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May 30, 2018

2 min read

Removal of Chief Justice irks Commonwealth lawyers

Removal of Chief Justice irks Commonwealth lawyers

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MASERU - The Commonwealth Lawyers Association (CLA) and the Commonwealth Legal Education Association (CLEA) as well as the Commonwealth Magistrate's and Judges Association have issued a statement in which they expressed their concern regarding the government’s plan to remove Chief Justice Nthomeng Majara. The associations say they are aware of the government of Lesotho's plan to remove Justice Majara for alleged misconduct as head of the High Court and in her capacity as Chairperson of the Judicial Services Commission in Lesotho. “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, demonstrate 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,” said the joint statement released by the associations. The associations urge the government of Lesotho to abide by the constitutional provisions, natural justice, and due process in order to safeguard the independence of the judiciary and also to respect the provisions in the Commonwealth (Larimer House) Principles which govern the relationship between the three branches of government which are a cornerstone of the Commonwealth values. The Commonwealth (Larimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (2003), which form part of the Commonwealth fundamental values, according to the associations, state that disciplinary proceedings which might lead to the removal of a judicial officer should include appropriate safeguards to ensure fairness that is to say, the right to be fully informed of the charges against them, to be represented at a hearing, to make a full defence and to be judged by an independent and impartial tribunal. According to the associations, these principles require the judges to be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly renders them unfit to discharge their duties. They say they support the statement of the Southern African Chief Justices Forum of May 7, 2018 which also addressed the same issue and also indicate that an independent and impartial judiciary is essential to ensure the rule of law. CLA is an international non-profit organisation which exists to promote and maintain the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession, with the highest standards of ethics and integrity, serves the people of the Commonwealth. Lena

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