THE contrasting approaches to murder sentencing between the High Court in Maseru and its Northern Division sitting in Leribe are raising troubling questions about consistency, deterrence and the very meaning of justice in Lesotho.
For several years, the High Court in Maseru appeared to be sending a clear and firm message: those who take a life will face severe consequences. Judges regularly imposed long custodial sentences — including life imprisonment and terms of 40 years or more — to underline the gravity of murder and deter violent crime.
But a series of recent rulings now risks undermining that progress and sending mixed signals to the nation.
The High Court in Maseru has in recent years demonstrated a firm commitment to dealing decisively with brutal killings.
In September last year, Justice Mafelile Ralebese delivered one of the harshest sentences seen in recent memory when he condemned Mathato Mafeisi, 56, of Baking Ha Lebentlele in Berea, to life imprisonment without parole for the brutal murder of members of the Makhetha family.
The facts of the case were horrifying. Mafeisi set Tumane and ’Malethole Makhetha alight on 29 October 2016 before smashing their heads with a stone, accusing them of practising witchcraft. Petrol was poured over the victims in a gruesome attack that shocked the entire community.
Justice Ralebese did not mince his words in demonstrating the seriousness of the crime. He ensured that Mafeisi would spend the rest of his natural life behind bars.
The remaining accused — Nthabiseng Moeti, Tumelo Mafeisi, Ramakula Fusi, Mpho Thamae, Thapelo Moeti, Seema Mafeisi and Jeremia Fusi — each received 45-year prison sentences after being convicted of multiple counts including murder, arson and attempted murder.
The message was clear: those who engage in brutal violence will face the full might of the law.
Similarly, even where courts have recognised extenuating circumstances, judges in Maseru have still imposed heavy sentences to underline the seriousness of taking a life.
In March 2024, Justice Mabatšoeneng Hlaele sentenced the Principal Chief of Tšakholo, Tebang and Ha-Seleso, Khoabane Mojela, to 27 years in prison for fatally shooting his cousin, Tšenolo Letsie.
Chief Mojela believed that his cousin was bewitching him — an argument his lawyer successfully persuaded the court to consider as an extenuating circumstance.
Justice Hlaele acknowledged that belief in witchcraft remains a powerful social factor in rural communities and may influence behaviour. But crucially, the court did not allow that belief to excuse murder. The judge still imposed a lengthy custodial sentence of 27 years.
That approach strikes a balance between recognising social realities and protecting the sanctity of human life.
But this careful sentencing philosophy now appears to be weakening.
In Maseru itself this week, Justice Tšeliso Mokoko handed down a ruling that risks erasing much of the progress the court had been making in sending a strong deterrent message.
Justice Mokoko sentenced Lintle Letima, who fatally stabbed her boyfriend Motseki Kholotsa in Mashoeshoe II in November 2024, to seven years imprisonment. However, the entire sentence was suspended for three years on condition that she pays M50 000 compensation to the deceased’s family.
The practical outcome is that a life has been lost, yet the offender will not spend a single day behind bars.
At a time when judges in Maseru had been building a reputation for imposing life sentences and prison terms of 40 years or more for serious killings, such a ruling risks undermining that hard-won progress.
But perhaps even more troubling are recent decisions from the Northern Division of the High Court sitting at Tšifa-li-mali in Leribe.
Two sentences delivered within the same week have shocked many Basotho.
In the first case, a Ha Seetsa man, Tšepo Mokete, was effectively sentenced to just one month in prison for causing the death of his wife’s alleged lover, Tšepo Serabele.
Justice Tšooana Lesaoana imposed a 10-year sentence but suspended nine years and 11 months for three years, leaving Mokete to serve only one month behind bars.
In addition, the court ordered him to compensate the deceased’s family with M50 000, payable in instalments of M5000 per month.
In another case decided the same week, Justice ’Manapo Motebele sentenced a Botha-Bothe man, Thabo Ramashamole, to 15 years imprisonment for killing Lehlohonolo Makepe in a dispute in 2019.
However, that entire sentence was wholly suspended for three years on condition that Ramashamole pays M80 000 to the victim’s family. The compensation is to be paid in instalments over 18 months.
The court heard that the two families had reached an agreement through mediation, with Ramashamole admitting responsibility and offering compensation.
While restorative justice can play a valuable role in reconciliation, its application in cases involving the loss of life must be approached with extreme caution.
The danger of these decisions is obvious.
They risk creating the perception that justice in Lesotho is negotiable — that a life can be reduced to a financial transaction.
This is not merely a legal concern; it is a moral one.
The Constitution guarantees the right to life. That right cannot be balanced on a payment schedule.
When a murderer can walk free after agreeing to pay M50 000 or M80 000, what message does that send to society?
What message does it send to victims’ families who may feel pressured to accept compensation simply because the criminal justice process is long and uncertain?
And what message does it send to potential offenders?
At a time when courts in Maseru have been working to deter violent crime by imposing sentences ranging from 20 years to life imprisonment, such decisions risk undermining those efforts.
Justice must not only be done — it must also be seen to be done.
Consistency in sentencing is essential for maintaining public confidence in the judiciary. If similar crimes attract dramatically different punishments depending on which judge presides over the matter, that confidence inevitably begins to erode.
The perception that justice is unevenly applied is almost as damaging as injustice itself.
It is therefore imperative for the head of the judiciary, Chief Justice Sakoane Sakoane, to take a closer look at this growing disparity.
The Chief Justice may wish to consider issuing clear sentencing guidelines for homicide cases to ensure greater consistency across all divisions of the High Court.
Such guidelines would not remove judicial discretion, but they would establish minimum standards reflecting the gravity of taking a human life.
Secondly, the judiciary should carefully define the circumstances under which restorative justice may be applied in cases involving death.
Restorative justice can be an important tool in certain situations, particularly in cases of negligence or accidental death. But when applied too broadly, it risks trivialising the most serious crime known to law.
Lesotho cannot afford a justice system where the price of a life varies from courtroom to courtroom.
The courts in Maseru have demonstrated the seriousness with which the law must treat murder.
But recent rulings — both in Maseru and in the Northern Division in Leribe — risk weakening that resolve.
The life of every Mosotho has equal value under the law.
And justice, above all else, must never appear to be for sale.
