Lesotho's Judicial Service Commission (JSC) has released a list of 17 nominees and applicants for eight vacant High Court judge positions, including Ombudsman Advocate Tlotliso Polaki. The list also features High Court and Court of Appeal Registrar Advocate Mathato Sekoai, five acting High Court judges, and several other legal practitioners and magistrates. The JSC will conduct an eligibility screening and background verification before shortlisting candidates for interviews.
Polaki's nomination comes amid her ongoing dispute with the government over her tenure as Ombudsman. Her four-year term expired on June 30, 2026, but she challenged the government's position that her tenure had ended. The Constitutional Court granted her an interim order allowing her to remain in office pending the determination of her case. However, she was locked out of her office, and her security detail was withdrawn.
The JSC's circular makes clear that the names constitute nominees and applicants rather than a final interview shortlist. The Commission will verify academic and professional qualifications, admission to legal practice, professional standing, employment and judicial service history, references, integrity, and ethical standing. The screening process will also include checking for criminal records and possible conflicts of interest.
Polaki's bid for the High Court bench is part of the JSC's efforts to strengthen judicial capacity and improve the disposal of cases. The judiciary is struggling with a growing backlog of cases, and the additional judges will be assigned to various divisions, including Maseru, Leribe, and the newly established Southern Division in Mohale's Hoek.
The opposition has cited Polaki's case as one of several instances where the government has allegedly defied court orders. The dispute escalated into a contempt-of-court issue, with Polaki's lawyers arguing that the interim order had not been implemented. The contempt proceedings were postponed in August due to an issue over whether the Prime Minister had been personally served with the court order.
The JSC has announced that the names of all applicants and nominees received will be published, and successful candidates will be expected to meet the standards of independence, integrity, and quality required of High Court judges. A date for the delivery of the judgment on Polaki's case has not been announced.
The new High Court judges will join a Bench already under pressure from an accumulation of matters. The appointments aim to improve the disposal of cases and strengthen judicial capacity. Polaki's candidacy for the High Court bench adds to the ongoing debate about her tenure as Ombudsman and the government's actions.
Key points
- Lesotho's Ombudsman, Advocate Tlotliso Polaki, has been nominated for a High Court bench position.
- Polaki's nomination comes amid her ongoing dispute with the government over her tenure as Ombudsman.
- The JSC will conduct an eligibility screening and background verification before shortlisting candidates for interviews.
