use in similar such honours to be bestowed on legal practitioners deemed and found worthy thereof in future.
Will the Registrar ask the recipients to come forward to have handed over to them their scrolls neatly wrapped up in postal delivery tubes.
On behalf of His Majesty, the judiciary, this congregation and the entire
Basotho Nation I am pleased to convey to you our heartiest congratulations.
Finally, may I thank the Commissioner of Police Mrs Letooane and the army
Commander Lt General Motanyane for their kind assistance with the ceremonial opening. May I also thank the Parade Commander Captain

20
Mofoka, the Band Master Major Nkomo for providing us with music this morning and the Chief of Staff Major General Makoro.
Thank you all
Court will adjourn.