Hopolang Mokhopi
SUSPENDED High Court judge, Justice ‘Maseforo Mahase, has launched a fresh legal challenge, now seeking to overturn her continued suspension, arguing that it has become unlawful and unconstitutional because the tribunal investigating her conduct failed to complete its work within the prescribed timeframe.
In an application filed before the High Court this week, Justice Mahase contends that her suspension, imposed through Legal Notice No. 152 of 2025 and published on 4 November 2025, automatically lapsed after the expiry of the tribunal’s mandate and in the absence of any lawful extension.
She is seeking a declaration that the suspension has lapsed by operation of law and an order directing authorities to reinstate her to the full exercise of her duties as a Judge, with all rights and privileges restored.
According to court papers, King Letsie III appointed a three-member tribunal through Legal Notice No. 146 of 2025 to investigate whether Justice Mahase should be removed from office. The tribunal was chaired by Justice Mankhambira Charles Ching’anyi Mkandawire and included Justices Sylvester Salufi Mainga and David Mangota. The tribunal was required to submit its findings and recommendations within eight weeks from the commencement of its work, unless the King prescribed another date.
Justice Mahase argues that the tribunal’s work commenced no later than 13 October 2025 and that the eight-week deadline expired on or about 8 December 2025. She maintains that no extension was ever granted.
“The collection and review of my case files by officials at the direction of the second respondent (Chief Justice Sakoane Sakoane), and their delivery to the Tribunal, constitute clear and unequivocal acts of investigation, and therefore mark the commencement of the Tribunal’s work,” she states in her affidavit.
She further argues that because the tribunal failed to submit its report within the stipulated period and no extension was issued, it became functus officio, meaning it could no longer lawfully continue exercising its mandate.
“Once the period for the completion of the Tribunal’s work lapsed without an extension, the Tribunal became functus officio in respect of its investigative mandate, and the legal foundation for the suspension fell away,” she states.
The suspended judge says her continued exclusion from judicial duties and chambers is therefore unlawful.
“The practical effect of the expiry of the gazette is that my office as a Puisne Judge remains fully vested in me with all attendant rights, duties and privileges,” she argues, adding that her continued exclusion from her chambers and judicial functions constitutes an ongoing violation of the Constitution and the law.
Justice Mahase also contends that the prolonged suspension violates Section 121 of the Constitution, which provides the framework for the removal and suspension of judges, and undermines judicial independence protected under Section 118.
“The continued suspension beyond the lawful period undermines the constitutional scheme and violates the letter and spirit of Section 121.
“An unlawful and protracted suspension strikes at the heart of that independence, erodes public confidence in the judiciary, and signals that judges may be kept away from their constitutional functions by executive or administrative fiat without the sanction of the law.”
She further claims that the indefinite suspension has violated her fundamental rights, damaged her reputation and career, and prejudiced the administration of justice by leaving a judicial vacancy that has not been lawfully filled.
“The damage to my reputation, career and constitutional standing is ongoing and irreparable. Only the declaratory and mandatory relief sought can vindicate my rights and restore the constitutional order,” she states in the application.
The dispute marks the latest chapter in an escalating feud between Justice Mahase and her boss, Justice Sakoane, that has simmered for months within the judiciary.
In June 2025, Chief Justice Sakoane accused her of improperly presiding over two urgent matters without formal allocation, allegedly breaching Practice Direction No. 2 of 2024.
At the time, he described her conduct as “unbecoming and subversive of the administration of justice.”
Justice Mahase denied wrongdoing, saying she acted after her clerk informed her that the matters had been allocated to her by the Chief Justice himself.
But in a strongly worded response dated 17 June 2025, Chief Justice Sakoane dismissed her explanation.
“Since when do judges seek clarification from administrative staff on the propriety of dealing with matters they are seized with? Your response is not persuasive. What remains for me is to refer the matter for deeper enquiry by an independent body in terms of Section 121(5) of the Constitution,” he wrote.
Justice Mahase has since last year challenged her suspension as unlawful, irrational, procedurally unfair and unconstitutional. She also wanted the court to review and set aside the Chief Justice’s recommendation that she be suspended and investigated.
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