The High Court of Lesotho has been left scrambling to deal with a staggering 218 unresolved casesfollowing the departure of two senior judges; Justice Tseliso Monapathi and Justice Keketso Moahloli.
The backlog includes judgments and part-heard matters, some of which date as far back as 1994, now thrown into uncertainty due to missing litigants, lost files, and vanished witnesses.
A Legacy of Delay
Justice Monapathi, who retired in August 2023 after an illustrious 30-year judicial career, left behind a remarkable 107 undelivered judgments, spanning civil and criminal cases. The actual number of incomplete matters is even higher;116 in total, once part-heard cases are accounted for.
A detailed breakdown reveals a systemic failure in case finalisation:
• 37 civil trials
• 26 civil applications
• 2 civil appeals
• 2 criminal trials
• 7 criminal applications
• 1 criminal review
• 9 part-heard cases
Startlingly, five cases filed in 1994 remained unresolved at the time of his retirement. The bottleneck peaked between 2015 and 2021, with 62 cases stuck in limbo during that period alone.
Forced Exit Amid Mounting Criticism
Justice Moahloli, who resigned abruptly in October 2023, left under a cloud of controversy. His resignation followed a recommendation for impeachment by Chief Justice Sakoane Sakoane over persistent delays.
Moahloli left 84 undelivered judgments, predominantly civil applications, and 18 part-heard cases, bringing his total unfinished caseload to 102 matters. His annual backlog had shown a worrying trend, escalating from just one unresolved case in 2014 to 20 in 2021, suggesting chronic case mismanagement.
Administrative Fallout
The departure of the two judges has triggered a judicial logistical nightmare. Chief Justice Sakoanehas since reassigned all 218 abandoned cases to other sitting judges. Meanwhile, the Registrar of the High Court, Advocate Mathato Sekao, has issued a circular summoning litigants and lawyers to a roll call hearing scheduled for 4 August 2025 in an attempt to revive the dormant cases.
But the path forward is fraught with obstacles:
• Some litigants and witnesses are now deceased or cannot be located.
• Evidence has been lost or destroyed over time.
• Police officers involved in investigations have either retired or left service.
• Memories have faded, and documents have gone missing, creating legal ambiguities and procedural voids.
A System Near Collapse
These revelations come as Lesotho’s High Court continues to grapple with an already overwhelming backlog of nearly 4,000 pending cases. The addition of 218 complex, aged cases…many requiring re-litigation, further burdens a justice system that critics say is inching toward dysfunction.
Legal experts and human rights advocates are calling this a crisis of confidence in the judiciary. “When cases take 30 years and still aren’t resolved, the system isn’t just inefficient, it’s broken,” remarked one veteran lawyer, speaking anonymously.
What Happens Now?
While some cases may be salvaged, many are expected to collapse due to evidentiary and procedural decay. The Judiciary faces an uphill task…not only to catch up, but to restore public trust.
As roll call hearings begin next month, many families and businesses who’ve waited years, even decades, for justice will be watching closely. Whether this backlog will be cleared—or further buried in bureaucracy, remains to be seen.
Quick Stats:
• Monapathi: 107 undelivered judgments, 116 total incomplete cases
• Moahloli: 84 undelivered judgments, 102 total incomplete cases
• Total reassigned cases: 218
• High Court backlog: Approaching 4,000 pending casesj
