… demands increase of judiciary budget or it will sue gvt.
’Marafaele Mohloboli
THE Law Society of Lesotho (LSL) has demanded an increase of the judiciary’s funding from the government, saying the courts deserved at least six-percent of the national budget to operate effectively.
The judiciary has been perennially underfunded by the government and has on occasions suffered the indignity of having power supplies to the courts discontinued. This has partly imperilled efforts to run a viable criminal justice system, leading to a spiralling crime rate.
For instance, the judiciary was allocated a measly 124.4 million in the current 2023/24 fiscal budget.
The LSL now wants all that to change. It demands that at least six percent of the budget goes to the judiciary, meaning an allocation of at least M1,5 billion, the most for any government department. The LSL has hence issued an ultimatum to have the crisis of funding of the judiciary addressed failing which it will consider court action. The LSL bizarrely demands that its operations be funded by the government as well.
The lawyers’ body made the demands in a letter delivered to Prime Minister Sam Matekane’s office yesterday. It threatens to take the premier to court should he fail to respond within a two-week deadline.
The Prime Minister’s press attaché, Thapelo Mabote, confirmed receipt of the letter and said the premier would respond accordingly.
The letter, seen by this publication, bears the title, Urgent Demand for Adequate Funding for the Judiciary and the Law Society of Lesotho and is signed by the society’s president, Advocate Lintle Tuke.
In addition to calling the matter “pressing”, Adv Tuke also said the society was simply fulfilling its role as a constitutional watchdog and regulator of the country’s legal profession.
“I am writing on behalf of the Law Society of Lesotho to bring to your attention a matter of utmost importance concerning the preservation of the rule of law and the integrity of the judiciary in our country,” Adv Tuke wrote.
“As you (Matekane) are well aware, the current government was elected by the Basotho nation with high hopes and expectations that their mandate would be fulfilled, including the solemn undertaking to protect and uphold the interests of our nation.
“Over the recent years, we observed a concerning trend of declining funding for the judiciary, which has significantly compromised its ability to administer justice effectively. The judiciary’s independence and effectiveness are essential for upholding the rule of law and ensuring the proper administration of justice.”
Adv Tuke further noted Mr Matekane had said during campaigns before the October 2022 elections which put him in power, that his government would fully capacitate the judiciary to ensure it administered justice effectively, thereby safeguarding the rights and liberties of the nation.
“The Law Society of Lesotho, as a statutory creature with a vast mandate, holds a considered view that its role is critical to act as a constitutional watchdog and gatekeeper of the rule of law.
“Additionally, we are entrusted with regulating the legal profession in Lesotho, ensuring ethical and professional conduct within the legal community. It is in light of this mandate and the promises made by the government that we address the pressing issue of inadequate funding for the judiciary.
“The Law Society of Lesotho, on behalf of the legal profession and the Basotho nation, demands that the judiciary be allocated a minimum of six-percent of the national budget as a manifestation of the government’s commitment to the well-being of the Basotho nation.
“This allocation should be disbursed directly from the parliament to the judiciary, without delay or diversion, to ensure that the judiciary is adequately resourced to carry out its duties impartially and efficiently.
“Furthermore, we emphasise that it is the responsibility of the government to provide the necessary tools of trade for the Law Society itself. This includes the provision of a permanent office and a subvention funding for the activities and secretariat of the Law Society. Such support is crucial to enable the Law Society to fulfil its mandate as a constitutional watchdog and regulator of the legal profession in our country effectively.
“We earnestly remind the government of its pledge to protect the nation and its commitment to the welfare of the Basotho people. A well-funded judiciary and a robust Law Society are essential pillars of a thriving democracy, and their roles should never be compromised due to financial constraints,” Adv Tuke’s letter further reads.
In a bid to have this matter addressed fully, the Law Society has also asked for a meeting with the premier to explore practical solutions to their concerns.
“We are eager to work collaboratively with the government to find a mutually beneficial resolution to this pressing concern. We look forward to your positive response and a productive dialogue that will benefit the entire legal system and our nation.
“Should we not hear from you within 14 days of receipt of this communiqué, we shall resort to the courts of law for recourse,” concludes the letter.
