…challenges dismissal over Washington secondment
Hopolang Mokhopi
FORMER Maseru magistrate, Masopha Kao, is fighting for his reinstatement after being dismissed from the judiciary by the Judicial Service Commission (JSC).
This following a disciplinary inquiry chaired by Justice Fumane Khabo and prosecuted by the Registrar of the High Court and Court of Appeal, Advocate ‘Mathato Sekoai.
Mr Kao has filed an unfair dismissal application with the Directorate of Dispute Prevention and Resolution (DDPR), challenging the decision to terminate his employment.
His case stems from his three-year secondment to the Lesotho Embassy in Washington, United States, in 2021. The dispute over the secondment subsequently developed into a prolonged battle between Mr Kao and the JSC over whether he had been authorised to leave his judicial duties.
In his court papers, Mr Kao argues that he was dismissed for reasons that were never properly put to him during the disciplinary proceedings.
He states that he was initially charged under Rule 15 and summoned to answer those allegations. However, he says he was later instructed to show cause why he should not be dismissed under Rule 29 of the JSC Rules, despite never having been formally charged under that rule.
He further alleges that the findings contained in Justice Khabo’s report do not accurately reflect what transpired during the disciplinary hearing.
“What is in Judge Khabo’s report is definitely not what was said during the disciplinary proceedings. I approached the Labour Court seeking an order directing Judge Khabo to provide me with the recordings and transcripts of the proceedings. However, despite the Labour Court’s order, I was never provided with the recordings or transcripts,” Mr Kao states in his court papers.
According to a dismissal letter dated 13 April 2026, the JSC informed Mr Kao that, after considering the findings of the disciplinary inquiry at its 335th sitting on 26 March 2026, it had resolved to remove him from office.
The letter states: “This letter serves to inform you that, having considered the matter in the inquiry into your alleged breach of discipline, the Judicial Service Commission, at its 335th sitting held on 26 March 2026, ordered that you be removed from office by way of dismissal in terms of Rule 29 of the Judicial Service Commission Rules, 1994. You are therefore dismissed from the Judicial Service with immediate effect.”
Mr Kao was appointed as a magistrate by the JSC on 9 September 2005 in terms of Section 133(1) of the Constitution of Lesotho, 1993.
The disciplinary proceedings arose from charges contained in a letter dated 15 December 2024, signed by the Registrar of the High Court.
Mr Kao was accused of breaching Rule 15 by allegedly taking up employment in the public service under the Ministry of Foreign Affairs and International Relations on or before April 2021 without obtaining the approval of the JSC.
The allegations further state that his acceptance of the position resulted in his absence from judicial duties for approximately three years. He consequently faced allegations of leaving duty without authority and absenteeism.
The background to the dispute dates back to 2021, when Mr Kao was posted to the Lesotho Embassy in Washington. According to correspondence cited in an earlier Lesotho Times report, Mr Kao maintained that he had informed his superiors about the secondment and that he would remain in Washington until May 2024 because of his special assignment.
Upon his return to Lesotho in 2024, Mr Kao wrote to Chief Magistrate Central, ‘Matankiso Nthunya, expressing his desire to resume his duties as a resident magistrate. However, he was subsequently informed that he could not return to work pending the resolution of the dispute with the JSC.
The JSC later maintained that Mr Kao had neither been suspended nor expelled while he was away, but had instead absconded from duty. It consequently invoked the principle of “no work, no pay” in relation to the period of his absence.
Mr Kao challenged the constitution of the disciplinary panel in the High Court, where the matter remained pending at the time of the disciplinary proceedings. He nevertheless attended the hearing after being summoned by Adv Sekoai.
He is now challenging the ultimate decision to dismiss him, arguing, among other things, that he was not properly charged under the provision used by the JSC to remove him from office.
The former magistrate is seeking an order overturning his dismissal and paving the way for his return to the Judicial Service.