Maseru- In a world where access to justice remains a challenge, persons with disabilities often face even greater barriers. The International Commission of Jurists (ICJ) has launched a new report assessing access to justice for persons with disabilities in Lesotho.
The report, “From Exclusion to Equality: Advancing Access to Justice for Persons with Disabilities in Lesotho”, reviews the country’s legal reform processes and underscores the need for sustained advocacy.
For many years, people with disabilities in Lesotho have endured systemic discrimination in seeking justice, rooted in outdated laws, practices, and the lack of reasonable accommodations.
Her Ladyship Judge Itumeleng Shale noted that, “In a world where access to justice is reserved for only a few, it can never be a just world.” She highlighted persistent challenges, including physical inaccessibility and lack of facilities.
“I work where I have to climb more than 60 staircases to reach the court. Physical inaccessibility remains one of the biggest challenges,” she said, further pointing out that the newly built Tšifa-li-mali Court has an elevator that has never worked. Judge Shale also cited cases where persons with disabilities, such as an accused person with hearing impairment and a key witness who is blind, faced immense hurdles in participating in proceedings.
She stressed that courts are the last resort of the people and must therefore be enabling and inclusive.
Echoing these concerns, Kaajal Ramjathan-Keogh, Director of the ICJ’s Africa Programme, stated:
“As things stand, Lesotho’s laws still contain discriminatory provisions that deny people with intellectual or psychosocial disabilities the right to participate fully in criminal proceedings. Courts can declare such persons ‘insane’ or mentally incapacitated, leading to forced detention or institutionalisation, often for prolonged or indefinite periods. This is devastating for the persons affected.”
Although the 2021 Disability Equity Act and the 2023 Disability and Equity (Procedure) Rules issued by the Chief Justice represent progress, Ramjathan-Keogh emphasized that discriminatory provisions remain. “Authorities missed an opportunity to repeal or reform all of these provisions when drafting the Disability Act and the Procedure Rules. These omissions must now be corrected through new initiatives,” she said.
Advocate Sefuthi, Director General for Persons with Disability, welcomed the report, saying it will strengthen the work of the newly appointed Persons with Disability Advisory Council. “The findings provide research-based evidence that will guide our work in advising government and handling complaints. This will also help us address unreported cases, as people with disabilities often fear not being heard and end up not reporting.”
The report cites the landmark case of Koali Moshoeshoe vs Director of Public Prosecutions. In that case, the prosecuting authority declined to pursue charges after Moshoeshoe, who alleged he was sexually assaulted, was deemed incompetent to testify because of his disability—though the judgment did not specify which disability.
The Independent Democratic Association of Lesotho (IDAL), which supported Moshoeshoe’s case, reported that more than 30 similar cases have emerged since then, with about half resolved. The organisation noted that while more people are now coming forward, many cases remain underreported, often due to financial constraints.
At the heart of Moshoeshoe’s case was a challenge to Section 219 of the Criminal Procedure and Evidence Act of 1981, which refers to people with intellectual or psychosocial disabilities as “idiots” or “lunatics” and deems them unfit to testify in criminal proceedings.
The ICJ report comes amid broader legislative progress. Notably, the 10th Amendment to the Constitution of Lesotho officially recognises sign language, marking a significant step towards inclusion and equality.
