Moorosi Tsiane
SUSPENDED High Court judge, ‘Maseforo Mahase, has intensified her legal battle against her impeachment process, accusing Chief Justice Sakoane Sakoane of handpicking judges to preside over a tribunal, hence acting as both complainant and decision-maker in the matter.
In fresh court papers filed this week, Justice Mahase argues that the process leading to her suspension and the appointment of a three-member tribunal was riddled with constitutional violations, procedural unfairness and a reasonable apprehension of bias.
The dramatic legal showdown stems from her suspension on 4 November 2025 following allegations that she delayed delivering judgments and improperly allocated cases to herself.
A tribunal appointed on 13 October 2025 — chaired by Malawian Justice Mankhambira Charles Ching’anyi Mkandawire alongside Justices Sylvester Salufi Mainga and David Mangota — was tasked with probing the allegations.
However, Justice Mahase now argues that the tribunal itself is compromised.
The tribunal is investigating allegations that she allocated herself matters in which she had an interest and failed to deliver judgments within the mandatory 90-day period prescribed by judicial regulations.
Through her lawyer, Advocate Katiso Nhlapo, she argues that the court must determine whether her suspension was unlawful because she was never given prior notice or an opportunity to defend herself before being removed from office.
“This honourable court is called upon to determine whether the suspension of Judge Mahase, effected without prior notice, without any indication that suspension was under consideration and without affording her an opportunity to be heard specifically on the question of suspension, violates the audi alteram partem rule and must be reviewed and set aside,” the court papers read.
She further argues that the referral made by Justice Sakoane to His Majesty King Letsie III to appoint the tribunal members was constitutionally defective because it allegedly relied on the wrong constitutional provisions.
Justice Mahase also attacks the composition of the tribunal, saying it creates a perception that the process is biased against her from the outset.
“Whether the appointment of the tribunal whose members were hand-selected by Justice Sakoane in his capacity as the de facto complainant, without any input of the Judicial Service Commission (JSC), gives rise to a reasonable apprehension of bias that disqualifies the tribunal proceedings,” she argues.
She claims the exclusion of the JSC from the suspension process violated the separation of powers and constitutional safeguards meant to protect judicial independence.
“The exclusion of the JSC from the suspension and removal process creates an unconstitutional asymmetry that violates the separation of powers and the principles of fair procedures.”
The embattled judge maintains that the accusations against her are based on flawed information and insists she was denied the opportunity to properly explain herself before being suspended.
Justice Mahase argues that she would have produced affidavits from Advocates Makara and Fusi Sehapi to show that the disputed cases were allocated through normal court procedures.
She further argues that denying her a hearing violated the audi alteram partem principle — a cornerstone of administrative justice requiring that a person be heard before adverse action is taken against them.
The dispute marks the latest chapter in an escalating feud between Justice Mahase and her boss, Justice Sakoane, that has simmered for months within the judiciary.
In June 2025, Chief Justice Sakoane accused her of improperly presiding over two urgent matters without formal allocation, allegedly breaching Practice Direction No. 2 of 2024.
At the time, he described her conduct as “unbecoming and subversive of the administration of justice.”
Justice Mahase denied wrongdoing, saying she acted after her clerk informed her that the matters had been allocated to her by the Chief Justice himself.
But in a strongly worded response dated 17 June 2025, Chief Justice Sakoane dismissed her explanation.
“Since when do judges seek clarification from administrative staff on the propriety of dealing with matters they are seized with? Your response is not persuasive. What remains for me is to refer the matter for deeper enquiry by an independent body in terms of Section 121(5) of the Constitution,” he wrote.
Justice Mahase now wants the court to declare the suspension unlawful, irrational, procedurally unfair and unconstitutional, and to review and set aside the Chief Justice’s recommendation that she be suspended and investigated.
Advocate Rudie Cronje, representing the respondents, is yet to file heads of argument in the matter.
A three-member panel comprising retired South African judge Justice Boissie Henry Mbha, Justice Kamanga Ivy Chatha of Malawi and Justice Latifa A. Massor of Tanzania has been appointed to hear her court challenge against both her suspension and the composition of the tribunal.