Lesotho: Concern for judiciary

PRESS RELEASE

LESOTHO: ARBITRARY DEPRIVATION OF LIBERTY & THREATS TO JUDICIARY

Namibia’s National Society for Human Rights (NSHR) is deeply alarmed by credible allegations of systematic arbitrary deprivation of liberty taking place in the mountain Kingdom of Lesotho. According to the Lesotho Council of NGOs (Lecongo) the situation directly results both from unlawful actions by law enforcement officials and systematic interference in the affairs of the judiciary. Lower court judicial officers, adopting a “go slow” strategy as a protest against lack of the independence of the judiciary, compound the situation. The Government of Prime Minister Pakalitha Mosisili shows reluctance to address the grievances of magistrates, as Lower Court judicial officers are known in the landlocked southern African monarchy.

“The situation prevailing in the mountain kingdom is totally unacceptable and contrary to norms, standards and principles as envisaged in a panoply of relevant international instruments. In particular, this scheme of things undermines the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law and exposes persons so deprived of liberty to very serious crimes, such as torture and enforced disappearance. We are calling upon the Government of Prime Minister Mosilili to urgently institute corrective measures, including ensuring the independence of the judiciary, respect for the rule of law and justice for all in the country”, said NSHR executive director Phil ya Nangoloh.

The Government has been dragging its feet with regard to passing legislation, ensuring the independence of judiciary at the Lower Courts level. Lecongo points out to the failure to enact the six-year old Judicial Administration Bill as an indication of the Government’s reluctance to allow magistrates to become independent.

The 1985 UN Basic Principles on the Independence of the Judiciary requires States to respect and observe the independence of the judiciary and enable judicial officers to decide matters before them impartially without any restrictions, improper influences, inducements, pressures, direct or indirect threats or interferences from any quarter and for any reason.

The judicial system in the monarchy is hierarchically organized in three tiers, in the ascending order: the Lower Courts (i.e. Magistrate’s Courts), the High Court and the Appeal Court. While the High and Appeal Courts are perceived to be autonomous, the Lower Courts are directly answerable to the Ministry of Justice and Human Rights & Rehabilitation where the Minister has the power to ‘hire and fire’ Lower Court judicial officers.

NSHR is a private national non-profit making and non-partisan human rights monitoring and advocacy organization. Founded on December 1 1989 by concerned Namibian, the Organization envisages a world free of human rights violations and campaigns to secure, both in Namibia and beyond, due recognition and observance of all human rights and fundamental freedoms listed in numerous international human rights and humanitarian treaties and declarations adopted by the United Nations, its specialized agencies and similar regional and international bodies. NSHR maintains observer status in the African Commission on Human and Peoples' Rights of the African Union and is in special consultative status (Category II) with the UN Economic and Social Council.

In case of enquiries, please call Dorkas Phillemon or Phil ya Nangoloh at Tel: +264 61 253 447 or +264 61 236 183 (office hours) or Mobile: +264 811 2999 886 (Phil) or E-mail: [email protected] or [email protected] or visit www.nshr.org.na