IN an unprecedented development that has left scores of litigants grappling with a profound sense of betrayal, Lesotho’s judiciary has announced a sweeping directive ordering a restart of numerous cases previously heard by retired Justice Tšeliso Monapathi and former Justice Keketso Moahloli.
This decision, coming after agonizing years of waiting for justice for many, has ignited outrage among those affected, many of whom cannot help but recall years of emotional and financial strain they have already endured.
On June 18, 2025, Adv ‘Mathato Sekoai, the High Court and Court of Appeal Registrar, issued a circular indicating that cases unresolved before the aforementioned justices would now be heard afresh under different judges.
The directive not only ignores the significant investment of time and resources made by litigants over the years but also poses severe logistical and financial challenges for both lawyers and their clients.
The emotional toll of such a directive is equally staggering.
“Justice delayed is justice denied,” said one litigant who has been waiting since 2014 for a resolution to his case against his former employer. According to this litigant, to even imagine a restart to his case after 11 years of waiting “feels like a crushing blow.”
Another litigant, ‘M’e Nthabeleng*, has been embroiled in a civil matter since 2015. Her journey, fraught with hope and despair, has only deepened with this new requirement to restart her case.
She says it feels like a betrayal by the very system that is supposed to protect litigants. For a long time, she believed that eventually justice would be served but now feels paralysed the weight of wasted years and resources.
She aptly summarises her experience, “Now, I feel numb!”.
It is not just about the money, but about the time lost and the opportunities that have slipped away over time, she adds in a recent interview with our sister publication, Sunday Express.
Yet another litigant lamented: “I lost my job in 2008 and have been pursuing this case for so long. The costs have risen so much that I’m concerned about how I will fund this fresh process.”
The ramifications of this announcement extend far beyond mere inconveniences. For many like these litigants, the revival of their cases means scrambling for fresh legal representation as their original lawyers may no longer be available. To aggravate their crisis, legal fees have since skyrocketed, adding to the already heavy burden in their quest for justice.
Restarting court cases can be particularly unfair, especially for litigants facing criminal charges, for several reasons.
First, the process often subjects individuals — especially those representing themselves — to heightened stress and anxiety, as they must repeatedly face the uncertainty and emotional toll of ongoing proceedings.
Second, restarting cases inevitably leads to additional legal fees, court costs, and related expenses, increasing the financial burden on those involved.
Third, such delays also increase the risk of losing crucial evidence: witnesses may become unavailable, some due to death, memories can fade, and physical evidence might be lost or deteriorate, all of which jeopardize the fairness of the trial.
Moreover, when cases are delayed or restarted, public trust in the justice system suffers as these interruptions may create the impression that the courts are inefficient or unreliable.
Mind you, in recent years Lesotho courts have been notorious for sitting on a huge backlog of cases which has already frustrated public confidence in this key pillar of governance.
Delays and restarts may also be exploited by parties seeking to gain an unfair advantage, further undermining the integrity of the process. Finally, excessive delays can infringe upon the constitutional right to a speedy trial, particularly in criminal matters, thereby compromising the right to a fair and timely resolution.
The backdrop of this turmoil was Justice Monapathi’s retirement in August 2024, which left over 30 incomplete cases pending. Justice Moahloli’s subsequent resignation amid allegations of significant delays reveals a judiciary struggling under the weight of its own inefficiencies.
Allegations that he failed to deliver judgments in over 100 cases suggest a systemic issue that many legal watchers are now saying calls for urgent reform.
One cannot simply reset people’s lives like you are pressing a button. Some clients are elderly or ailing, and many have already passed away. Restarting these cases could break their spirits, not just their pockets.
As litigants and their legal counsel face this daunting new reality, the Law Society of Lesotho (LSL) finds itself under pressure to respond.
LSL Secretary General, Adv Ithabeleng Phamotse’s response said since the matter is still new, they are yet to deliberate on its implications and how they can assist those affected.
While the LSL’s acknowledgment of the issue is a step in the right direction, the ultimate outcome remains uncertain.
As frustration mounts, the demand for a more humane approach to handling these cases has never been more urgent. Many in Lesotho are asking: how can a justice system, designed to uphold the law and protect its citizens, allow such a miscarriage of fairness?
When the very act of seeking justice becomes a prolonged and costly endeavour, it is not just the individuals affected who suffer but also the integrity of the judicial system as a whole comes into question.
The message is loud and clear: Lesotho’s judiciary stands at a crossroads.
The decision to restart these cases is symptomatic of a broader dysfunction that needs addressing. Lesotho’s citizens deserve a system that delivers justice efficiently and compassionately.
Without significant reform, the phrase “justice delayed is justice denied” may ring more poignantly than ever, echoing in the hearts of those left waiting.
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