VZCZCXRO6700
RR RUEHBZ RUEHDU RUEHJO RUEHRN
DE RUEHMR #0153/01 1381030
ZNR UUUUU ZZH
R 181030Z MAY 09
FM AMEMBASSY MASERU
TO RUEHC/SECSTATE WASHDC 4163
INFO RUCNSAD/SADC COLLECTIVE
RUEHMR/AMEMBASSY MASERU 4590

UNCLAS SECTION 01 OF 02 MASERU 000153 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM LT
SUBJECT: LESOTHO: RELATIONS DETERIORATE BETWEEN THE LAW SOCIETY AND 
THE CHIEF JUSTICE 
 
MASERU 00000153  001.2 OF 002 
 
 
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Summary 
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¶1.  The Law Society of Lesotho (equivalent to the American Bar 
Association), convened a press conference on April 17, 2009, to 
announce the establishment of a "commission of inquiry on the 
root causes of the current unsatisfactory state of the 
administration of justice in Lesotho".  The decision by the Law 
Society did not please the Chief Justice and tension between the 
two has been increasing gradually.  As if that was not enough, 
on May 12, the Law Society wrote a strongly worded letter to the 
office of the Chief Justice expressing their dissatisfaction 
with the lawyers who have been nominated for the prestigious 
title of King's Counsel. 
 
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Law Society investigates Lesotho's judicial system 
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¶2.  Advocate Nthloki, the chairman of the Commission of Inquiry, 
stated that the Law Society, acting on its mandate (Law Society 
Act of 1983) vested by the Parliament of Lesotho to act as a 
watchdog over citizens' fundamental and constitutional rights 
and to preserve the rule of law, decided to mount an inquiry 
into the root causes of the unsatisfactory state of the 
administration of justice in Lesotho.  Nthloki stressed that the 
commission's work was not a "witch hunt" and reiterated they 
were guided by principles which are in line with and in 
pursuance of the founding statute of the Law Society, which 
proclaims as one of its objectives:  "To assist in the 
administration of justice." 
 
¶3.  Nthloki indicated that the Law Society was disappointed with 
the Chief Justice's response to their request for the High Court 
to postpone cases filed by lawyers who are part of the 
Commission of Inquiry, following a statement by the Office of 
the Chief Justice that no legal cases will be postponed and that 
the Commission's work was regarded as a private exercise. 
Nthloki pointed out that the request was made in order to enable 
practicing lawyers to focus on commission work without any 
disturbance for a period of two weeks.  He mentioned that the 
Commission will have powers to subpoena "any individual 
including the Minister of Justice and the Chief Justice" and 
will also have the power to issue arrest warrants. 
 
¶4.  The Commission began their inquiry on Monday, April 20.  The 
resulting Law Society report will contain recommendations for 
the Attorney General to prosecute if there is evidence of 
corruption; the Society may also opt for private prosecution if 
the Attorney General fails to prosecute. 
 
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Choice of King's Counsel unpopular with Lesotho lawyers 
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¶5.  In a sign of the continuing tensions between practicing 
lawyers and the office of the Chief Justice, the Lesotho Law 
Society has written a strongly worded letter to the office of 
the Chief Justice expressing their dissatisfaction with the 
lawyers who have been nominated for the prestigious title of 
King's Counsel in an annual exercise conducted by the Chief 
Justice's office.  To be eligible for nomination, a practicing 
lawyer must meet stringent criteria that include at least 
fifteen years with an excellent track record as a practicing 
lawyer.  According to Embassy contacts who are part of the law 
fraternity, "appointment as the King's Counsel is the equivalent 
of winning a football premier league fifteen years in a row." 
But this year's nominations did not go down well with members of 
the legal profession, with lawyers complaining that two of the 
candidates do not come anywhere near meeting the criteria for 
the coveted title.  The three lawyers who have been nominated 
are:  Advocate Leaba Thetsane (Director of Public Prosecutions); 
Advocate N.A.M Fanana (Lecturer at the National University of 
Lesotho), and Advocate Kananelo Mosito (Acting Judge of the High 
Court and former private practicing lawyer). 
 
¶6.  The lawyers believe that Thetsane and Fanana do not meet the 
stipulated criteria.  The Law Society's letter states that 
Thetsane cannot be considered to be a practicing lawyer as he 
"exercises his powers through delegation to subordinate law 
officers and in the main he instructs counsel from South 
Africa."  The letter goes on to state that Thetsane's appearance 
in court has been minimal.  The Law Society also argues that 
Fanana has not been practicing as an advocate for a period of 
fifteen years and therefore she cannot be considered to have 
rendered a significant service.  In the local press, many 
lawyers expressed shock and disappointment at the two 
nominations while others warned that their profession is taking 
a tumble. 
 
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MASERU 00000153  002.2 OF 002 
 
 
Comment 
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¶7.  Tensions between the Lesotho Law Society and the office of 
the Chief Justice have been simmering for a long time.  The 
letter of dissatisfaction regarding the nominations is the 
second incident in this continuing chain of events.  At this 
stage, both sides appear to be intransigent.  How the judiciary 
weathers these challenges by the Law Society will be an 
indication of the strength and integrity of Lesotho's justice 
system. 
NOLAN