Justice Tšeliso Monaphathi Sues Chief Justice in Legal Battle Over Withheld Terminal Benefits

A dramatic legal standoff is unfolding at the heart of Lesotho’s judiciary as former High Court judge Tšeliso Monaphathi takes Chief Justice Sakoane Sakoane to court over what he claims is an unlawful and unconstitutional decision to withhold his terminal benefits.

Justice Monaphathi, who retired in 2024 after more than three decades on the Bench, has filed a court application naming five respondents: Chief Justice Sakoane, the Prime Minister, the Judicial Service Commission, the Attorney General, and the Defined Contribution Pension Fund. At the centre of his legal challenge is Chief Justice Sakoane’s directive that Monaphathi’s terminal dues be suspended until he has completed a substantial backlog of pending cases.

According to High Court Circular No. 6 of 2025, Justice Monaphathi left behind 107 unfinished matters—84 reserved judgments and 18 part-heard cases. However, Monaphathi argues that the Chief Justice’s decision to tie the release of his benefits to the resolution of these cases is not only ultra vires (beyond his legal authority), but also in direct violation of Section 118(2) of the Constitution, which guarantees the independence of the judiciary.

In his court papers, Monaphathi insists that compelling him to complete outstanding cases before receiving his dues amounts to interference with judicial independence. “The Chief Justice has no legal basis to delay my entitlements. This directive undermines the autonomy guaranteed to judges under the Constitution,” he argues.

Justice Monaphathi is also calling on the court to reinstate his full judicial privileges—such as access to a government-issued vehicle, office space, computer, and clerical support—claiming that these are necessary for him to complete any outstanding judicial duties, if required. “This is not a privilege—it’s a necessity for fulfilling my professional responsibilities,” he stated.

However, in a move that further complicates the legal wrangle, High Court Registrar Advocate ’Mathato Sekoai has announced that all cases formerly under Monaphathi’s docket will be reallocated to other judges and start afresh. This administrative directive effectively nullifies the need for Monaphathi to return to the bench, calling into question the rationale behind withholding his retirement benefits.

Legal experts say the case could set a precedent in how Lesotho handles unresolved workloads of retiring judges and clarify the limits of authority within the judiciary. The matter also raises broader constitutional questions about post-retirement obligations and whether such directives infringe on judicial independence.

Justice Monaphathi is represented by Adams Attorneys. As the legal proceedings continue, the case has ignited nationwide debate over accountability, judicial privilege, and the separation of powers in Lesotho’s legal system.