Public trust in Lesotho’s justice system continues to decline as many Basotho increasingly feel that the courts are too expensive, too slow and unfairly influenced by powerful people.
A new Afrobarometer survey has painted a worrying picture of a justice system that many citizens no longer fully trust to deliver fair outcomes. The findings show that while Basotho still strongly believe in the rule of law, confidence in the courts has steadily weakened over the past decade.
Only 48% of citizens said they are confident that ordinary people can obtain justice through the courts. Of these, only 16% said they are “very confident” while 32% said they are “somewhat confident”.
On the other hand, 19% said they are “not very confident” and 31% said they are “not confident at all”.
The findings suggest that nearly half of the population has little or no faith in the courts’ ability to provide justice.
The survey points to several reasons behind the declining trust, including the high cost of litigation, perceptions of corruption among judges and magistrates, delays in court processes and the belief that the law favours the rich and politically connected.
For many people, the biggest obstacle is affordability. Only 33% of respondents said they believe they could afford to take a matter to court if necessary. Although 56% believe a case could be resolved fairly and 42% believe it could be resolved within a reasonable time, the costs involved remain a major barrier.
Opening a file at a private law firm costs an average of M2,500, although prices differ between lawyers. Beyond that, clients are often required to pay consultation fees, retainers, court appearance fees, drafting costs, filing fees and transport expenses for witnesses or experts.
For many households already struggling with poverty and unemployment, these expenses make the formal justice system almost impossible to access.
The survey found that while 56% of Basotho believe they could access legal advice or support, only 30% believe they could actually afford such services. About 64% said they cannot afford legal assistance.
The burden falls hardest on poor and rural communities.
Among people experiencing high levels of poverty, 70% said they cannot afford court costs while 67% said they cannot afford legal support. Women were also more likely to report financial difficulties in accessing justice, with 67% saying court processes are unaffordable compared to 56% of men.
About 65% of rural residents also said court costs are beyond their reach. Although legal aid services exist to help poor citizens, the programme continues to face criticism for being underfunded and overstretched.
Depending on one’s financial circumstances, some legal aid beneficiaries pay M600 while others pay up to M3,000 through instalments. However, public awareness about the programme remains very low.
Only 23% of Basotho said they are aware of legal aid services in their communities. Awareness is even lower among rural residents at 20% and citizens above the age of 55 at 19%.
This lack of awareness means many people who qualify for legal aid may never benefit from it. As confidence in formal courts weakens, many Basotho are instead turning to traditional leaders and customary courts to settle disputes.
The survey found that 66% of respondents would prefer to resolve a legal dispute through a chief or traditional court. Only 19% said they would go to the police while a mere 2% would choose a local court.
Support for traditional dispute resolution is particularly strong in rural areas, where 71% of respondents preferred chiefs over formal courts.
The findings suggest that traditional leaders are increasingly filling the gap left by a justice system that many people see as expensive and inaccessible.
At the same time, public trust in the judiciary has continued to decline since 2014.
According to the survey, only 49% of Basotho now trust the courts “somewhat” or “a lot”, while 47% express little or no trust in the judiciary. This represents a 17% decline in trust over the past decade.
Interestingly, trust levels differ across groups.
Rural residents appear to have more trust in the courts, standing at 56%, compared to urban residents at only 39%. Citizens with higher education levels are also more skeptical. Only 26% of respondents with post-secondary education said they trust the judiciary.
The survey also highlights growing fears about corruption within the justice system.
About 28% of Basotho believe that most or all judges and magistrates are corrupt, while 46% believe at least some are corrupt. Only 14% said they believe there is no corruption in the judiciary.
Even more concerning is that perceptions of widespread corruption among judges and magistrates have increased by 12% since 2014.
Urban residents and highly educated citizens were more likely to believe that corruption exists within the courts.
Many respondents also believe the law is not applied equally.
About 65% said people are often or always treated unequally under the law. Meanwhile, 67% said officials who commit crimes frequently escape punishment while only 36% said ordinary citizens who commit crimes go unpunished.
The findings reinforce a growing public perception that powerful individuals are protected while ordinary citizens face harsher treatment.
About 58% of respondents believe judges and magistrates often decide cases based on the wishes of influential people rather than the law itself.
Many Basotho also believe punishments differ depending on a person’s social status.
Around 75% said punishments for powerful people are too lenient, while only 14% said ordinary citizens receive lenient punishment. About 51% believe punishments for ordinary citizens are too harsh.
Despite these frustrations, Basotho still strongly support the principle of the rule of law.
About 82% said the prime minister must obey the law and court decisions even if he disagrees with them. The same percentage strongly supported the broader principle of the rule of law, while 62% said Parliament should hold the prime minister accountable for public funds.
However, many citizens doubt whether these principles are respected in practice.
The survey also explored public views on capital punishment.
About 58% of respondents supported the death penalty for serious crimes such as murder while 40% said it can never be justified.
Support for capital punishment was strongest among women, urban residents and senior citizens.
Although the death penalty remains legal in Lesotho, the last execution took place in 1995.
The findings come at a time when justice sector reforms remain slow.
Parliament passed the 10th Amendment last year as part of broader institutional reforms aimed at strengthening the independence and credibility of public institutions. However, regulations needed to implement the reforms have still not been drafted by the responsible ministries.
The reforms are intended to improve accountability and reduce political interference in institutions, including the judiciary.
Concerns over judicial independence have become more pronounced in recent years, especially regarding how senior officials in public institutions are appointed.
Observers say meaningful reforms will require strong political commitment if public trust is to be restored.
While opening the judicial year in February this year, Chief Justice Sakoane Sakoane acknowledged the importance of protecting the judiciary’s integrity.
“Judicial independence and accountability are non-negotiable.”
He stressed that judges must be free to decide cases without political pressure, economic influence or pressure from public opinion.
Although he did not directly address the growing cost of litigation, his remarks highlighted the need for a justice system that is independent, efficient and accountable to the public.
The Chief Justice also warned that delays in delivering judgments damage public confidence in the courts.
He said accountability must go hand in hand with judicial independence and that litigants deserve judgments that are clear, timely and well reasoned. According to him, disciplinary measures are sometimes necessary to protect the integrity and reputation of the judiciary.
Summary
- The findings show that while Basotho still strongly believe in the rule of law, confidence in the courts has steadily weakened over the past decade.
- The survey points to several reasons behind the declining trust, including the high cost of litigation, perceptions of corruption among judges and magistrates, delays in court processes and the belief that the law favours the rich and politically connected.
- According to the survey, only 49% of Basotho now trust the courts “somewhat” or “a lot”, while 47% express little or no trust in the judiciary.
Thoboloko Ntšonyane is a dedicated journalist who has contributed to various publications. He focuses on parliament, climate change, human rights, sexual and reproductive health rights (SRHR), health, business and court reports. His work inspires change, triggers dialogue and also promote transparency in a society.
