Mr Mphaka said if any of the three governance pillars is weak, none of the other two will function well, hence, a country’s economy suffers and weakens.
His comments come at the back of a bitter wrangle within the country’s justice system which has left the Commercial Court without a single judge to date.
This, after the court’s only two judges, Justices Lebohang Molete and Lisebo Chaka-Makhooane died one after the other earlier this year, leaving a vacuum in an already distressed bench due to lack of judges.
Justice Molete, a specialist in commercial law died on his way to hospital in July after he suffered a stroke. Justice Chaka-Makhooane passed on barely a month later following a short illness.
A few weeks ago, the Judicial Service Commission (JSC) in its sitting recommended names of potential judges and submitted the list to His Majesty King Letsie III for appointment as per the law.
But the move miscarried with government subsequently coming forward to suggest that the JSC’s sitting did not have its blessing, shooting down its recommended candidates.
The Minister of Law and Justice Professsor Nqosa Mahao said both the ministry and government were not made aware of the sitting which led to the recommendations.
Responding to Prof Mahao’s sentiments, the Registrar of the High Court and the Appeal Court Registrar, Advocate ’Mathato Sekoai said the JSC did not contravene any law by recommending judges for appointment.
“As it stands, there are still no judges at the Commercial Court and that is detrimental to the delivery of justice,” Adv Sekoai said.
She added: “This has caused a serious inconvenience at the Commercial Court because cases are recorded and filed each and every day without being attended to. Such cases would be attended to if there were judges in that court but now the opposite is true.
“At this point I cannot even predict as to when judges will be appointed because we cannot rush the King to approve such appointments,” she told Metro this week.
The delay in appointment of judges has been described as detrimental to the country’s economy by Mr Mphana with his sentiments implying that Lesotho does not take the Commercial Court seriously.