The Judiciary of Lesotho has been resilient under difficult circumstances. Its challenges have been characterised by backlog of cases as well as lack of stability at its helm. The stability is often adversely affected by turbulence in the body politic of the country. Change of government has invariably resulted in changes in key judicial leadership positions, which vitiates the existence of security of tenure. For the past decade, appointment and removal of heads of the judiciary – the Chief Justice as well as the President of the Court of Appeal – seem to have ignited interest from the executive.
The mission is of the opinion that the constitutional provisions are not consistent with regional and international human rights law and standards. In the circumstances of Lesotho the current state of the law and practice give rise to the perception that the appointment of judicial officials and any impeachment action against them will be politically motivated.