By Caswell Tlali
MASERU – A multi-million government project meant to clear a backlog of 21 000 criminal cases has stalled because the justice ministry has failed to pay staff including police and lawyers, the Sunday Express can reveal.
The finance ministry budgeted over M50 million for the task, termed the Lesotho Justice Sector Backlog Strategy.
Yet, police officers, lawyers and other staff on many occasions had to use their own cash to carry out duties, forcing the near abandonment of the project.
The principal secretary in the justice ministry, Retselisitsoe Masenyetse, however rejected claims that the project had stalled.
“The project is continuing under an improved case management system which is being tested in the High Court.”
Masenyetse said all private lawyers were paid although payment was delayed.
He said the project had encountered problems because only M8 million was released and this was mostly spent on hiring cars and renting office space.
The Law Society of Lesotho and other players say the failure to proceed with the project posed a threat to the country’s justice delivery system.
Many suspects would be forced to endure long periods before their cases are heard, prejudicing citizens of their right to fair and swift justice.
Lawyers owed money have quit, while many police officers seconded to the project say they have stopped tracking suspects and serving summons because of non-payment of allowances.
One such lawyer, Hopolang Nathane, confirmed he quit because he had not been paid for seven cases he handled in Leribe.
He told this newspaper that he is considering suing the justice ministry to claim M12 000 he is owed for the job.
Lesotho Mounted Police Staff Association secretary-general Motsamai Kholumo confirmed “hearing” of the issue, but said no one had approached the association officially.
“We heard about their problem and we are waiting for them to officially lodge a complaint so that we can act accordingly,” said Kholumo, whose association stands for police officers’ welfare.
A policeman who was part of the project said they had been promised special allowances on top of their salaries as well as reimbursements of personal funds used when travelling on duty.
“Many police (officers) no longer use their own means to do this job because they fear that they will never be reimbursed. This has put the work at a standstill,” said the policeman, who requested anonymity.
According to documents seen by this paper, the project had budgeted M7.9 million for setting up the Police Court Process Unit in the High Court and magistrates’ court for the purpose of effective return of summonses and subpoenas.
Another M23.9 million was set aside to outsource prosecution work in the districts to private lawyers, while M12.2 million was for the Legal Aid Department to assist suspects who couldn’t afford legal representation.
M8.1 million was reserved for holding criminal sessions at regional level for the High Court and the magistrates’ court.
Police spokesperson Masupha Masupha refused to comment, saying the project fell directly under the justice ministry and not the police.
But, amid the confusion surrounding the project, it is the justice delivery system that is taking the heaviest blow.
Law Society president Zwelakhe Mda said the situation could be improved by deepening working relations between the government and organisations such as his.
“I am of the belief that had the justice ministry worked with us on this, the backlog of cases could have been dealt with a long time ago,” he said.
“This has nothing to do with scarcity of funds. It is just that the government does not want to engage the Law Society.”