…defends judges, magistrates against corruption claims
Moorosi Tsiane
THE Judicial Officers Association of Lesotho (JOALE) has come out strongly in defence of judges and magistrates, dismissing allegations of widespread corruption in the judiciary as unfair and misplaced.
This follows the Directorate on Corruption and Economic Offences (DCEO)’s 2024/25 annual report, tabled before parliament last month, which accused the courts of being highly vulnerable to corruption, citing vanishing dockets, bribery, and misdirected judgments.
But JOALE President, Resident Magistrate Peete Molapo, hit back, saying the accusations unfairly malign the judiciary when the real problem lies with the government’s dysfunctional filing system.
“The problem is that everyone has access to those files and it becomes very difficult to follow each file. When I started working at the courts, there was an effective filing system. Each court had a court manager, and it was easy to trace files. But the government disbanded it, claiming there was no money to hire more people,” Magistrate Molapo said.
While admitting that foul play cannot be completely ruled out, Magistrate Molapo insisted that systemic failures, not corruption among judicial officers, are largely to blame.
“I cannot say there is no foul play in some cases. However, in criminal proceedings, if a docket goes missing after pleadings, it is a serious problem because it contains witness statements and other important material to be used in a case.”
Magistrate Molapo further emphasised that litigants are not without recourse when judgments appear questionable.
“Where judgments are misdirected, there are alternatives. One can apply for a review or file an appeal. These are remedies available if a party is not satisfied,” he explained.
He also revealed that judicial officers have repeatedly raised concerns over the filing chaos with management, but nothing has been done.
“These challenges have been raised numerous times with management, but without success. Public Service removed the court managers, saying there was no money to hire so many people, and transferred the files back into the registry where everyone now has access. That is where the problem lies,” he said.
In March 2022, the Judicial Officers Association of Lesotho (JOALE) announced that it was investigating corruption within the magistracy. This followed allegations that one magistrate had “fraudulently” released a murder and robbery suspect who had been remanded in custody by another magistrate.
JOALE further revealed it was also probing death threats issued against Magistrate Itumeleng Letsika, who had openly raised concerns about corruption in the judiciary. Magistrate Letsika allegedly received the threats shortly after informing the Judicial Service Commission (JSC) that murder and armed robbery suspect, Ntsane Motumi—whom she had remanded in custody—had been released without her knowledge.
Appearing before the JSC on 16 February 2022 for an interview to become a High Court judge, Magistrate Letsika disclosed that another unnamed magistrate had released Mr Motumi behind her back. She further told the commission that Mr Motumi’s case file had mysteriously disappeared, forcing her to work with a dummy file which contained only one charge instead of the multiple charges she knew the suspect was facing.
Magistrate Molapo had at that time confirmed at a press briefing that the association had formally launched investigations into the matter. The inquiry is not only focusing on the irregular release of Mr Motumi but also on identifying those responsible for the death threats against Magistrate Letsika and their possible motives.
Magistrate Molapo said he had not received any report on the investigation.
“I do not recall the specific incident involving the accused, Motumi, that you are referring to. I only remember that Magistrate Letsika raised the issue of threats. Furthermore, I have never seen any report on investigations conducted regarding this matter, and I do not have such a report on my table.”
Meanwhile, in a separate case, the disciplinary hearing of suspended Senior Resident Magistrate Peter Murenzi has been concluded, with a ruling now awaited from the presiding officer, Justice Realeboha Mathaba.
Magistrate Murenzi was suspended in February after being implicated in an unlawful scheme to release inmates awaiting trial from Lesotho Correctional Service (LCS) facilities. His suspension followed the arrest and suspension of LCS officer, Ralekoti Mokhahlane. The two are accused of conspiring to facilitate the release of five inmates—Hei “Lekaota” Nketsi, Moeketsi Rantheba, Lebajoa Mpeke, Molahlei Mpeke, and Retšelisitsoe Mpeke—who were detained at Maseru Central Correctional Institution.
It is alleged that Magistrate Murenzi granted questionable bail to the group, paving the way for their release despite the fact that they were still on remand. While he was initially charged with three counts, only one charge now remains, the details of which have not been disclosed.
