Moorosi Tsiane
HIGH Court Judge, ‘Maseforo Mahase, has been suspended because she allegedly allocated herself cases in which she had an interest, among other serious allegations.
The prerogative of allocating cases to judges constitutionally belongs to the Chief Justice, who heads the High Court, and allocates the cases in liaison with the court’s registrars.
A well-placed source told the Sunday Express that Justice Mahase has also been failing to deliver judgments within the 90-day stipulation that was introduced by the Chief Justice on 31 May 2024 as part of a rafter of measures to foster efficiency within the judiciary.
Justice Mahase will now face a tribunal inquiry into her fitness to continue serving as a judge after her suspension last week.
According to High Court Circular No. 10 of 2025, signed by Registrar of the High Court and Court of Appeal Advocate Mathato Sekoai and dated 7 November 2025, Justice Mahase’s suspension took effect on Tuesday, 4 November 2025.
“Take notice that Justice ‘Maseforo Mahase has been suspended from exercising the functions of her office with effect from Tuesday, 4 November 2025,” the circular states.
The suspension follows the 13 October 2025 appointment of a three-member tribunal chaired by Justice Mankhambira Charles Ching’anyi Mkandawire of Malawi, with Justices Sylvester Salufi Maingafrom Namibia and David Mangota from Zimbabwe as members.
The tribunal is tasked with investigating the judge’s alleged unbecoming conduct, including the claims that she allocated herself cases in which she had an interest and delayed judgments beyond the 90-day stipulation.
“Her inquiry is based on allegations that she has been allocating herself cases in which she seems to have an interest. She is also not delivering judgments on time, which is contrary to the rules that require judges to complete judgments within 90 days following case completion,” our highly placed source said.
High Court spokesperson, Nthabiseng Mohale, confirmed the suspension but declined to provide further details.
“For now, we can only confirm that she has been suspended. She has not yet been charged, so we cannot reveal the charges until she is formally charged,” Ms Mohale said.
The suspension comes amid her deepening rift with Chief Justice Sakoane this year, which exposed several instances of her alleged?misconduct.
In a letter dated 11 June 2025, Justice Sakoane accused Justice Mahase of presiding over two urgent matters without proper allocation, contrary to Practice Directive No. 2 of 2024.
“I consider that you have deliberately conducted yourself in a manner unbecoming and subversive of the administration of justice,” the Chief Justice stated.
Justice Mahase responded on 13 June 2025, denying the accusations and claiming she acted on misinformation from her Clerk and Counsel, who allegedly told her the Chief Justice had directed the matters to her.
However, in his reply on 17 June 2025, 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.”
This referral has now culminated in the formation of the tribunal and Justice Mahase’s suspension.
Justice Mahase is the latest to face the wrath of Justice Sakoane who has been on a drive to clean the judiciary of incompetence by among other things weeding out “lazy” judges.
Justice Keketso Moahloli resigned in November last year after a tribunal was also established to test his fitness to remain a judge after he failed to write over 100 judgements. Similarly, Justice Tšeliso Monapathi’s benefits, following his August 2024 retirement have been held in abeyance?on the orders of Justice Sakoane after the former left the judge without writing more than failing to issue judgements.
Instead of acknowledging his monumental failure to complete his work before leaving the bench, Judge Monapathi launched a bizarre court case in which he accused the Chief Justice of seeking to subject him to “slavery” by withholding his benefits while expecting him to continue working.
The case is still pending.
If the tribunal upholds the charges against Judge Mahase, it will mark an ignominious end to a long but controversial judicial career.
Judge Mahase once found herself in the cross hairs of another senior colleague, Court of Appeal President Kananelo Mosito whom she had accused of interfering with her administrative functions while she was still acting Chief Justice in 2019. Justice Mahase had written to Justice Mosito over differences that stem from litigations by the two faction vying for control of the then ruling All Basotho Convention (ABC). Justice Mahase has apparently been ruling in favour of a faction of the ABC supported by then leader Thomas Thabane but her judgments were overturned on appeal.
Her husband, Thabiso Mahase, was arrested in December 2017 along with his son, Teboho, over allegations of stealing M3.6 million in pensioners’ allowances.