…as gaps in justice system affect persons with disabilities
By Ithabeleng Qhasho
GAPS in Lesotho’s justice system continue to impede access to justice for persons with disabilities, with challenges ranging from inaccessible court facilities and information to communication and procedural barriers.
In response, the Persons with Disability Advisory Council (PWDAC) and the Law Society of Lesotho have entered into a five-year Memorandum of Understanding (MoU) to strengthen cooperation and improve access to justice for persons with disabilities.
The two institutions signed the agreement in Maseru on Monday, committing to work together to promote and protect the rights of persons with disabilities.
PWDAC Director General, Advocate Nkhasi Sefuthi, said the agreement was more than an administrative arrangement, describing it as “a practical expression of our shared commitment” to ensuring that persons with disabilities enjoy their rights on an equal basis with others.
He said access to justice was central to the protection of human rights.
“Rights have little meaning if individuals are unable to enforce them, seek remedies when they are violated, or participate effectively in processes through which justice is administered,” Adv Sefuthi said.
He said persons with disabilities had historically faced various barriers within the justice system, including physical and communication barriers, inaccessible information, procedural obstacles, negative attitudes and a lack of appropriate accommodation.
Adv Sefuthi also welcomed the Disability Equity Court Rules, saying they were intended to facilitate the equal and effective participation of persons with disabilities in court proceedings.
“Sometimes, achieving substantive equality requires the provision of reasonable accommodations and the removal of barriers that prevent persons with disabilities from participating effectively,” he said.
PWDAC Human Rights Manager, Adv Lerato Ramoholi, said the agreement would enable the Law Society to work with PWDAC on cases involving persons with disabilities who had previously faced challenges in accessing legal assistance.
Adv Ramoholi said the partnership would also promote awareness of disability rights among legal practitioners and help ensure that rights provided by law were effectively enforced.
Law Society of Lesotho Vice-Chairperson, Adv Mokhoro Makara, said the Society was mandated to represent clients before the courts, regulate the legal profession and assist people whose rights had been violated.
He said the partnership would allow the Society to extend its support to persons with disabilities, particularly where legal processes or activities might be difficult for them to undertake independently.
Adv Makara said PWDAC could refer matters requiring legal representation or court proceedings to the Law Society where such intervention was appropriate.
“Our objective is not to duplicate the role of the legal profession. Rather, it is to establish a complementary relationship,” he said.
He said the partnership should translate the commitments contained in the MoU into practical programmes, including raising awareness among persons with disabilities about their rights and available remedies, sensitising legal practitioners on disability rights and identifying systemic barriers to justice.
