…as it strives for autonomy
Rethabile Pitso
LEGAL Aid Lesotho has embarked on a nationwide consultative process aimed at strengthening its institutional efficiency and laying the groundwork for possible amendments to the law that established it.
On Friday, the institution convened a meeting in Maseru for stakeholders from across the justice sector to engage in discussions intended to help shape a new policy framework.
Legal Aid was established by the Legal Aid Act of 1978 as a department under the Ministry of Law and Justice. Its mandate is to provide legal assistance to indigent individuals who cannot afford the services of private legal practitioners in litigation.
In September 2025, the institution expanded its services to four additional districts, opening offices in Leribe, Mokhotlong, Thaba-Tseka and Qacha’s Nek. The move formed part of a long-standing decentralisation initiative first proposed in the early 2000s.
Speaking on the sidelines of the meeting, Chief Legal Aid Counsel, Advocate Mary ’Nyane, said the institution’s long-term goal was to achieve operational independence to deliver services more efficiently.
“Most legal aid jurisdictions operate independently. They have governing boards, often chaired by a Chief Justice or a judge, to oversee operations and ensure accountability. At Legal Aid Lesotho, we would also like to see such a structure established,” Adv ’Nyane said.
She said the institution’s budget was currently controlled by the ministry’s chief accounting officer, the principal secretary.
“Our budget allocation depends on whether we are prioritised in a particular financial year or not. That inconsistency undermines our efforts. After 47 years of existence, one would expect that we would already be a priority.”
Adv ’Nyane said achieving autonomy would enable Legal Aid Lesotho to grow into a fully established institution capable of effectively fulfilling its mandate.
“If we were autonomous, a governing board would provide guidance and oversight, ensuring accountability and quality legal aid services,” she said.
She added that decentralisation occurring only 47 years after the establishment of Legal Aid was concerning.
“There has never been a reasonable explanation for why the decentralisation process took so long. The idea was introduced around 2000, yet it has only recently begun to materialise,” she said.
Adv ’Nyane explained that the policy currently under development would guide the institution’s operations and address long-standing challenges.
“Through this policy we intend to address many of the challenges we have faced over the years. Without clearly defined ethics, legal obligations and responsibilities, it becomes difficult to measure the quality of services being provided.
“Structures that promote accountability make it easier to assess performance and ensure consistency,” she said.
Legal Aid Director, Adv Nkola Masoabi, also said the policy development process demonstrated the institution’s commitment to strengthening access to justice.
“The Legal Aid Act of 1978 is outdated and has never been reviewed. The development of this policy could assist in guiding amendments to the Act so that it responds to contemporary challenges. In many instances, policy influences law,” Adv Masoabi said.
He said the new policy framework would also help restore public confidence in Legal Aid services following years of operational constraints.
“Before decentralisation, we operated only from Maseru, with clients travelling from across the country to seek assistance. That meant we were not serving our clients effectively, particularly the indigent Basotho who depend on our services.
“At the time, we had only 20 staff members serving the entire country, including 17 lawyers and three non-professional staff. Those 17 lawyers were expected to attend trials across the country, which was extremely difficult due to limited resources, especially transport.”
He said the situation often resulted in postponed cases when Legal Aid representatives failed to appear in court.
“Even magistrates who referred cases to our office began to lose confidence in us because we could not attend proceedings consistently. The situation undermined the effectiveness of our services,” he said.
However, Adv Masoabi said the institution had since made significant progress.
“Our staff complement has grown from 20 to 67 personnel, including 32 lawyers. We have also introduced social work services, employing six social workers to assist our clients.”
He added that the policy development process, supported by the European Union, represented an important milestone in improving access to justice.
“The European Union has provided a consultant who is assisting us in developing guidelines that will strengthen collaboration with other legal aid providers.
“Legal Aid’s development is essential to improving services and expanding access to justice. This policy should not be viewed merely as a technical exercise but as a critical step towards ensuring that justice is accessible and affordable for all, especially the poor, marginalised and vulnerable.”
Adv Masoabi said representatives from across the justice sector had been invited to contribute to the policy discussions, including prosecutors, members of the police and Lesotho Correctional Service, the judiciary and civil society organisations.
“They are encouraged to interrogate our existing policies and propose new recommendations.”
He said some of the issues under discussion included eligibility criteria for Legal Aid services.
“For example, we currently assist individuals earning a gross income of M6000 or less. But what happens when someone earning M8000 approaches us and cannot afford a private lawyer?
“Similarly, our services are primarily intended for indigent Basotho. But what happens if a foreign national involved in litigation cannot afford legal representation?
“These are the types of questions that will help us develop a more responsive and inclusive policy framework,” he said.