The attempt by All Basotho Convention (ABC) proportional representation (PR) MP, Montoeli Masoetsa, to table a motion seeking improved salaries and incentives for judges has been blocked by Speaker of the National Assembly, Tlohang Sekhamane.
Masoetsa’s motion proposed that judges’ remuneration be enhanced to attract senior lawyers and top legal minds to the bench. He argued that many experienced legal practitioners avoid applying for judgeships because they earn significantly more in private practice.
Currently, judges’ salaries are statutory under the High Court Act of 1978, and they earn the same as ministers and the Speaker of the National Assembly. Calls to review judicial remuneration are not new; in 2010, retired Judge Semapo Peete told the International Commission of Jurists (ICJ) that better pay would attract and retain competent judicial officers, thereby strengthening the judiciary.
Sekhamane declined Masoetsa’s request, citing Standing Orders which prohibit motions with direct financial implications unless introduced by a Minister on behalf of Cabinet.
“Upon examination of this Motion, I find that it has direct and indisputable financial implications. A bill that provides for the remuneration of judges will unquestionably entail budgeting for that purpose,” the Speaker ruled.
He added: “Your Motion has thus not been approved because it directly breaches Standing Order No. 20 (1)(b).”
That provision bars motions which would impose or alter taxation, increase charges on the Consolidated Fund, or authorise payments from public funds without Cabinet’s recommendation.
Masoetsa contested the ruling, claiming unfair treatment. He argued that another motion with financial implications had previously been allowed in parliament, moved by Itumeleng Rantsho, MP for Likotsi No.36.
Rantsho’s motion urged government to implement the Performance Management Policy, including incentives for civil servants who excel in their duties. Cabinet adopted the policy last year, providing guidelines for rewarding high-performing civil servants.
“The wage bill is higher, the performance system is slow. How will this country advance if we don’t give a chance to committed civil servants to stand out?” Rantsho said when motivating his motion.
Masoetsa insisted that if Rantsho’s motion, which potentially affects thousands of civil servants, was permitted, his own, limited to judges, should have been allowed.
But Sekhamane dismissed the comparison, ruling that Rantsho’s motion did not carry direct financial implications since rewards could take non-monetary forms such as time off.
Summary
- The attempt by All Basotho Convention (ABC) proportional representation (PR) MP, Montoeli Masoetsa, to table a motion seeking improved salaries and incentives for judges has been blocked by Speaker of the National Assembly, Tlohang Sekhamane.
- Currently, judges’ salaries are statutory under the High Court Act of 1978, and they earn the same as ministers and the Speaker of the National Assembly.
- A bill that provides for the remuneration of judges will unquestionably entail budgeting for that purpose,” the Speaker ruled.
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.
