MASERU – The besieged Chief Justice (CJ) Mthomeng Majara who received a barrage of attacks and accusations from different angles of ‘supporters’ of the ruling coalition government, the media and some government officials, has finally broken her silence and hit back. The government has also signalled its intention to oust CJ Majara from office for not being cooperative. After being silent even after a chorus from the opposition members and some senior lawyers who came out in her defence, CJ Majara confirmed she was approached with a proposal for her to voluntarily resign. According to the opposition parties and some senior lawyers the government wants CJ Majara out because she does not align herself with the government’s mission of securing foreign judges to come and preside over some high profile cases involving members of the army who are currently detained at the Lesotho Correctional Services (LCS). According to the CJ’s founding affidavit filed before court in a case she is challenging the government’s plan to oust her, she wants the court to prevent the Prime Minister from doing that, and reveals that she has been approached by several ministers acting on behalf of the government, asking her to resign from her position. She said she was in November 2017 approached by former minister of Justice and Correctional Services, Dr. Mahali Phamotse, requesting her to resign because the government did not want to work with her any longer. She revealed that she told the minister that the government did not have to like her and that what was required of her as the CJ was to discharge her constitutional mandate and comply with other laws of the country, and furthermore, her services were not at the pleasure of any politician or political orientation. The CJ explained that she eventually agreed to negotiate following the same minister’s “threats” that she would not win the fight with the government as they would do everything in their power to make life difficult for her and by the time they are done with her, she would be finished and no one would even want to deal with her professionally. She explains that she was under tremendous pressure as not only Dr. Phamotse advised her to negotiate her way out of office, but also the Minister of Water, Mr. Samonyane Ntsekele, as well as the Principal Secretary of the Ministry of Correctional Services, Miss Lebohang Mochaba. She said they made her feel under extreme pressure, particularly because they constantly made it clear that if she did not vacate office, she would be removed and possibly lose out on her terminal benefits. Despite her other discussions with Dr. Phamotse on December 9, 2017, the CJ explained that the Minister of Law and Constitutional Affairs, Mr. Lebohang Hlaele made a public statement before a group of marchers who described themselves as “Hands off Mosito Campaigners” in which he accused and threatened her that she must resign upon her arrival in the country or face impeachment, further alleging that she had refused to swear in Dr. Kananelo Mosito as the President of the Court of Appeal. The CJ’s founding affidavit also reveals that, recently, the government initiated efforts to recruit foreign judges without following the constitution and that she warned them that the constitution did not support their conduct as recruitment of judges falls within the mandate of the Judicial Service Commission (JSC) and not the Executive arm of the state while advising them to leave the issue of recruitment with the JSC. She explains that her advice to the executive resulted in the defence counsel representing persons in high profile cases informing her during their meeting with the office of the Director of Public Prosecutions (DPP) that they will vigorously object to the appointment of such judges and that she relayed their concerns to the government, through the Minister of Justice. She says she suspects that the above issues, particularly the position of the judges of the High Court not to swear in Dr. Kananelo Mosito as President of the Court of Appeal after four prominent lawyers challenged his appointment in constitutional case number 16/2017, have caused the government to seek to remove her from office at all costs. The Constitutional Court, which was presided by three foreign judges, has declared the appointment of Dr. Mosito as unconstitutional and unlawful. Nevertheless, Dr. Mosito and Prime Minister Thomas Thabane have since lodged an appeal which is still pending resolution in the Court of Appeal. Madam CJ Majara now wants, among others, the court to grant her urgent and interim reliefs against the Minister of Law and Constitutional Affairs and the Attorney General and interdict and prevent them from taking any measures against her in accordance with the constitution, pending finalisation of these proceedings. The CJ also wants the court to order that the Prime Minister be prevented and interdicted from recommending to His Majesty King Letsie III her suspension in terms of Section 121 (7) of the Constitution, pending finalisation of these proceedings. And furthermore, that Prime Minister be prevented and interdicted from recommending to His Majesty the appointment of the tribunal contemplated in Section 121 (5) of the Constitution pending finalisation of these proceedings. With regard to the final reliefs, the CJ wants the court to declare that the government, under the supervision of Prime Minister Thabane, has contravened the provisions of Section 118 (2) and (3) of the Constitution by requiring and or demanding her resignation as CJ of the Kingdom of Lesotho. Lena