On 4 November 2025, the Registrar of the High Court, Adv. Mathato Sekoai, issued High Court Circular No. 10 of 2025, formally suspending Justice ’Maseforo Mahase from performing her judicial duties. The suspension stems from Legal Notice No. 146 of 2025, in which His Majesty King Letsie III, acting on the advice of the Chief Justice, appointed a Tribunal under section 121(5) of the Constitution to inquire whether Justice Mahase should be removed from office.
The Tribunal, effective 13 October 2025, is chaired by Justice Mankhambira Charles Ching’anyi Mkandawire, with Justice Sylvester Salufi Mainga and Justice David Mangota as members. It is mandated to investigate the allegations and make recommendations to the King within eight weeks, unless an extension is prescribed.
While such constitutional mechanisms are not unprecedented, the suspension of a sitting judge, particularly a senior figure like Justice Mahase, raises important questions about judicial independence, institutional accountability, and business confidence in Lesotho’s legal system.
Section 121(5) of Lesotho’s Constitution provides that where the question of removing a judge arises, the King shall appoint a tribunal to investigate and report on the matter. Once the tribunal is established, the judge concerned is automatically suspended from office pending its outcome.
This safeguard was designed to protect judicial integrity while preventing interference in the administration of justice. However, when invoked, it inevitably affects perceptions of judicial stability and the continuity of court operations, factors that directly influence business and investor confidence in the rule of law.
For the private sector, the judiciary is not an abstract institution; it is the ultimate guarantor of contract enforcement, creditor protection, and dispute resolution. When a senior judge is suspended and a tribunal is convened, the ripple effects are felt beyond the courtroom:
- Delays in pending litigation: Matters previously allocated to the suspended judge may need reassignment, creating backlogs.
- Uncertainty in commercial enforcement: Businesses awaiting rulings on contracts, insolvency, or arbitration confirmations could experience procedural delays.
- Perceived institutional instability: Investors and financial institutions closely monitor judicial developments as a barometer of governance risk.
- Increased reliance on alternative dispute mechanisms: Parties may prefer arbitration or cross-border jurisdiction clauses until stability is restored.
Lesotho’s judiciary has previously faced scrutiny regarding internal governance and executive influence. The establishment of an independent tribunal signals that constitutional checks and balances are operational, but it also highlights the fragility of judicial confidence.
A transparent inquiry and a timely, well-reasoned report will be crucial for restoring faith in the justice system. For corporate stakeholders, the process represents both a stress test of institutional resilience and a reminder that governance standards apply equally to public and private bodies.
Businesses operating in Lesotho should take several proactive steps while the tribunal proceeds:
- Monitor Judicial Timelines – Track High Court scheduling and confirm whether any of your ongoing matters may be re-allocated or delayed.
- Review Dispute-Resolution Clauses – Ensure that contracts provide for arbitration, mediation, or alternate forums should judicial delays occur.
- Preserve Evidence and Compliance Records – In times of institutional uncertainty, documentation becomes the cornerstone of legal protection.
The tribunal has up to eight weeks from 13 October 2025 to submit its report to His Majesty. Whatever the outcome, the process will shape public perception of the judiciary and influence how future judicial accountability measures are handled.
For now, corporate actors should remain calm but alert. Institutional transparency is essential for long-term investor confidence, and businesses that stay informed and legally prepared, will weather such transitions with minimal disruption.