Maseru, Feb. 15 — The Ministry of Justice and Law Principal Secretary (PS), Mr. Lira Ralebese says time barring provisions from Prescription Act of 1861 do not address issues of limitation periods sufficiently, thereby infringing claimants’ rights one way or the other.
The PS said this at a one day validation workshop held in Thaba-Bosiu on Thursday. He was officiating on behalf of Justice Minister, Mr. Richard Ramoeletsi.
According to Mr. Ralebese, the purpose of today is to enable stakeholders evaluate the proposed Prescription Law Bill so that their views are incorporated before final submission to Parliament.
He alluded that the Prescription Act solely provides for prescription periods in claims relating to liquid debts and contracts while leaving behind delictual claims.
Therefore, PS Ralebese said Lesotho being a signatory to international treaties upholding democracy and the rule of law, they have found it necessary through support of the Law Reform Counsel to establish a working committee which worked on the areas of the prescription, where intensive research ought to be made.
“We are hopeful that after today, meaningful contributions which will improve provisions of the Bill to fully eradicate uncertainties surrounding the subject of prescription would be made,” he stressed.
In the same note, Advocate Puleng Rammolai, Head of Law Reform Council reiterated that through their indepth research, they have discovered the need to work on the enactment of the new prescription so as to update the statutes books and meet the demand of today.
“The existing prescriptions violate the rights of other human beings to some extent, needing our attention in order to uphold the rule of law going forward,” she stressed.
Similarly, Consultants to this exercise, Advocate Kelepa Kabelo of Ndebele Attorneys, mentioned that review of the Prescription Act seeks to eliminate state claims so that the government should not answer claims made centuries ago.
On one hand, he said while the plaintiff requires closure in claims, the defendant on the other hand wants to determine his or her fate, as such, the existing law must be repealed while a new one is enacted.
The Agency has established that today’s gathering comes after the Law Reform Counsel reviewed Lesotho Laws that have provisions Laws such as Prescription Laws Act of 1861 and the Government Contracts and Proceeding Acts, following the directive for such provisions to be within the current principles for fairness and public policy.
Present here were stakeholders in areas of arbitration, insurance companies, government representatives as well as civil society organizations among others.
