Moorosi Tsiane
CHIEF Justice Sakoane Sakoane has urged Magistrates to impose harsh punishments on perpetrators of sexual offenses against children.
Justice Sakoane made these remarks on Tuesday during the handover of five refurbished child-friendly courts under the Citizen Voices Addressing Violence Against Children (CVAVAC) project.
The project is funded by the European Union in Lesotho and managed by World Vision Ireland in partnership with World Vision Lesotho.
The three-year initiative, launched in February 2022, has been instrumental in empowering communities, advocating for systemic improvements in the justice sector, and addressing violence against children.
It was also announced that the five refurbished courts are located in Maseru, Leribe, Berea, Thaba-Tseka, and Mohale’s Hoek. These courts have been equipped with video conferencing systems to ensure privacy and accessibility, dedicated waiting areas for children and their families, play therapy tools including anatomic toys to help children share their experiences, and comfortable child-appropriate furniture for both justice sector staff and children.
In his remarks, Justice Sakoane expressed grave concern about the rising statistics of children who have been sexually assaulted, emphasising that these facilities will help in the administration of justice. He urged magistrates to impose severe penalties on those found guilty of such crimes.
“Sexual offenses are very rampant in this country. I always get shocked when we review cases to find that some of the victims are six-month-old children,” Justice Sakoane said.
“I don’t see any room for even entertaining an argument that the perpetrator should be fined. I don’t even appreciate how that can be done.
“Just imagine if it is your child, how would you feel if the perpetrator is given a paltry sentence for committing a heinous crime like that? Even for adult females, it’s still a very, very serious offense.
“Please remember, colleagues from subordinate courts, rape is a capital offense. It is only that we have never sentenced any person to death for raping. But because it is a capital offense, it is, in my humble view, your duty as judicial officers to impose maximum penalties on these perpetrators.
“As one judge said in Namibia, there’s no mercy for a person who has committed rape. How can you be merciful? On what grounds can you say, I am being merciful? There is no room for mercy when it comes to sexual offenses. You have to actually be very hard on them.”
The Chief Justice applauded the refurbishment, stating that the upgraded facilities would make it easier to obtain evidence from victims. He noted that justice often failed because witnesses do not come to court, a challenge these new facilities aim to address by allowing witnesses to testify remotely when necessary.
“This infrastructure is amazing. In a sense, I am jealous because I sit in a court (High Court) which doesn’t have such facilities, whereas we have people who are vulnerable to illnesses in our court—the elderly, some with disabilities—but we don’t have facilities of this nature when we conduct our procedures.
“We are going to replicate them throughout the entire criminal justice system so that witnesses, for example, don’t have to come to court if they are vulnerable or far away. You can testify from wherever you are, provided you can link to the court.
“That is actually going to reduce the burden on the Crown of feeding witnesses and accommodating them. The justice system collapses mainly because witnesses don’t come to court….”
Justice Sakoane also cautioned prosecutors that not every case involving children should be prosecuted in the children’s courts. He referred to the 2022 case of the former Director of Disability in the Ministry of Social Development, Retšelisitsoe Thoahlane, who was sentenced to 15 years by a children’s court for raping a minor. The Court of Appeal later overturned the verdict, ruling that children’s courts lack jurisdiction to try adults.
“There is something which I want to mention when it comes to children in conflict with the law. I realised last year, when I was sitting in the Court of Appeal, that certain things have been happening in these courts for a long time.
“There seems to be an understanding among prosecutors, judicial officers, and lawyers that adults in conflict with the law against children have to be tried in a children’s court.
“That is not how the law was constructed. This court is only there to service children and protect them. You cannot take an adult to a children’s court to try that adult. It doesn’t make sense. That’s not a court for adults. Even if they (adults) are charged together with the child, there should be a separation of trials.
“Madam DPP (Director of Public Prosecution), I hope that the prosecutors and Crown counsel will begin to appreciate this when they draft charges.”
Justice Sakoane urged the stakeholders managing the new facilities to take good care of them to demonstrate their commitment to strengthening Lesotho’s criminal justice system.
“So I think let’s do our part. Let’s use these facilities properly so that whoever assists us will see that we are serious about strengthening the criminal justice system in this country. The prosecutors should be sensitized about handling children, witnesses, and perpetrators.
“We should have police officers who are dedicated or trained in investigating offenses in which children are involved. Because it’s through proper investigations that you’ll be able to secure convictions. But if the investigations are bungled, we have clever lawyers here, and it is their duty to be clever and do their job.”
UNICEF Social Policy Specialist (Public Finance), Bob Muchabaiwa, praised the project as a testament to Lesotho’s commitment to safeguarding children’s rights.
“As UNICEF, we are here to serve every child. We are honoured and grateful for this opportunity, which signifies a remarkable step forward in our shared commitment to safeguarding the rights and well-being of every child in Lesotho as entrenched in the United Nations Convention on the Rights of the Child.
“The establishment demonstrates Lesotho’s dedication to ensuring children’s rights are protected. Children deserve a justice system that reflects a developmental means. This is why even the outlook of these courts is different from other courts.
“While traditional courts play a pivotal role, they are not specifically designed to provide a child-sensitive approach. This court is not just a physical space but a symbol of hope, fairness, and a commitment to ensuring justice for all, regardless of age,” said Dr Muchabaiwa.
World Vision National Director, James Chifwelu, expressed gratitude to the European Union for funding the project and to UNICEF for their collaboration.
“For us, this moment signifies a great achievement for the children of Lesotho. It is a milestone in the efforts to uphold the rights of every child.
“Through these child-friendly courts, we want to afford an opportunity for children to have their rights upheld without them being further traumatised. This brings to the fore the importance of this project.
“We know there are many needs across the country. This is just one effort that has been made, and it means more can and should be done in other locations where it is needed.”
EU Ambassador to Lesotho, Paola Amadei, said the importance of children’s courts lay in their ability to provide a specialised legal framework focused on the protection, welfare, and rights of children.
“Today’s event and the renovation of these courts stand as a model of collaboration among stakeholders—an example we should replicate across other areas of governance and justice.
“The goal of this program is to empower communities to advocate meaningful improvements in the justice sector, with a particular focus on child rights protection and the prevention of violence against children.
“These courts are now designed to handle cases involving minors in a manner that is sensitive to their unique needs, ensuring that their best interests are prioritized. Thanks to today’s renovation, they offer a more child-friendly environment, helping to mitigate trauma for young victims.
“Our support to the justice system is extensive, as the European Union has a deep commitment to promoting human rights and democratic governance,” said Ms Amadei.
