Was emotional ruling about judge's struggles necessary?
Publish date: 02 December 2019
Issue Number: 852
Diary: IBA Legalbrief Africa
As Lesotho struggles to maintain the image of an independent judiciary despite constant political interference, that country's Constitutional Court has just delivered an alarming decision. It speaks of the people's complete lack of trust in the courts and of the judges' fear that they cannot properly carry out their constitutional duties. In her 'A Matter of Justice' column on the Legalbrief site, Carmel Rickard says that the matter before the court could have been resolved on other grounds, without the distress, defensiveness and soul-searching so painfully evident in this judgment.