Interview reveals judge’s incompetence

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Morosi Zian

MasheruResident Sheriff,Vice Corrisan,and his fellow Guting,Palesa Ranthala, be affectedStrict review periodInterviewHigh Court JudgesIn MaseruThis week.

The two judges were shortlisted along with Itumeleng ‘Mamokhali Shale, Head of the Department of Litigation and Adjective Law at the National University of Lesotho (NUL)Read-only memory21 applicantsReceivedAppointments were made by the Judicial Service Commission (JSC) to fill three vacant High Court judgeships.

The interview panel was chaired by Chief Justice Sakoane Sakoane and comprised Justice Polo Banyane, Public Service Commission chairman lawyer Mpeo Mahase-Moiloa and Attorney General lawyer Rapelang Motsieloa KC.

The jury was not shy about questioning the candidates’ professional abilities and past judgment.

Magistrate Kolisang served inssubordinatecThe judge, who has been on the court for 12 years and was the first to face the panel, was asked about the quality of his judgments, which the panel criticised as being too brief and lacking in detail.

In one case, Judge Saccoane questioned the structure and clarity of a two-page judgment, highlighting its inadequate analysis of the facts and the inadequate presentation of the litigants’ cases.

“Is this the record of proceedings or the summary? Also, the record is not the summary, it is everything that came before the court, so why are you summarizing the record? You are the court, how can a court write a one-page thing and call it a judgment? Are you saying there is no procedure in small claims court? Does it say the record of proceedings does not involve summaries?

“Suppose this judgment goes to a review court, how do you want the review court to deal with it? Where is the evidence? We don’t know whether these people are under oath, we don’t know their details, ages, descriptions, we don’t know this plaintiff, how he got into dispute with this person. What do the rules say? Even if the rules say don’t follow a strict procedure, they don’t say you shouldn’t give a detailed judgment… How will the lawyer draft an appeal or review based on this judgment?” asked Justice Sarkoan.

Justice Banyane echoed the same concern, noting that in another judgment, Justice Kolisang had issued an order without summarizing the case.ofWhen pressed, Judge Collisan struggled to justify his approach, sparking further criticism.sFrom the panel.

In another case involving property redress, Judge Colissan was questioned for not resolving jurisdictional issues raised during the proceedings. He admitted the oversight but offered no explanation for it.

The jury also noted Judge Collisan’s delay in reaching a verdict, which took five months instead of the required 60 days. Although Judge Collisan cited intervening factors, he did not incorporate them into his verdict, prompting the jury to question how the litigants understood the delay.

Justice Banyane expressed her concerns about Justice Kolisang’s readiness to go to the High Court, questioning whether he would be able to apply legal principles if he could not get the facts right.

“If the verdict is written like this, then the Basotho people will be disappointed,” sheWarning.

Judge Rantara was similarly questioned, especially about her handling of pending criminal cases. She admitted that in some cases, parties were allowed to settle out of court, a practice that Judge Sakoane strongly criticised as a violation of criminal procedure. He stressed that criminal cases fall under the jurisdiction of the state and are not subject to private settlements, warning that such a practice could lead to corruption.

“What is resolved in a criminal case? I heard that the local courts have done it and I questioned it and said where can I find it in the law? Because there are complaints that corruption is sometimes involved in the resolution process. Then I want to ask how do you resolve a criminal case because if the prosecutor says he is not going to proceed with it, you strike the case off the docket?

“Isn’t it a waste of time and resources for police to investigate these cases only to be told people are settling out of court? Shouldn’t you just tell the person they won’t tell you? The other issue is theft, is that what you do in the lower courts? The thief tells you they are settling? How do you settle with a thief?” asked Judge Sarkoan.

Magistrate Rantala admitted her mistake and promised that she would not make the same mistake again if promoted to the High Court.

In contrast, Dr. Shale faced relatively mild questioning, with the discussion focusing primarily on her academic contributions.

Chief Justice Saccone finally clarified that only one of the three candidates would be recommended for appointment, while the other two positions would be re-advertised.

“What we have to do now is to deliberate and decide whether the candidate meets the criteria for a high court judge,” he said.

Among the 18 judges who applied but failed to attend the interview were Central Chief Judge Matankiso Nthunya and several other judges including Thamae Thamae, Peter Murenzi, Tsheliso Bale, Monyake Hlabanyane, Molemo Monethi and Itumeleng Ralebese.

Other notable applicants include High Court and Court of Appeal Registrar Adv ‘Mathato Sekoai, Ombudsman Adv Totliso Polaki, Directorate of Dispute Prevention and Resolution (DDPR) arbitrator Adv Ratsolo Thulo and former deputy attorney general Adv Tsebang Putsua. NUL assistant registrar Adv Rasetla Mofoka, lawyers from the Attorney General’s Chambers Thomas Thakalekoala, Karabo Mohau KC, Sekake Malebanye KC, Mapitso Marethabile Leseeo Rantja and Vusimuzi Patrick Tsenoli also failed to qualify.

Judge Saccone said they wouldallIf they comply with the new code of ethics for judges published in June, which was the reason they were disqualified, they will still have a chance when the opportunity arises again.