Lehlohonolo Motšoari
The Law Society of Lesotho (LSL) has unveiled plans this week for a new in-house Legal Aid Unit dedicated to providing essential legal assistance and representation to disadvantaged and vulnerable groups across the country.
According to LSL President Advocate Lintle Tuke, the initiative aims to bridge existing gaps in access to justice, advocate for human rights, and provide critical support to victims of gender-based violence among other crucial services.
“This unit underscores the Law Society’s commitment to upholding the rule of law, fulfilling our constitutional mandate, and promoting justice and equity within society,” said Tuke.
He clarified that the initiative was designed to complement existing efforts by the government’s legal aid services, the Legal Clinic of the Faculty of Law at the National University of Lesotho (NUL), and various NGOs.
Tuke highlighted the significant barriers many Basotho face in accessing legal representation due to financial constraints, lack of awareness, and geographic isolation, particularly affecting vulnerable groups such as women, children, and victims of discrimination.
“While existing initiatives provide some relief, there remains a critical need for a dedicated unit with the authority to appear in court and provide comprehensive legal services,” Tuke stated. “The Legal Aid Unit under the Law Society of Lesotho will fill this gap by offering direct representation and advocacy.”
Detailing the unit’s objectives, Tuke outlined its role in improving access to justice through free or low-cost legal representation for economically disadvantaged individuals and facilitating legal advice and court representation for marginalised groups.
Additionally, the unit will actively advocate for human rights, engage in public interest litigation, and offer specialized legal assistance to victims of gender-based violence.
“To bolster legal education and awareness, the unit will conduct literacy programs, collaborate with educational institutions, and provide consultations in underserved areas,” Tuke explained. “It will also drive legal reforms and forge partnerships with law schools to support internships and pro bono services.”
The Legal Aid Unit will offer services spanning civil cases including family law, property disputes, consumer rights, and employment issues, as well as criminal cases and human rights advocacy.
“The establishment of this unit marks a pivotal step towards ensuring justice for all, particularly for disadvantaged and vulnerable populations,” remarked Tuke. “With robust structure, funding, and partnerships, the Law Society is poised to significantly impact Lesotho’s legal landscape and achieve its objectives.”
He further explained that according to the law, only four categories of lawyers were authorised to represent clients in court: “attorneys (from attorney law firms), advocates from their chambers, law officers (government lawyers) representing the government, and lawyers from parastatals.”
“The company can seek legal advice from their internal legal team, but for representation in court, they must engage an attorney who will appoint an advocate to present their case,” he asserted.
He clarified that this provision also applies to NGOs: “Even if an NGO employs a lawyer within its organisation, that lawyer can only provide legal advice and cannot represent the organisation in court.”
He commended the Transformation Resource Center (TRC) for adhering to these legal constraints: “Despite TRC frequently filing cases in court, I have not seen any lawyer from TRC representing the organisation in court.”
Tuke emphasized that these restrictions were mandated by the Law Society Act of 1983.
“We have discovered that some NGOs are operating as disguised law firms or chambers, thereby exploiting Basotho,” he stated. “It is disappointing to learn that despite their role in assisting less privileged Basotho who may struggle to afford legal representation, they charge fees comparable to those of law firms and chambers.”
“We have evidence indicating that they claim to represent disadvantaged Basotho while representing managers of companies who can afford to pay,” Tuke stressed.
