Maseru, Jan. 15—- Advocate Mocheta Makara who is representing Justice Ts’eliso Monapathi in a case in which he is challenging a decision by the Chief Justice to withhold his terminal benefits, says it is not the applicant’s fault that his work was not finished when he retired.
This he said on Thursday when addressing the High Court sitting as the Constitutional Court.
He stated that the courts were understaffed, judges overworked and under-resourced therefore it was difficult for the applicant to finalise all cases before him. He pointed out that the Chief Justice refused to provide the applicant with resources to continue to work as provided for under section 121 of the Constitution.
“Section 121 provides that a judge may continue to be in office after reaching retirement age if there are cases pending before him”, he said.
He pointed out that the applicant has reached his mandatory age of retirement therefore he deserves his benefits. He added that he has a discretion to decide whether to continue to be in office after retirement age or not.
He argued that section 09 of the Constitution protects people against slavery and forced labour. He said the applicant cannot be forced to work without pay as the Chief Justice wanted him to finalise cases pending before him without resources and pay.
Adv. Makara argued that the Chief Justice could have disciplined the applicant or invoked impeachment if he believed he was neglecting his duties. He pointed out that section 151 of the Constitution which talks about the power to withhold pension, was not complied with, adding that the Chief Justice has no powers to withhold the benefits of the applicant.
“A judge is paid to protect the institutional independence of the courts. Terminal benefits of a judge cannot be interfered with by the Chief Justice or anyone else”, said Adv. Makara…
SM/BM
