Magistrates deserve protection, dignity and decent working conditions 

THE death threats directed at a Mohale’s Hoek magistrate should compel every institution charged with safeguarding justice in the country to act. No judicial officer should have to report for duty wondering whether an aggrieved litigant will make good on a threat to end their life. Yet this is the grim reality many of our magistrates now face. 

While police investigations into the latest incident must proceed swiftly and thoroughly, it would be a grave mistake to view this as an isolated criminal act. Instead, it is the latest and most visible symptom of a problem that has been festering for years: the neglect of magistrates’ welfare, security and working conditions. Justice cannot flourish where those entrusted with administering it feel abandoned. 

Magistrates are the backbone of Lesotho’s justice system. They preside over thousands of criminal and civil matters every year. For many Basotho, the magistrates’ courts represent the first—and often the only—point of contact with the judicial system. They handle domestic violence cases, attempted murder trials, theft, corruption, maintenance disputes, children’s matters and countless other issues that directly affect people’s lives. 

Yet despite carrying such enormous responsibilities, magistrates continue to work under conditions that are not only inadequate but increasingly dangerous. The concerns they have raised are hardly new. 

For years, magistrates have complained about the lack of official transport, government housing, adequate security, communication tools and appropriate allowances. They say they often travel home using public transport alongside people they would have convicted earlier in the day. Some live in rented accommodation owned by members of the very communities in which they dispense justice. Others have reportedly faced intimidation, harassment and even eviction because of judgments they delivered in court. These are not inconveniences. They are serious threats to judicial independence. 

A judicial officer who constantly worries about personal safety cannot be expected to function with complete peace of mind. Justice requires courage, impartiality and independence. Those qualities become increasingly difficult to sustain when every unpopular judgment carries the possibility of retaliation. The latest death threat illustrates this vulnerability all too clearly. 

The Mohale’s Hoek Magistrates’ Court reportedly lacks even basic security infrastructure such as perimeter fencing. Access to court premises remains largely unrestricted, making it easier for anyone with malicious intentions to approach judicial officers. Such conditions would be unacceptable in any institution dealing daily with convicted criminals and highly emotional disputes. 

The Judicial Officers Association of Lesotho (JOALE) rightly described attacks and threats against judicial officers as strikes against the rule of law itself. When magistrates are intimidated because of decisions made in the courtroom, the entire justice system comes under attack. Judicial independence becomes compromised not only through political interference but also through fear and violence. 

This is why protecting magistrates is not about granting privileges to a select group of public servants. It is about protecting every citizen’s constitutional right to fair and impartial justice. 

The Judiciary deserves credit for acknowledging the seriousness of the problem. According to Judiciary spokesperson, ‘Mabohlokoa Mapikitla, the concerns were raised during the recent Judges and Magistrates Colloquium, where Chief Justice Sakoane Sakoane appealed directly to the Minister of Law and Justice, Richard Ramoeletsi, to intervene and improve magistrates’ security and working conditions. The Chief Justice reportedly repeated the same concerns during the National Dialogue and Accountability Summit, identifying magistrates’ welfare as one of the Judiciary’s major challenges. Recognition, however, is only the first step. What magistrates require now is action. The government must move beyond sympathetic acknowledgements and implement concrete reforms. 

Firstly, magistrates handling criminal matters should receive proper security assessments, with appropriate police protection where risk levels warrant it. 

Secondly, the government should accelerate provision of official accommodation and secure transport for magistrates, particularly those stationed outside Maseru. These are standard protections in many jurisdictions because judicial officers inevitably make decisions that create resentment among convicted offenders. 

Thirdly, court infrastructure itself requires urgent upgrading. Secure perimeters, controlled access points, surveillance systems and trained security personnel should become standard features of all magistrates’ courts. It is astonishing that courts continue operating without basic protective infrastructure. 

Fourthly, remuneration and allowances deserve serious review. While magistrates themselves have repeatedly emphasised that their concerns extend beyond salaries, adequate compensation remains important in recognising the risks and responsibilities associated with judicial office. 

These reforms will undoubtedly require financial resources. Yet the cost of failing to protect judicial officers could be far greater. 

If magistrates begin leaving the profession because they no longer feel safe, recruitment and retention will become increasingly difficult. If judicial officers begin second-guessing themselves out of fear of reprisals, public confidence in the courts will steadily erode. If criminal elements come to believe they can intimidate magistrates without consequence, the rule of law itself will be weakened. None of these outcomes serves the nation’s interests. 

There is also a responsibility that extends beyond government. The public must recognise that disagreement with court decisions does not justify threats or intimidation. Our legal system provides mechanisms for appeal and review precisely because judges and magistrates, like all human beings, may sometimes err. Resorting to violence or threats instead of lawful remedies undermines democracy and weakens respect for legal institutions. JOALE’s reminder that dissatisfied litigants should use legal channels rather than intimidation deserves universal support.  Ultimately, protecting magistrates is about protecting justice itself. 

Every day, these judicial officers make difficult decisions that affect lives, liberty and property. They often do so under immense pressure, with limited resources and little public recognition. The least the nation can do is ensure they have safe workplaces, secure homes and the institutional support necessary to discharge their constitutional duties without fear. 

The latest death threat should therefore become a turning point rather than another forgotten headline. The government, the Judiciary and all stakeholders must seize this moment to implement meaningful reforms. Magistrates should never have to choose between faithfully applying the law and fearing for their own lives. A justice system is only as strong as the people entrusted to uphold it.  

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