In their own words …
Sluggish counsel taken to task
AG v Registrar of the High Court & Ors High Court, Lesotho
Judge Charles Hungwe
Judge Charles Hungwe of Zimbabwe has agreed to hear some high-profile and politically-charged criminal cases in Lesotho. In a recent application preliminary to the start of the actual trial, he took the occasion to point out certain shortcomings in the behaviour of local counsel and to indicate that he would not let this continue under his watch.
As has become the norm with legal practitioners in this court, the timelines were neglected.
I must take this opportunity to state that the time has come for this court to take a firm grip of the proceedings and get these matters back on the rails. A party to litigation is bound by the conduct of his or her legal practitioner. A party whose legal practitioner is (a) sluggard bears the consequences of such conduct. Counsels are advised to heed this advice. The proceedings will follow agreed timelines henceforth.
Avoiding perception of judicial incompetence & waste: a proper means test
AG v Registrar of the High Court & Ors High Court, Lesotho
Judge Charles Hungwe
In this part of his decision, Judge Hungwe questioned the way the registrar of the high court in Maseru had granted pro deo legal help to the many accused, without going through the proper process. It could lead to allegations that judges were wasteful of public money if the process was not conducted properly, he warned.
Usually, in other jurisdictions in the region, a means test inquiry is antecedent to the grant of an application for pro deo legal assistance. An applicant for pro deo … is required to complete a form outlining his or her monthly income and expenditure. An assessment of eligibility is then made. The expenses are funded by public funds. Transparency in how these funds are disbursed is of fundamental importance if a perception of profligacy or incompetence by the judiciary or its officers is to be avoided.
*Newsletter, Judicial Institute for African (Jifa), 20 September 2019
