MASERU-The High Court sitting as the Constitutional Court has firmly dismissed an application by suspended Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, in which she sought the recusal of three judges presiding over her constitutional review case. The Court, through Justices ‘Malebona Khabo, Tšeliso Mokoko, and Moneuoa Kopo, restated its unwavering commitment to justice, stating that each judge has taken an Oath of Office to uphold the rule of law without fear, favor, or prejudice.
In a strongly worded judgment delivered at the beginning of the week, the Court emphasized that judicial independence is rooted in the solemn oath sworn by judges to dispense justice impartially and in accordance with the Constitution of Lesotho. “Our loyalty runs to the Constitution of Lesotho and none other,” the bench declared, dismissing any insinuation of bias.
Advocate Motinyane had filed the recusal application on the basis that the judges might not be impartial in handling her review case. At the center of the legal dispute is her constitutional challenge to the Prime Minister’s proposed advice to His Majesty the King, under Section 141(6) of the Constitution, to establish a tribunal to investigate her conduct in office.
Motinyane argued that such a move was unconstitutional and sought judicial intervention to halt the process. However, before the substantive matter could proceed, she filed the recusal application against the three judges, raising concerns over potential bias.
In response, the Court noted that the independence and impartiality of the judiciary are foundational principles of constitutional democracy. It reiterated that judges are bound by oath to render decisions based solely on the law and the evidence before them, not on personal opinions, external influence, or public sentiment.
“The Constitution entrusts the judiciary with the sacred responsibility of administering justice. This responsibility demands a high degree of integrity, discipline, and fidelity to the law,” the judgment read.
The Court further reminded that judicial officers are constantly under inspection and must maintain the highest standards of conduct. However, it cautioned against the misuse of recusal applications as a tactic to delay proceedings or undermine judicial authority.
Legal observers say the ruling is a strong statement in defence of judicial independence, particularly at a time when the courts are increasingly being drawn into high-stakes political and administrative matters. It also marks a significant development in the ongoing saga involving the DPP, who has been under suspension amidst allegations of misconduct and maladministration.
As the substantive review application now proceeds, all eyes remain on the Constitutional Court to determine whether the Prime Minister’s attempt to invoke Section 141(6) of the Constitution will be deemed constitutional or not.
For now, however, the judiciary has sent a clear message: it stands firm on its oath, and justice, guided by the Constitution, will prevail.
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