Staff Reporter
MASERU — The battle for seniority between Chief Justice Mahapela Lehohla and Court of Appeal president Michael Ramodibedi has slumped to embarrassing levels.
The latest episode of the fight played itself out at the king’s birthday celebrations in Mohale’s Hoek on July 17 in an incident that several witnesses described as shocking.
Witnesses said Justice Lehohla’s driver almost ran over some pedestrians as he tried to overtake Justice Ramodibedi’s car so that the chief justice could drive behind Prime Minister Tom Thabane’s motorcade.
As per state protocol procedure the entourage was led by the king, followed by the prime minister and then the Court of Appeal president.
The chief justice was fourth.
The dignitaries were leaving the celebration venue to go to a hotel for lunch.
That order of precedence was supposed to be maintained until they reached the hotel.
Sources said minutes after the entourage had left the stadium Justice Lehohla instructed his driver to quickly overtake Justice Ramodibedi’s car so that he could drive behind the prime minister.
“The chief justice’s car accelerated, splashed some mud on pedestrians and missed others by inches,” a source said.
“Justice Ramodibedi’s driver slowed down because the chief justice’s car was already squeezing between Justice Ramodibedi and the prime minister’s cars.”
When the entourage reached the hotel, the chief justice’s car was now driving behind the prime minister’s motorcade.
A senior government official who was at the event said ministers who saw the incident were shocked.
“The prime minister was enraged by the incident,” he said.
He said some ministers immediately advised Thabane to censure the chief justice.
The Sunday Express could not independently verify if Thabane later censured the chief justice but several senior government officials said he spoke to him days after the incident.
This paper is reliably informed that after the incident several police officers at the Palace of Justice were sent for a VIP protection course at Mabote Police Station.
The chief justice’s driver, the source said, later went to Justice Ramodibedi’s chambers to apologise.
High Court employees who spoke to him soon after the incident said he was shaking with fear. They said he said he “would rather resign than be made to drive dangerously”.
Acting High Court and Court of Appeal registrar, Lesitsi Mokeke, said he had heard of the incident but could not confirm it because he did not attend the King’s birthday.
“I have heard of such an incident but I cannot confirm it because I wasn’t there,” Mokeke said.
“I am yet to talk to the two drivers (for chief justice and Court of Appeal president) to understand what really happened. Until I have verified with the drivers I can only say I heard of such an incident”.
Last week the Sunday Express revealed that the chief justice was trying to lobby the new government to amend the constitution so that he becomes the head of the judiciary and rank above the Court of Appeal president in state protocol.
Sources said Justice Lehohla sees the change in political leadership as his opportunity to correct an injustice he always thought he was suffering at the hands of the previous government.
Despite his incessant pressure, the previous government refused to recognise him as the country’s most senior judge.
The chief justice believed former Prime Minister Pakalitha Mosisili and his cabinet had declared Justice Ramodibedi as the most senior judge in order to undermine him.
This is despite that the previous government explained that its decision was based on the fact that the constitution states that the Court of Appeal is the apex court in Lesotho.
The incident in Mohale’s Hoek happened barely a month after the foreign affairs ministry rejected chief justice’s claim that he is supposed to rank above Justice Ramodibedi in state protocol.
The chief justice had instructed High Court’s deputy registrar Mojela Shale to complain to the foreign affairs ministry about the order of protocol used when Thabane was inagurated as prime minister in June.
In his letter Mojela said the chief justice was the head of the judiciary and should therefore have appeared ahead of Justice Ramodibedi on the protocol list.
The foreign affairs ministry’s response was to remind Mojela of the cabinet’s directives in 1994 and 2009.
Those decisions as well as government manual on state protocol procedures said the president of the Court of Appeal ranks above the chief justice.