…‘Justice delayed is justice denied,’ says victim of an 11-year wait
Moorosi Tsiane
THE judiciary has sparked outrage among litigants after announcing that all cases which had been part-heard or were awaiting judgment before retired Justice Tšeliso Monapathi and former Justice Keketso Moahloli must now be restarted from scratch before new judges.
This means dozens of litigants — some of whom have been waiting years for justice — will have to relitigate their matters afresh. They should automatically pay their lawyers again, incurring substantial financial losses on top of the emotional toll they have already endured.
The High Court and Court of Appeal Registrar, Adv ‘Mathato Sekoai, issued a circular on 18 June 2025, confirming that the cases formerly handled by Justices Monapathi and Moahloli will be heard de novo (afresh).
“Kindly take notice that cases pending finalisation before the above Justices will start de novo before different judges,” the circular reads.
“Take further notice that these cases will be subjected to the current court rules (Civil Litigation Rules 2024) and practice directions. Litigants are accordingly advised to approach the office of the Registrar for a further direction on the process of reallocation.”
The announcement has drawn fierce criticism from affected litigants.
With dozens of cases now on hold and lawyers scrambling to advise clients, there is growing pressure on the judiciary to find a more humane solution.
As it stands, the circular offers no recourse — only a direction: start over. For many Basotho, that directive feels less like justice and more like punishment.
“I’ve waited since 2014”
One litigant, who asked to remain anonymous, told the Lesotho Times that his case had been awaiting judgment before Justice Moahloli for over a decade.
“Justice delayed is justice denied,” he said.
“I lost my job in 2008 and challenged the dismissal through the courts. The case reached the Labour Appeal Court, where it was heard by Justice Moahloli in 2014. He reserved judgment, and since then, my lawyer and I have been following up.”
“I visited the Registrar’s office countless times until last week when I was told that my case will now have to start afresh. Imagine the devastation of being told that—after 11 years of waiting.”
He said the financial implications were crushing.
“Legal fees are no longer what they were back then. I now have to pay a lawyer to reopen a case that should have been long decided. While I may just manage to cover the cost, what about other people with fewer resources? This is not just an inconvenience — it is an injustice.”
“It feels like a betrayal”
Another disgruntled litigant, ‘M’e Nthabeleng*, who had been seeking compensation in a protracted civil matter since 2015, echoed the frustration.
“It feels like a betrayal by the very system that’s supposed to protect us,” she said.
“For years, I put my trust in the courts, believing that justice would be served eventually. When I heard my case would start over, I was numb. It’s not just about money — it is about the emotional burden, the time lost, and the doors that remained closed in my life because of that unresolved case.”
She said her lawyer, who had represented her since the beginning, has now relocated and no longer practices in Lesotho. This means she will not only have to start her case again but will also need to find and brief a new lawyer — at additional cost.
“We are told the law must be fair, but where is the fairness in this?” she asked.
Background
Justice Monapathi retired in August 2024, after a 30-year tenure on the bench. He allegedly left behind over 30 incomplete cases.
Justice Moahloli, who joined the High Court in 2014 and was confirmed in 2018, resigned in November 2024 amid allegations of serious delays.
He was facing a judicial tribunal set up by His Majesty King Letsie III at the advice of Chief Justice Sakoane Sakoane. Justice Moahloli was accused of failing to deliver judgments in more than 100 cases, in violation of judicial ethics.
According to the Code of Ethics for Judges, a judgment should be delivered within 90 days of being reserved, and no later than 180 days under exceptional circumstances.
“Where a judgment is reserved to be delivered on notice, the judge shall use his or her best efforts to ensure that such judgment is delivered within the next 90 days,” Justice Sakoane stated in a gazette published on 31 May 2024.
“Except in unusual and exceptional circumstances, no judgment shall be delivered later than 180 days.”
Legal and financial fallout
Legal experts have warned that the implications of restarting these cases are far-reaching.
Lawyers will have to retrace their steps, restudy old files, and reassemble evidence that may now be stale or lost. In many instances, witnesses may no longer be available, memories may have faded, and documentation could have been misplaced. For litigants, the cost is not just financial, but psychological.
“You cannot just reset people’s lives like you are pressing a button,” said a Maseru-based lawyer familiar with one of the affected cases.
“Some clients are elderly or ill. Some have already passed away. Restarting these cases will break their spirits, if not their pockets.”
Law Society of Lesotho
While litigants are banking on the Law Society of Lesotho (LSL) to come to their rescue, the lawyers’ body is yet to deliberate on the matter.
“This matter is still new, and we have not yet deliberated on it. We had hoped that by the time the two judges left, they would have completed all the cases before them.
“However, since that was not the case, the executive will meet next week to look into the issue. Only then will we be in a position to comment on the matter,” the LSL secretary general, Ithabeleng Phamotse, told the Sunday Express on Friday.