The High Court has struck from the urgent roll the high-profile case in which suspended Judge sought to halt her suspension and stop a tribunal from investigating her fitness to remain on the bench.
Acting Judge Sekake Malebanye dismissed the urgency this week, finding that Judge Mahase had failed to file the application with the speed required for matters of this nature. The court held that she did not move the application immediately after learning of her suspension and therefore could not later claim urgency.
Her lawyer, Advocate Katiso Nhlapo, argued that the delay was due to consultations and the need to brief her legal team. The explanation was rejected.
Representing the Chief Justice, Advocate Rudie Cronje countered that Judge Mahase had been afforded an opportunity to be heard before the suspension was effected. He insisted that the case raises constitutional issues that “cannot be rushed,” adding that “the facts are against the applicant.”
On November 7, the Registrar of the High Court, advocate ’Mathato Sekoai, issued a circular notifying the judiciary that Judge Mahase had been suspended with effect from November 4.
She faces serious allegations that may have compromised her professional conduct. These include assigning to herself matters in which she allegedly had a personal interest; and failing to deliver judgments within the 90-day period prescribed by the High Court rules issued by the Chief Justice in 2023.
Chief Justice Sakoane Sakoane subsequently suspended her and recommended that a tribunal be established to inquire into her conduct.
His Majesty King Letsie III has appointed a tribunal under Section 121(5) of the Constitution to investigate whether Judge Mahase should be removed from office. The tribunal comprises international judges, Justice Mankhambira Charles (Chairperson), Justice Sylvester Mainga and Justice David Mangota.
Their appointment took effect on October 13, 2025, as published in Gazette Vol. 70, No. 88. It remains unclear when the tribunal will begin its work. However, the court challenge filed by Judge Mahase is expected to have a direct bearing on its progress and may stall its commencement.
In her papers, Judge Mahase argues that she was suspended without prior notice and without being informed of the allegations against her. She claims she was denied the right to be heard, violating principles of natural justice and undermining judicial independence.
She is challenging the constitutionality and lawfulness of her suspension; and the legality and impartiality of the tribunal appointed to investigate her.
This is not the first time Judge Mahase has faced possible impeachment proceedings. In 2019, while serving as Acting Chief Justice, there were attempts to establish a tribunal against her, though it never materialised.
Then Minister of Law and Justice, Lebohang Hlaele, accused her of bias. In an affidavit, Hlaele alleged that she had colluded with then Prime Minister Motsoahae Thabane in a manner that threatened the integrity of the Court of Appeal. He wanted her recused from cases involving him during tensions within the All Basotho Convention (ABC).
Lesotho has a history of judicial controversies that ended before tribunals could be completed. Former Court of Appeal President Judge Michael Ramodibedi resigned in 2014 before impeachment proceedings commenced. Judge Keketso Moahloli resigned in 2023 before a tribunal could begin its inquiry.
If the tribunal ultimately finds against her, Judge Mahase would become the first judge in Lesotho to be impeached, a dramatic fall after more than three decades in the legal profession.
The constitutional case challenging her suspension is yet to be allocated a hearing date or a panel of judges. Until then, both the tribunal and the judiciary remain in a holding pattern as the unprecedented matter continues to unfold.
Summary
- The High Court has struck from the urgent roll the high-profile case in which suspended Judge sought to halt her suspension and stop a tribunal from investigating her fitness to remain on the bench.
- In an affidavit, Hlaele alleged that she had colluded with then Prime Minister Motsoahae Thabane in a manner that threatened the integrity of the Court of Appeal.
- If the tribunal ultimately finds against her, Judge Mahase would become the first judge in Lesotho to be impeached, a dramatic fall after more than three decades in the legal profession.
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.
