… Berea Magistrate Bale, who is vying to be a judge, singled out as the main culprit
Mohalenyane Phakela
MAGISTRATES have come under fire for drunkenness, insubordination and absenteeism among the other vices.
Among those accused of such unbecoming and unprofessional conduct is aspiring judge, Tšeliso Bale, who is currently the Berea Resident Magistrate.
The accusations against Magistrate Bale and his colleagues were made this week by Northern Region Chief Magistrate ‘Makampong Mokgoro while she was being interviewed by the Judicial Service Commission (JSC) for the post of a judge.
Magistrates Mokgoro and Bale are among 18 hopefuls who are currently being interviewed by the JSC to fill eight vacant posts of judges.
The JSC panel comprises of Chief Justice Sakoane Sakoane (chairperson), High Court Judge Polo Banyane, Public Service Commission chairperson Moshoeshoe Sehloho and Attorney General Rapelang Motsieloa.
Chief Magistrate Mokgoro was the first to be interviewed on Monday at AVANI Lesotho Hotel.
During her interview, Mr Sehloho asked Chief Magistrate Mokgoro whether she was effectively supervising magistrates under her watch in the Berea, Leribe, Butha-Buthe and Mokhotlong districts.
Justice Sakoane followed up on the question by asking the chief magistrate what she had to say in response to complaints by the Law Society of Lesotho that magistrates were in the habit of coming late to court.
In reply, Chief Magistrate Mokgoro accused the magistrates of insubordination. She said she had tried several measures to get them to do their work timeously but she had hit a brick wall as they would tell her that she had no authority over them.
She said at one point she had even sought then Acting Chief Justice ‘Maseforo Mahase’s help but this too, was fruitless.
“They are uncontrollable and not answerable to anyone but themselves,” Chief Magistrate Mokgoro charged.
“They refuse to take instructions from me as they say I do not have the capacity to give orders. We have a serious challenge of magistrates and other subordinate courts officials who come late to court or do not show up at all.
“At one point I introduced the clocking system in order to compel them to do their work but the exercise was short-lived because they hated it. They don’t want to write reports about their work. At one time I approached then Acting Chief Justice Mahase to issue a directive which would force them to work because they disregard instructions from me but I was not successful in securing such a directive,” Chief Magistrate Mokgoro told the JSC.
Chief Magistrate Mokgoro did not mention any names of the culprits.
However, Magistrate Bale, who was interviewed on Tuesday morning, came in for a tongue-lashing from Justice Sakoane.
Justice Sakoane went on the offensive shortly after Magistrate Bale had introduced himself. The chief justice said Chief Magistrate Mokgoro and the office of the Director of Public Prosecutions had both raised complaints about his “unruly” conduct.
“There is a letter dated 16 May 2018 which complains about your (Bale’s) absence from work,” Justice Sakoane charged.
“The chief magistrate (Mokgoro) says on Mondays you do not report to work. In the letter, she says that you had failed to attend a meeting in Leribe on the excuse that you were attending a court session in Berea but you never showed up in Berea. You only communicated to her later on a Sunday via WhatsApp saying on the following day you were going to fix your car. When she demanded proof you never furnished her with such.
“You are hearing of the contents of the said letter for the first time today because you refused to accept it. Instead, you threw it at her feet when she was serving you in your chambers. On 16 May 2018, you wrote an apology to her. The chief magistrate also says you rejected the log book.
“There is another letter of 15 December 2020 which also complains about your behaviour. The prosecutors have also raised an objection against you in that you have a drinking problem and you are a regular at a spot called Ha ‘Mamosali. A judicial officer should not be seen drinking in public,” Justice Sakoane said.
Attorney General Motsieloa weighed in, saying, “the prosecution says you (Bale) are always late, unreliable and you do not deliver judgements on time. They say you have serious mood swings. Do you have any particular reason why they would say such about you?”
Magistrate Bale then attempted to defend himself.
“The 16 May 2018 letter (from Mokgoro) was served in my chambers while I was conducting a court session hence I threw it back at her,” Magistrate Bale said.
“I verbally apologised before formally apologising through a letter. I also stopped drinking about a year ago.
“There is also a log book which can prove my work attendance. I write down my judgements and at the moment I do not have any pending one. I do not know what the prosecution is complaining about,” Magistrate Bale added.
Magistrate Mokgoro is being interviewed alongside fellow chief magistrates ‘Matankiso Nthunya and Manyathela Kolobe.
They were shortlisted alongside current ombudsman, Tšeliso Mokoko, as well as magistrates, Itumeleng Letsika, Teboho Thoso, Monyake Hlabanyane, Peter Murenzi and Thamae Thame.
Other shortlisted candidates are prominent lawyers, Kuili Ndebele, ‘Mabatšoeneng Hlaele, Molemo Monethi, Hopolang Nathane, ‘Mafelile Ralebese, ‘Maliepollo Makhetha, Moneuoa Kopo and ‘Mamotšelisi Khiba.
Advocates Kopo and Khiba are having a second bite of the cherry and will be hoping for a change of fortunes this time around. The duo had initially been shortlisted for interviews when the JSC called for applications to fill two vacant posts last year. However, they lost out when the JSC hired Realeboha Mathaba and Fumane Khabo as judges in October 2021.
Senior Resident Magistrate Murenzi and Magistrate Monethi were interviewed on Monday. Their interviews were brief and straightforward as they were only asked about their work experience.
Adv Hlaele (nee Nkoya Thabane) is daughter to former Prime Minister Thomas Thabane and wife to All Basotho Convention (ABC) secretary general, Lebohang Hlaele.
During her Tuesday interview, the JSC asked her about her relationship with the ABC which was founded by his father in 2006. She said she had resigned from the party in February 2021. She was then asked to bring proof that she had indeed resigned from active politics.
The interviews are expected to be completed tomorrow.
Justice Sakoane said they would select the “best eight” from the 18 hopefuls.
Currently, the High Court has nine judges, namely, Justices Sakoane, Banyane, Mathaba, Khabo, Tšeliso Monapathi, ‘Maseforo Mahase, Molefi Makara, Moroke Mokhesi and Keketso Moahloli.
From the eight who will be recruited as new judges, two will be posted to the Tšifa-li-mali Court Complex in Leribe which has been non-functional since its refurbishment last year due to the shortage of judges.
The other six will be posted to Maseru.
