THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN
CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE
AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
In Security Lesotho v Moepa, 29 the High Court struck down a provision of the
Labour Code Order which restricted right to legal representation in the Labour Court
only when all the parties agreed to legal representation. The Court held the
impugned provision to be inconsistent with Section 12(8) of the Constitution.
In Zaly v Prime Minister, 30 the High Court in its constitutional jurisdiction struck the
provision of the Codes of Good Practice under the Public Service Act. The provision
denied complete legal representation in disciplinary matters regardless of the gravity
and complexity of the matter. The Court held that this provision is inconsistent with
Section 12(8) of the Constitution.
Administrative measures
66. The Legal Aid Act establishes office of the Legal Aid Counsel whose mandate is to provide
legal assistance, including representation in criminal cases, for indigent people who
cannot afford legal fees.
67. The government also pays fees to cover some costs of legal practitioners who provide pro
deo legal representation to suspects of capital offences such as murder.
68. The government of Lesotho also supports academic and professional institutions as well
as Civil Society Organisations such as the National University of Lesotho Legal Aid
Clinic (NULLAC), Federation of Women Lawyers (FIDA) and Women and Law in
Southern Africa (WILSA) which provide legal aid to indigent people.
Challenges
69. Challenges which hamper full implementation of the right to fair trial in Lesotho are:
29
30
Security Lesotho v Moepa [2015] LSHC 11.
Zaly v Prime Minister Constitutional Case No. 15/2013.
33