Maseru, Nov.25—-Justice ‘Maseforo Mahase has filed an application before the High Court challenging the lawfulness of her suspension which commenced on November 04 2025.
Prior to the suspension, a tribunal was appointed in terms of section 121 (5) of the Constitution and Justice Mankhambira Charles Ching’anyi Mkandawire was appointed as chairperson while Justice Sylvester Salufi Mainga and Justice David Mangota were appointed as members.
The tribunal is tasked to investigate, inquire and determine the question of removing Justice Mahase and make recommendations to the king as to whether or not she ought to be removed from office.
Justice Mahase is accused of delay in delivery of judgements thus reflecting misbehaviour which warrants referral to the tribunal and by necessary implication, suspension.
She has in the court papers argued that the gazetted tribunal was formed without disclosed criteria, verified qualifications or her input.
“The tribunal’s selection occurred without my knowledge or input, leaving me unaware of the member’s identities, backgrounds or origins”, she said.
“The rules of natural justice dictate that fairness requires the affected party to know the composition of the tribunal in advance and to have an opportunity to confirm or challenge their qualifications and impartiality”, she emphasised.
She pointed out that she has a reasonable belief that the tribunal will not adjudicate her matter fairly, invoking the doctrine of fair hearing, which guarantees an independent and impartial determination of rights…
SM/BM
