Lesotho's Prime Minister Reverses Decision on Court of Appeal Appointment

Prime Minister Thomas Thabane of Lesotho has reversed his decision to appoint Justice Yvonne Mokgoro as the acting president of the Court of Appeal, acknowledging that it would have created a conflict of interest. The controversy arose after Justice Mokgoro was recruited to the Court of Appeal on the recommendation of Justice Kananelo Mosito, who is seeking to overturn a judgment against his own reappointment as the head of the court.

In a series of correspondence between Thabane and Justice Mokgoro, the Prime Minister initially expressed his intention to appoint her as the acting president. However, he later recognized that her appointment would be problematic, as she would have been required to convene the court to hear Mosito's appeal against the judgment preventing his reappointment.

Instead of appointing Justice Mokgoro, Thabane chose to appoint Justice Maseshophe Hlajaoane as the acting president of the Court of Appeal. This decision was successfully challenged by a group of lawyers, who argued that the appointment was improper.

The legal proceedings that followed have brought to light the complex dynamics and potential conflicts of interest within Lesotho's judicial system. The case has raised questions about the independence and impartiality of the Court of Appeal, as well as the role of political influence in judicial appointments.

Why this matters: The controversy surrounding the appointment of the acting president of Lesotho's Court of Appeal highlights the importance of maintaining judicial independence and avoiding conflicts of interest. The case has significant implications for the rule of law and the integrity of the country's legal system.

Prime Minister Thabane's decision to reverse the appointment of Justice Mokgoro demonstrates an acknowledgment of the potential conflict of interest that would have arisen. However, the subsequent appointment of Justice Hlajaoane and the legal challenge it faced highlights the ongoing tensions and challenges within Lesotho's judiciary. As the legal proceedings continue, the outcome of this case will have important ramifications for the functioning and credibility of the Court of Appeal.

Key Takeaways

• PM Thabane reversed appointment of Justice Mokgoro as acting Court of Appeal president
• Appointment would have created conflict of interest due to Mosito's appeal against judgment
• Instead, Thabane appointed Justice Hlajaoane, but this was challenged as improper
• Case highlights tensions and potential conflicts of interest in Lesotho's judiciary
• Outcome will impact the independence and credibility of the Court of Appeal