Mahase suffers legal blow

SUSPENDED High Court Judge, ’Maseforo Mahase, has suffered an early setback in her attempt to overturn her suspension, as the High Court declined to treat her application as urgent.

Justice Sekake Malebanye struck her constitutional application off the urgent roll on the 24^th of this month, ruling that there was no justification to fast-track the case. Justice Mahase — suspended on 4 November 2025 — approached the court seeking to stop what she describes as an unlawful and unconstitutional suspension.

Through her lawyer, Advocate Katiso Nhlapo, Justice Mahase argued that the matter should be heard urgently because it raises constitutional questions central to the rule of law. Chief Justice Sakoane Sakoane, His Majesty King Letsie III, Justices Mkandawire, Mainga and Mangota, the Judicial Service Commission, and Attorney General Rapelang Motsieloa are cited as respondents.

Advocate Nhlapo told the court that the matter concerns the lawfulness of suspending or removing a High Court judge and therefore requires swift intervention.

However, Advocate Rudie Cronje, representing the respondents, countered that they had not been given sufficient time to prepare, having only received the papers on the 20^th of this month. He further argued that the matter was not urgent.

When the two sides failed to agree on whether the matter warranted urgency, Justice Malebanye temporarily stood the case down to allow further consultation.