Lesotho’s judiciary is in crisis. The recent case of former army commander Tlali Kamoli, whose trial has been postponed once again, epitomizes a system that is failing both the victims seeking justice and the accused awaiting their day in court. This is not an isolated incident but rather a symptom of a deeper malaise within our legal system—one that is woefully underfunded, poorly managed, and increasingly unable to fulfill its fundamental duties.
Kamoli, accused of attempted murder in connection with the 2014 bombings of former First Lady ‘Maesaiah Thabane’s residence and the home of then-Police Commissioner Khothatso Tsooana, will now spend eight years in prison without resolution to his case. The trial, already postponed multiple times, has been deferred yet again to April 2025 due to the non-payment of legal fees for his defense team. This protracted delay not only prolongs the suffering of the victims and their families, but it also violates the rights of the accused to a fair and timely trial.
The judiciary’s reliance on the pro deo system—a mechanism to provide legal representation for those who cannot afford it—has become a double-edged sword. While it theoretically ensures that every accused person has access to legal defense, in practice, it has become a source of endless delays. The government’s chronic failure to pay pro deo lawyers on time has led to frequent postponements, leaving both victims and accused persons trapped in a limbo of uncertainty.
This failure is not just an administrative issue; it is a moral one. Justice delayed is justice denied, and in Lesotho, justice is being delayed on an unprecedented scale. The victims of the 2014 bombings, who have waited over a decade for resolution, deserve better. The accused, who remain in legal purgatory, deserve better. The entire nation deserves better.
Consider the case of multiple suspects, who stands accused of murder and released on bail. Shockingly, while out on bail, same suspect commits a similar crime, re-arrested, and again released on bail. This cycle of crime, arrest, release, and re-offense underscores the judiciary’s inability to protect the public or hold criminals accountable.
The bail system, intended to balance the rights of the accused with public safety, has instead become a revolving door that endangers the very citizens it is meant to protect.
Such cases highlight a judiciary that is failing at every level. It fails the victims by denying them timely justice and closure. It fails the accused by subjecting them to indefinite delays and legal uncertainty. And it fails society by allowing dangerous individuals to roam free, emboldened by a system that seems incapable of imposing meaningful consequences.
The roots of this crisis are complex. Chronic underfunding, political interference, and a lack of institutional accountability have all contributed to the current state of affairs. However, the consequences are clear: a judiciary that no longer serves its purpose and a legal system that is increasingly viewed with cynicism and distrust by the public.
To restore faith in our judiciary, immediate reforms are necessary. The government must prioritize the timely payment of legal fees to ensure that pro deo lawyers can perform their duties without delay. The bail system needs a thorough review to prevent its abuse and to ensure that it does not become a mere formality for those accused of serious crimes. Additionally, the judiciary must be insulated from political pressures that compromise its independence and integrity.
Lesotho’s judiciary cannot continue on this current path, allowing delays, corruption, and inefficiency to erode the rule of law. Or it can undertake the necessary reforms to restore its credibility and fulfill its constitutional mandate. The choice is ours, but the time to act is now.
The victims of crime, the accused awaiting their day in court, and the citizens of Lesotho all deserve a judiciary that is fair, efficient, and just. Anything less is a failure of the highest order.
