Judge refuses to recuse herself

MASERU – JUSTICE ‘Maliepollo Makhetha has refused to recuse herself from a case in which 10 Principal Secretaries are challenging the government’s decision to terminate their contracts.

The government’s lawyers had asked Justice Makhetha to recuse herself, arguing that she had an interest in the matter because of the statements she had made when the principal secretaries filed their application.

While dismissing the recusal application, Justice Makhetha said there was nothing wrong with the comment she made as she kept on saying “as alleged” not giving her own opinion as it was stated in the application.

She argued that the criticism against her by the crown lacked merit because the government had misinterpreted her statements.

Justice Makhetha said the applicant failed to provide evidence as to why she had to recuse herself.

“The applicants still have to convince the court why they want my recusal,” she said.

She however said since she was a judge on call, she will not deal with the main case as it still needs to be allocated to another judge.

Justice Makhetha said she will only deal with the reliefs of the case.

The government’s application for the judge’s recusal was triggered by the statements she made in the initial hearing of the principal secretaries’ case against the government.

The government’s legal team were unhappy that she said the Principal Secretaries’ rights were violated by Prime Minister Sam Matekane.

Responding to the government’s argument that the case should be heard in the Labour Court, the judge said the High Court was the right court to hear the case because the applicants could not suffer more prejudice.

Justice Makhetha said the Principal Secretaries have a right to protect their rights.

“The applicants cannot wait any longer for them to suffer irreparable harm for a subsequent cause of violating their rights,” she said.

Advocate ‘Mateboho Tohlang-Phafane, on behalf of the government, angrily told Justice Makhetha that she has to recuse herself from the case.

She said Justice Makhetha’s ruling showed that she had already made a decision.

“My Lady, you have given us a review that you have already ruled in favour of the applicants,” Advocate ‘Mateboho Tohlang-Phafane argued.

“You kept on saying the applicants cannot wait any longer to suffer irreparable harm, the respondents have violated their rights, it is not fair for the applicants to wait longer and allow them to suffer,” she said.

Adv Tohlang-Phafane said Justice Makhetha was no longer fit to hear the matter hence she should recuse herself and allocate the case to another judge.

She argued that this case needs a fair hearing and they no longer trust the presiding judge.

Advocate Christopher Lephuthing, the principal secretaries’ lawyer, argued that it was unprofessional for the lawyer to humiliate the judge in that way.

He said if Adv Tohlang-Phafane was not satisfied with the ruling, she could have asked to see the judge in Chambers and not humiliate her in an open court.

“This is not good behaviour, in fact we are continuing with this case,” he said.

When asked by the presiding judge to meet her in Chambers, Adv Lephuthing refused, arguing that the judge had already been humiliated so he could not stand to go and watch her get humiliated again.

‘Malimpho Majoro