MASERU Resident Magistrate, Motlatsi Kolisang, and his Quthing counterpart, Palesa Rantara, came under intense scrutiny during interviews for High Court judges in Maseru this week.
The two magistrates, alongside Itumeleng 'Mamokhali Shale, Head of the Department of Procedural and Adjectival Law at the National University of Lesotho (NUL), were shortlisted from the 21 applicants received by the Judicial Service Commission (JSC) for three vacant High Court judge positions.
The interview panel, chaired by Chief Justice Sakoane Sakoane, included Justice Polo Banyane, Public Service Commission Chairperson Advocate Mpeo Mahase-Moiloa, and Attorney General Advocate Rapelang Motsieloa KC.
The panel did not shy away from challenging the candidates on their professional competencies and past judgments.
Magistrate Kolisang, who has served in the subordinate courts for 12 years, was the first to face the panel. He was questioned about the quality of his judgments, which the panel criticised for being brief and lacking in detail.
In one instance, Justice Sakoane questioned the structure and clarity of a two-page judgment, highlighting its insufficient analysis of facts and the inadequate presentation of 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 would you summarise the record? You are a court of law, how can a court of law write a one-page thing and call it a judgement? Are you telling us there is no procedure in the small claims court? Does it say the record of proceedings does not involve the summary?
"Suppose this judgement goes to the court of review, how do you expect the court of review to deal with it? Where is the evidence? We don't know whether these people were sworn-in, we don't know their particulars, their ages, their descriptions, and we don't know this plaintiff, how they came into dispute with this person. What do the rules say? Even if the rules say don't strictly follow the procedure, they do not say you should not give detailed judgements... How would a lawyer draft an appeal or the review based on this judgement?" asked Justice Sakoane.
Justice Banyane echoed these concerns, pointing out another judgement where Magistrate Kolisang had issued an order without summarising the case's facts. When pressed, Magistrate Kolisang struggled to justify his approach, leading to further critiques from the panel.
In another case, involving the vindication of property, Magistrate Kolisang was questioned for not addressing a jurisdictional issue raised during the proceedings. He acknowledged the oversight but offered little explanation for the lapse.
The panel also noted Magistrate Kolisang's delay in delivering a judgment, which took five months instead of the required 60 days. Although Magistrate Kolisang cited intervening factors, he failed to include these in the judgement, prompting the panel to question how litigants could understand the delay.
Justice Banyane expressed her concerns about Magistrate Kolisang's readiness for the High Court, questioning his ability to apply legal principles if he failed to capture the facts correctly.
"Basotho are being let down if this is how you write judgments," she admonished.
Magistrate Rantara was similarly grilled, particularly about her handling of pending criminal cases. She admitted to allowing parties to settle out of court in some instances, a practice Justice Sakoane strongly criticised as contrary to criminal procedure. He emphasised that criminal matters are under the jurisdiction of the state and not subject to private settlements, warning that such practices could invite corruption.
"What is being settled in a criminal matter? I have heard that this has been done in Magistrate courts and I have questioned it and said where do I find it in the law? Because there have been complaints that in settlement procedures sometimes there is corruption involved in it. Then I ask how you settle criminal cases because if the prosecutor says he is no longer proceeding, you just strike the matter off the roll?
"Is it not a waste of police time and resources investigating these cases only to be told that people are settling out of court? Shouldn't you just tell the parties that they are not going to tell you that? Another matter is of theft, is this the type of thing that you do at the Subordinates Court that a thief will tell you that they are settling? How do you settle with a thief?" asked Justice Sakoane.
Magistrate Rantara conceded her error, promising not to repeat such mistakes if elevated to the High Court bench.
Dr Shale, in contrast, faced relatively mild questioning, with the discussion focusing mainly on her academic contributions.
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Chief Justice Sakoane concluded by clarifying that only one of the three candidates would be recommended for appointment, with the other two positions to be re-advertised.
"What remains now is for us to deliberate and decide if any candidate meets the standards required for a High Court judge," he said.
Some of the 18 who had applied but failed to make it to the interviews were Central Chief Magistrate 'Matankiso Nthunya and several other magistrates, including Thamae Thamae, Peter Murenzi, Tšeliso Bale, Monyake Hlabanyane, Molemo Monethi, and Itumeleng Ralebese.
Other notable applicants included High Court and Court of Appeal Registrar Advocate 'Mathato Sekoai, Ombudsman Adv Tlotliso Polaki, Directorate on Dispute Prevention and Resolution (DDPR) Arbitrator Adv Ratsolo Thulo, and former Deputy Attorney General Adv Tsebang Putsoa. NUL's Assistant Registrar Adv Rasetla Mofoka, Advocates Thomas Thakalekoala from the Attorney General's office, Karabo Mohau KC, Sekake Malebanye KC, Mapitso Marethabile Leseeo Rantja, and Vusimuzi Patrick Tšenoli also failed to qualify.
Justice Sakoane said they would all still have a chance when opportunity arose again, if they meet the new code of ethics for judges, published in June, which had been the reason for their disqualification.
