MASERU – Hundreds of inmates who are awaiting trial in Lesotho prisons might soon walk out of jail free men as soon as a decision by the judiciary to dismiss cases lacking prosecution or pending investigation is put into effect.
news
Aug. 22, 2019
KABELO MASOABI
2 min read
Hundreds of inmates to be freed
Lesotho Correctional Services
Chief Magistrate ’Matankiso Nthunya this week announced that over 5 000 cases which were gathering dust in the shelves in their offices would soon be struck off the roll.
Other inmates who are eligible for early release according to Chief Magistrate Nthunya include those who have been in custody for an unreasonable long time as well as those whose cases pend directives from the Director of Public Prosecutions (DPP).
The Chief Magistrate in charge of the central region said the resolution followed a directive by the Acting Chief Justice ’Maseforo Mahase also echoed a similar concern over a backlog of cases in the courts of law. Some of the cases, which the Acting Chief Justice said pended thorough investigations, dated as far back as a decade ago. But Chief Magistrate Nthunya said there were exceptional cases under their belt to be put in the system and observed.
She was, however, quick to note that cases already referred to the High Court would not be affected by the development. “We recently visited the Maseru prison and discovered inmates who have been attending court remands for over eight years without being prosecuted, their cases pend police investigations. Practices like these have painted a gloomy picture on the magistrates receiving a largely criticism from the public for dragging their feet, as the latter is not familiar with judicial procedures followed for a case to reach completion,” she explained.
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The decision, she said, followed the magistrate’s monthly justice sector meetings and was a resolution to re-organise the administration of the judiciary system, expected to offer a fair trial to everybody.
“For example, when you have kept someone in prison for eight years and ultimately find that the person is not guilty, how do you compensate them for that time?” she asked.
She added: “It is for this reason and others that Magistrate’s courts will not tolerate mishaps of such nature anymore. We shall throw back incomplete cases to investigating officers and prosecutors who chose not to do their job appropriately,” she warned. She said she was however aware the decision was not going to sit well with the victims of the cases involved.
But she showed that the move was aimed at protecting the integrity of the courts and to speed up the justice system wherein the police, the prosecutors and the courts are supposed to follow ethics that guide them.“It is not the duty of the courts to investigate criminal cases nor prosecute them but to adjudicate justice,” she also said.
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