The President of the Court of Appeal, Dr Kananelo Mosito KC on Monday officially opened the first session of the 2019/2010 court’s sitting.
The opening comes shortly after the Law Society of Lesotho and other stakeholders in the judiciary worked hard in ensuring that the court’s sitting in April failed due to lack of finances.
Delivering his opening speech, Dr Mosito welcomed all stakeholders in the court’s sitting, saying it has been a mammoth task in arranging for this court’s sitting to become a reality and that all the blame for the court failing to sit in April should not be directed to court’s administration but somewhere within the government.
He added that the court unreservedly passes its thanks to the Law Society of Lesotho for the efforts it made in ensuring that the court resumes with its business.
Also speaking, the President of Law Society of Lesotho, Advocate Tekane Maqakachane said in any democracy, it is a fundamental principle based on separation of powers that policy directions and choices are matters within the executive branch of government and that the role of Parliament is that of oversight over the executive.
He stressed that whenever disputes arise, it is the judiciary that is called upon to decide through the application of the law and that it is not for the judiciary to make police choices and to decide on polycentric policy issues.
He further mentioned that it is not the judiciary that should run the state, but to police the constitutional boundaries and to enforce the constitution without fear or favour.
The President said Lesotho’s courts are precariously sitting at the intersection of law, conflict and politics, saying their intervention is likely to render them agents and tools of law-fare.
Meanwhile, the court resumed with the hearing of appeals today and will be heard throughout the month until on Friday, May 31, 2019 when judgements will be delivered.
The court will in this session deal with 22 civil appeals and one criminal appeal.
The court’s panel comprise of among others, the Court’s President Dr Kananelo Mosito KC, acting Chief Justice ‘Maseforo Mahase and acting Judges of the Court of Appeal, Dr Philip Musonda and Judge Moses Chinhengo.
Source: LENA 13/05/2019