Administration of the Judiciary Act, 2011
Act 16 of 2011
- Published in Government Gazette no. 57 on 29 July 2011
- Commencement date unknown
- [This is the version of this document from 29 July 2011.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Administration of the Judiciary Act, 2011 and shall come into operation on the date as the Minister may, by notice published in the Gazette, determine.
2. Object of the ActThe object of the Act is to provide for an autonomous and accountable administration of the judiciary, the judiciary service, a budget of the courts and incidental matters.
3. InterpretationIn this Act, unless the context otherwise requires— "Commission" means the Judiciary Service Commission established under section 132 of the Constitution;"Constitution" means the Constitution of Lesotho;"Court" does not include a court-martial or tribunal;"judiciary" means the Court of Appeal, the High Court, the Labour Appeal Court, the Labour Court, the Magistrate Courts, the Judicial Commissioner’s Court, the Central and Local Courts and any other Court established by an Act of Parliament, excluding those established by a disciplinary law;"judicial officer" or "member of the judiciary" means— (a)the President of the Court of Appeal, the Chief Justice, a Judge of the Court of Appeal or of the High Court;(b)a Judge of the Labour Appeal Court, the President and the Deputy President of the Labour Court;(c)the Registrar, Deputy Registrars and Assistant Registrars of the High Court, of the Court of Appeal, of the Labour Court and of the Labour Appeal Court;(d)a Chief Magistrate, Magistrate, Judicial Commissioner, President of a Central or Local Court; or(e)any officer having power to hold or exercise the judicial power of any court."Master" means the Master of the High Court referred to in section 13;"member of staff of the judiciary" means— (a)a Judges’s Clerk;(b)the Master of High Court;(c)the Judicial Administrator;(d)a Clerk of Court in a Subordinate Court, Judicial Commissioner’s Court, Central or Local Court;(e)any other person appointed as a member of staff of the Judiciary."Minister" means the Minister responsible for justice.
Part II – Administration of the judiciary
4. Establishment of the judicial serviceThere is hereby established a judicial service which shall consist of judicial officers and members of the staff of the judicial.
5. The RegistrarThe office of the Registrar of the High Court established under section 5 of the High Court Act 19781 shall continue in existence:Provided that a person shall not be appointed as a Registrar unless the person holds one of the professional qualifications stipulated under the Legal Practitioners Act 19832 qualifying a person to be admitted as a legal practitioner in Lesotho and has held one or other of those qualifications for a period of not less than 5 years.
6. Functions of the Registrar
7. Deputy Registrar
8. Functions of the Deputy Registrar
9. Judicial Administrator
10. Functions of the Judicial Administrator
11. Judges’ ClerksThere shall be Judges’ Clerks who shall be appointed by the Judicial Service Commission:Provided that a person shall not be appointed as a Judges’s Clerk unless he holds one of the professional qualifications stipulated under the Legal Practitioners Act 1983 qualifying him to be admitted as a legal practitioner in Lesotho.
12. Functions of Judge’s ClerkThe functions of a Judge’s Clerk shall be—
13. Master of the High Court
14. Functions of the Master
15. Appointment of members of staff of the judiciary
16. Disciplinary powers of the CommissionThe Commission shall have the power to—
17. Funds of the judiciaryThe funds of the judiciary shall consist of such moneys as may be appropriated by Parliament for the purposes of the judiciary.
18. Financial year of the judiciaryThe financial year of the judiciary shall be the period of 12 months ending on the 31st March in each year.
19. Accounts of the judiciaryThe Registrar shall cause to be kept proper books of accounts and other records relating to the accounts of the judiciary which shall be annually audited by the Auditor-General and submitted to Parliament in accordance with the Audit Act 19735.
20. Annual report of the judiciary
21. Appropriation and expenditureAppropriation and expenditure in respect of the judiciary shall, until such time as due appropriation is made for the purposes of section 17, be effected and dealt with in the same manner as before the commencement of this Act.
Part III – Ethical Principles for the judiciary
22. Ethical Principles for the judiciary
Part IV – Miscellaneous
23. Judicial precedenceJudges of the Court of Appeal, of the High Court, of the Labour Appeal Court, Magistrates and judicial officers of other Subordinate Courts other than the President of the Court of Appeal, the Chief Justice, the President of the Labour Court, the Chief Magistrate, the Presidents of the Central and Local Courts, shall rank according to the date on which they were appointed.
24. Judicial Inspectorate
25. Advisory committees
26. DelegationThe Commission may, save for powers to appoint, promote, discipline, terminate and remove from office, delegate any of its powers to a member of staff of the judiciary.
27. Capital expenditure on propertyPursuant to section 118 of the Constitution, the Government shall provide all such assistance as the courts may require.
28. Transitional arrangements for members of staff of the judiciary
29. RegulationsThe Chief Justice may make regulations generally for giving effect to the provisions of this Act.
History of this document
Cited documents 1
Documents citing this one 4
- AG v Registrar of the High Court and Others (CIV/APN; CRI/T 305)  LSHC 8 (17 September 2019)
- Chalatse and Another v The Acting Chief Justice and Others (C of A CIV 63 of 2014)  LSCA 19 (7 August 2015)
- Sekoai v Judicial Service Commission (CIV/APN 347 of 13)  LSHC 112 (13 December 2019)
- The Attorney General v The Registrar, High Court/ Nyakane v Director of Public Prosecution (CIV/APN 305 of 19)  LSHC 49 (17 September 2019)