…Blasts gvt for delaying salaries of appeal court judges
…Law Society leader Tuke gives govt ultimatum to resolve issue
Moorosi Tsiane
COURT of Appeal President, Justice Kananelo Mosito, has slammed the government for failing to pay Court of Appeal judges their salaries on time for the last session held in October 2024.
Justice Mosito made the remarks during the official opening of the apex court’s first session of 2025. He also raised concerns over the deteriorating state of the Appeal and High Court buildings in Lesotho.
The session, which began on Monday, will run until 22 April 2025, with 48 appeal cases expected to be heard.
Joining Justice Mosito on the bench are acting Justices Phillip Musonda (Zambia), Petrus Damaseb (Namibia), Moses Chinhengo (Zimbabwe), Johan Van Der Westhuizen (South Africa), and Justice Realeboha Mathaba from the High Court’s Commercial Division.
Justice Mosito lamented that the conditions judges were expected to work under did not match the magnitude of their responsibilities.
“It is a matter of public record—and one not easily reconciled with the principles of justice and a constitutional order—that following the last sitting of this court in October 2024, the justices were subjected to inexcusable delays in the payment of their remunerations. Judges, men and women entrusted with the solemn duty of declaring what the law is, were left without their rightful dues, and without the transparency and respect their offices demand,” said Justice Mosito.
“This is not merely an administrative lapse—it is a constitutional impropriety. It undermines the judicial office, offends the dignity of those who occupy it, and sends a troubling signal about the nation’s regard for its highest court. Judges do not bargain for salaries, they do not strike, nor do they criticise. They serve in silence—even when silence strains the soul. But let it be understood: to withhold or delay the remuneration of a judge is not only unjust, it is institutionally corrosive.”
Justice Mosito said this year’s theme was ‘A resurgent judiciary: restoring honour, capacity, and confidence in the Superior Courts’.
He described the theme as both “sober and aspirational”, acknowledging the judiciary’s constraints while daring to imagine its full flourishing specter.
Apex Court Judges
Justice Mosito expressed great concern about the compromised welfare of the judges who sit at the Court of Appeal.
“It is a theme both sober and aspirational—one that acknowledges the real constraints under which the judiciary labours, yet dares to imagine its full and proper flourishing. As we open this session, I must express a grave and growing concern for the deteriorating state of the judicial service, and more particularly, the compromised welfare of the judges who serve at the apex of our judicial system. The judges of the High Court who sit in the Court of Appeal, and the eminent President and Acting Justices of Appeal, are also affected.
“Let us first speak plainly and respectfully of the facts. The superior courts of Lesotho—by which we mean the High Court and this Court—are tasked with the greatest and gravest of constitutional and legal responsibilities. They interpret statutes, settle disputes of national significance, and guard the rule of law with an astonishing degree of integrity. And yet, the conditions under which those charged with this sacred task operate often fail to reflect the dignity of their office. The President of this Court and Justices of Appeal, some of whom travel from other jurisdictions to sit in our courts, frequently find themselves operating in circumstances unbecoming of their station: courtrooms in need of urgent repairs, limited clerical support, and insufficient technological assistance.”
He added: “The judicial chambers available are in an undesirable state, and judges must often share, where necessary, modest accommodation or perform judicial duties from facilities that do not allow for the silence and concentration needed. Likewise, the Justices of the High Court who sit in this Court as ex officio members carry the heavy burden of both trial and appellate work—without any corresponding enhancement in their resources or allowances.
“There is therefore a real and pressing need to revisit the statutory and institutional framework that governs judicial welfare, lest we continue to burden our judges with weighty responsibilities while denying them the means with which to bear them. It must be clearly understood—judicial welfare is not a matter of personal comfort, but of institutional functionality. When the welfare of judges is neglected, the very administration of justice is in peril. Fatigue, anxiety, and a sense of disregard take their toll not only on the individual but on the quality of judgement and the public perception of impartiality.”
He also said it was regrettable that, despite constitutional provisions safeguarding judicial independence, the mechanisms for upholding the financial and infrastructural welfare of judges in Lesotho remain fragmented and often ad hoc.
Security of Tenure
He said the government must support the judiciary in a manner that judges’ salaries and allowances reflect the high office they occupy.
“The judiciary must look to the other arms of government for support—support that is not always timely nor proportionate to need. A judiciary worthy of the nation, as one of our sub-themes reminds us, requires standards that meet international best practices. The Justices of Appeal of this Court and the High Court judges deserve a standard of service that is coherent, practicable, and fair.
“Their salaries and allowances must reflect the high office they occupy. Their security must be assured. Their retirement must be planned. Their mental well-being must be prioritised. Their working conditions must speak to the seriousness of their mission.
“Accordingly, I call respectfully upon the government and the legislature to consider with urgency and care a revised framework for judicial conditions of service. Such a framework must take into account appropriate remuneration for all judges of the Court of Appeal, including those who come ex officio from the High Court. It must ensure provision of well-equipped chambers and courtrooms, access to dedicated research staff and updated legal databases, full independence in budgetary allocation and execution for the judiciary, and—most importantly—a statutory guarantee that the remuneration and conditions of judicial officers shall not be altered to their disadvantage during their term.
“It is incumbent upon us, with the greatest sense of duty and decorum, to speak candidly on a matter of deep institutional concern: namely, the timely and honourable remuneration of judges of this Court.”
Retired Judges
Justice Mosito said another troubling factor was the state’s negligence towards retired judges, who are not provided with the support they used to enjoy while still on the bench.
“I must, with the utmost seriousness and an abiding sense of duty, bring to light yet another distressing facet of the state of judicial welfare in our Kingdom—namely, the neglect of those who have retired from the bench, particularly from the High Court, and by logical extension, this Court of Appeal. I’m referring to the likes of former Chief Justice (Mahapela) Lehohla, those of you who know him, who may have seen him, know that he doesn’t have a chauffeur, he doesn’t have a government vehicle, the man is left alone. I’m thinking of Justice (Semapo) Peete, those of you who may have seen him, I think you would not like to see him again.
“As I indicated, it is a cause for national disquiet that retired judges – men and women who have given decades of legal, principled, and sacrificial service to the Constitution and this country – are left to fade into obscurity, without the security, dignity, or support that their office once demanded, even in retirement. Among them, as I indicated, and most importantly, are the judges of the High Court.
“Judicial office is not like other forms of public service. It is not undertaken for applause, nor reward. It is undertaken with the quiet knowledge that the work may never be fully understood—much less celebrated. But that sacrifice—the sacrifice of private life, of personal wealth, of peace and anonymity—ought to be met, at the very least, with respect and material dignity in retirement. We are compelled, therefore, to ask: what arrangement is in place for justices of this country, who, upon reaching the end of their term, have served this nation and its Constitution faithfully for ten or more years? Regrettably, the answer is that there is none. No statutory scheme. No formal recognition. No retirement protocol worthy of the station they held.”
Law Society Ultimatum
On his part, Law Society of Lesotho (LSL) President, Advocate Lintle Tuke, echoed Justice Mosito’s sentiments and issued a stern ultimatum to the government.
“Lesotho, like many of our African counterparts, has a rich legacy of justice and resilience. Yet our judicial infrastructure is crumbling, and the welfare of our judges is in dire need of urgent repair. I am glad the Attorney General is here to convey our outcry. Tell the government this is our final diplomatic warning,” Adv Tuke said.
He said judicial excellence required investment in both human capital and institutional infrastructure.
“How can we expect the judiciary to function as the pillar of justice and fairness when the very vessels that carry that justice are damaged and leaking? We must ensure our courts are not only functional, but fit for purpose—for both judges and the people they serve.
“We have advocated for the proper funding of the judiciary before—and we do so again. But we cannot keep singing the same song forever. We are ready to pursue other avenues in the interest of the rule of law.
“To our esteemed judges: we owe you more than our respect. We owe you a commitment to improving your conditions because it is you who give life to the principles of fairness, equality, and justice. But how can we ask you to carry the weight of such responsibility when you lack the tools to do so?”
