LAWYER CHALLENGES RULES

Maseru, Nov. 27 — Advocate Lemohang Nzuzi has instituted legal proceedings before the High Court sitting as a Constitutional Court, requesting that the Civil Litigation Rules 2024 be declared unconstitutional and invalid.

He alleges that the rules introduce judicial case management exclusively in the superior courts, thereby undermining the impartial character of justice and violating section 12 of the Constitution.He argues that they have introduced a procedural regime that does not only offends the Constitution, but also undermines access to justice and distorts the impartial character of the courts.

The applicant further argues that they repeal prior rules that sought to establish a Constitutional Court without enabling legislation perpetuating procedural irregularity. He adds that they entrench judicial discretion without adequate accountability mechanisms, contrary to the rule of law and separation of powers. He further adds that they operate retrospectively, imposing procedural burdens on matters instituted prior to their promulgation in violation of legal certainty and legitimate expectations.

He requested the court to suspend the application of the Rules pending remedial legislative action. He further requested an order directing the Chief Justice of Lesotho and the Law Society of Lesotho, who are the respondents in the matter, to engage in consultative reform processes that align procedural rules with constitutional guarantees.