The CMJA General Assembly expressed their deep concern
that the Chief Justice of Lesotho was suspended from office whilst
attending the Chief Justices Meeting and 18TH CMJA Triennial Conference
attended by over 40 Chief Justices and 400 judicial officers of all
levels in Brisbane, Australia. The General Assembly was particularly
concerned as two interim court orders prevented the Prime Minister from
proceeding with any suspension pending the finalisation of the
constitutional challenges filed by the Chief Justice.
An independent and impartial judiciary is essential to ensure the rule
of law. By virtue of its membership of the Commonwealth, Lesotho is
committed to the shared fundamental values and principles of the
Commonwealth, at the core of which is a shared belief in, and adherence
to, democratic principles including an independent and impartial
judiciary. Any measure on the part of the Executive which is capable of
being seen as eroding the independence and impartiality of the
judiciary is a matter of serious concern and will erode public
confidence in the legal system as a whole.
The Commonwealth (Latimer House) Principles on the Accountability of
and the Relationship between the Three Branches of Government (2003),
which form part of the Commonwealth fundamental values state that
disciplinary proceedings which might lead to the removal of a judicial
officer should include appropriate safeguards to ensure fairness and
due process. Furthermore these Principles require that judges should be
subject to suspension or removal only for
reasons of proven incapacity or misbehaviour that clearly renders them
unfit to discharge their duties. The Association urge the Government of
Lesotho to abide by the constitutional provisions, natural justice and
due process in relation to the Chief Justice of Lesotho. In particular
the Government of Lesotho is urged to respect by the provisions in the
Commonwealth (Latimer House) Principles which govern the relationship
between the three branches of government and are a cornerstone of the
Commonwealth values
The Commonwealth Magistrates’ and Judges’ Association
13 September 2018
The
Commonwealth Magistrates’ and Judges’
Association is a not for profit organisation, registered in the
UK, whose aims are to promote judicial independence, advance education
in the law, the administration of justice the treatment of offenders
and the prevention of crime in the Commonwealth. It brings together
judicial officers of all ranks from all parts of Commonwealth and
provides a forum for the promotion of the highest judicial standards at
all levels.
Website: www.cmja.org