…amid office standoff with government
…as registrar Sekoai, acting judges and magistrates feature on JSC list
EMBATLED Ombudsman, Advocate Tlotliso Polaki, is among the prominent legal figures shortlisted to join the High Court bench, even as she remains locked out of her office in a continuing legal battle with the government.
Adv Polaki is one of 17 people whose names appear on a Judicial Service Commission (JSC) list of nominees and applicants for eight vacant positions of High Court judges.
The JSC issued a circular this week listing five nominees and 12 applicants following the closure of the nomination and application process on 18 September.
The names include High Court and Court of Appeal Registrar Advocate Mathato Sekoai, five acting High Court judges and several other legal practitioners and magistrates.
The acting judges on the list are Justices Manapo Motebele, Sekake Malebanye, Tsebang Putsoane, Palesa Rantara and Tšooana Lesaoana.
The other applicants and nominees include Tšeliso Bale, Monyake Hlabanyane, Nthati Mokitimi, Ntai Mojaje, Ratsolo Thulo, Lerato Makholela, ‘Mapitso Leseeo-Rantja, Mponeng J. Ranthithi, Monyake Mahlehle and Senthebane Moerane.
The JSC’s circular makes clear that the names constitute nominees and applicants rather than a final interview shortlist. The Commission says it will first conduct eligibility screening and background verification before constituting a shortlist for the interview stage.
The screening process will include verification of academic and professional qualifications, admission to legal practice, professional standing with the Law Society, employment and judicial service history, references, integrity and ethical standing, criminal records and possible conflicts of interest.
“The JSC shall only consider information that is relevant, credible and capable of verification. Where adverse information is received, the candidate concerned shall be afforded a reasonable opportunity to respond before any determination affecting his or her candidature is made. The Commission may disregard comments that are anonymous, malicious, frivolous, vexatious or unsupported by credible evidence,” part of the circular states.
Polaki’s legal battle
Adv Polaki’s bid for the bench comes against the unusual backdrop of her continuing dispute with the government over her tenure as Ombudsman.
Her four-year term expired on 30 June 2026, but she went to court challenging the government’s position that her tenure had come to an end.
She argues that the transitional provisions contained in the Tenth Amendment to the Constitution Act of 2025 allow constitutional office bearers who were in office when the amendment came into force in August 2025 to remain in their positions during the transition until the necessary legislation is enacted.
Prime Minister Sam Matekane disagreed. Through his lawyer, Motiea Teele KC, he argued that Adv Polaki’s tenure came to a natural end under section 134 of the Constitution and that the transitional provisions were never intended to extend office bearers’ terms indefinitely.
On 29 June, a day before her term expired, the Constitutional Court granted Adv Polaki an interim order allowing her to remain in office pending the determination of her case. The order followed her urgent application to stop Mr Matekane from replacing her.
However, despite the interim order, Adv Polaki was locked out of her office at the Post Office Building in Maseru after the locks were changed. Her Special Operations Unit security detail was also withdrawn. The opposition has since cited her case as one of several in which the government has allegedly defied court orders.
The dispute subsequently escalated into a contempt-of-court issue after her lawyers argued that the interim order had not been implemented.
The contempt proceedings were postponed in August after an issue arose over whether the Prime Minister had personally been served with the court order. Adv Polaki’s lawyer, Adv Tekane Maqakachane, said the order had been delivered to the Prime Minister’s office and received by his secretary, while the respondents sought time to establish the circumstances surrounding service.
The court then heard the main case before a three-member panel comprising Chief Justice Sakoane Sakoane and Justices Mafelile Ralebese and Moroke Mokhesi, and reserved judgment. A date for the delivery of the judgment is yet to be announced.
New High Court judges
Her candidacy for the High Court comes as the JSC seeks to add eight judges to a judiciary struggling with a growing backlog of cases. Five of the new judges are earmarked for Maseru, two for Leribe and one for the newly established Southern Division in Mohale’s Hoek.
The JSC says the appointments are intended to strengthen judicial capacity and improve the disposal of cases, with the additional judges joining a Bench already under pressure from an accumulation of matters.
The Commission has also announced that the names of all applicants and nominees received will be published, while the eventual successful candidates will be expected to meet the standards of independence, integrity and quality required of High Court judges.
