…demands payment of legal fees
Hopolang Mokhopi
EMBATTLED High Court judge, ’Maseforo Mahase, has formally demanded the payment of her legal fees amounting to over M270,000 from the Registrar of the High Court and Court of Appeal, Advocate ’Mathato Sekoai.
Justice Mahase’s lawyer, Advocate Katiso Nhlapo, argues that because she is litigating in her official capacity as a judicial officer, the government is obliged to cover her legal costs. He says this is consistent with how the state is funding the legal expenses of Chief Justice Sakoane Sakoane in the same matter.
Justice Mahase is currently challenging her suspension of 4 November 2025 by Chief Justice Sakoane. Shortly after the suspension, she approached the Constitutional Court seeking a review of the decision, a move opposed by the Chief Justice. The case remains pending before that court.
This week, Adv Nhlapo wrote to Adv Sekoai demanding immediate settlement of the outstanding fees.
“It is a well-established principle under Lesotho law that when a public official, including a judicial officer, is sued or initiates proceedings in his or her official capacity, the state bears the legal costs incurred,” reads part of the letter.
He added that the same principle is already being applied in respect of the Chief Justice, whose legal costs are being fully covered by the government.
“Our client has repeatedly made this position clear in prior correspondence. She reiterates that, as she is litigating in her official judicial capacity, the government is obliged to bear her legal costs in the same manner,” Adv Nhlapo states.
According to the letter, an itemised bill dated 4 February 2026—previously submitted to the Registrar—amounted to M258,271. However, an additional M12,000 has since been added for the perusal and consideration of the opposing affidavit and related documents, bringing the total to M270,271.
Adv Nhlapo further accuses the Registrar’s office of failing to act despite receiving the necessary documentation, including what was described as the required “protocol” to enable state coverage of the legal fees.
“The denial or failure to pay our client’s legal fees is not only unfair and discriminatory, but amounts to a premeditated attempt to deny her effective legal representation and the ability to adequately protect her constitutional rights,” he wrote.
He warned that failure to settle the amount within 14 days would result in legal action to recover the funds, a move he said would expose the government to additional, avoidable costs.
Justice Mahase was suspended following the establishment of a three-member tribunal appointed on 13 October 2025 to assess her fitness to remain in office. The tribunal is chaired by Malawian judge Justice Mankhambira Charles Ching’anyi Mkandawire, with Justice Sylvester Salufi Mainga of Namibia and Justice David Mangota of Zimbabwe serving as members.
In addition to challenging her suspension, Justice Mahase is also seeking reinstatement to the High Court judges’ WhatsApp group from which she was allegedly removed on 10 March 2026. Adv Nhlapo argues that the exclusion is unfair, discriminatory, and suggests prejudgment of her case, despite her still holding judicial status. They maintain that the group is an official communication platform, and her removal lacked due process.
