PALI LEHOHLA |Justice Mahapela Lehohla gets his flowers

Corruption, both domestic and global, eats at the soul of nations.

A seminal judgment was made against Acres International of Canada in September 2002 which found former boss of the Lesotho Highlands Development Authority, Masupha Sole, guilty of receiving bribes from the company. Sole was sentenced to 18 years in jail. This happened in a country no-one knows of, according to MAGA mega-maniac Donald Trump.

On its 80th anniversary, the National University of Lesotho marked its remarkable history when His Majesty and chancellor Letsie III conferred an honorary doctorate on Lesotho’s former chief justice Mahapela Lehohla.

Lehohla presided over the landmark Acres bribery case — The Crown v. Acres International (2002) — and it defined his tenure.

Acres International, a major Canadian engineering firm, was accused of bribing Sole through secret Swiss bank accounts. The company argued it was unaware that its local agent was funneling money to Sole.

In a meticulous and damning judgment, Lehohla rejected this “rogue agent” defence, ruling it “defied common sense” that the company was ignorant of the payments. He found Acres International guilty of corruption.

This ruling was monumental. It was one of the first times a major multinational corporation from the “Global North” was successfully prosecuted and convicted for corruption in a court in the “Global South.”

The judgment, which led to the World Bank debarring the firm, sent shockwaves through the international development community and established Lehohla as a jurist of unshakeable integrity.

Lehohla intellectually was born of three countries separated by invasion of their lands by Afrikaner-cum-British colonialists, but remained united intellectually and wholly embraced the victims of apartheid.

The Free State, North West and Mpumalanga were once Lesotho, Botswana and Eswatini. Perhaps united by common colonial history, these countries that once shared borders with Lesotho formed a unified educational institution that served as a catalyst for human resources development and a hotbed of political consciousness in Southern Africa. Lecturers from Zimbabwe especially, and students from South Africa and Zimbabwe trained at this institution.

On October 31 the National University of Lesotho became an octogenarian. Constituted in 1945 as Pius XXI College, it metamorphosed with political changes and in this regard mirrored the independence movement. In 1964 it became the University of Basutoland, Botswana and Swaziland (UBBS). Upon successive moments of independence of these countries it assumed the name of the University of Botswana, Lesotho and Swaziland (UBLS) in 1966.

During his tenure as chief justice, Lehohla ushered in a new era of judicial reform and innovation.

—  Citation of the award

Nine years later, in 1975, the government of Lesotho decided to unilaterally establish the National University of Lesotho (NUL). This disruptive move prompted Botswana and Swaziland to establish universities in their own countries. The rupture was painful especially for Botswana, which had not developed much by way of colleges.

However, the filial ties that united these countries through their precolonial contiguous borders remained strong. The NUL student body in 1977 visited the newly formed University of Botswana. With the passage of time the UBLS students formed the UBLS Association with chapters in Eswatini, Botswana, Lesotho and South Africa. The student body continued to commune in sports.

The citation of the award of doctorate honoris read thus:

“Honourable Justice Lehohla was appointed as a judge of the high court of Lesotho in 1986, marking the beginning of a distinguished judicial career characterised by integrity, intellect and an unwavering commitment to the rule of law. In 2002, he ascended to the highest judicial office in the land, becoming the chief justice of the Kingdom of Lesotho, a position he held with great honour and dedication until 2013.

During his tenure as chief justice, Lehohla ushered in a new era of judicial reform and innovation. Among his many enduring contributions was the establishment of the Lesotho Legal Information Institute (LESLII) — an online repository of legal resources that remains an invaluable cornerstone of legal scholarship and practice. Through LESLII, the laws of Lesotho, judicial decisions and academic writings were made readily accessible to law students, practitioners and judicial officers, thereby strengthening the culture of transparency and knowledge within the legal fraternity.

Lehohla also transformed the administration of justice through the introduction of the Individual Docket System in the superior courts. This groundbreaking reform continues to serve the judiciary to this day, having significantly expedited the hearing of cases and reduced the backlog that once burdened the courts. Furthermore, the system enhanced judicial accountability and efficiency, ensuring that judicial officers uphold the highest standards of diligence and responsibility in the dispensation of justice.

A man of wisdom, vision and humility, Lehohla’s legacy endures in the strengthened institutions and principled traditions of Lesotho’s judiciary. His stewardship stands as a testament to a lifetime devoted to justice, service and the advancement of the rule of law

A legacy of reform and judicial independence

Among the many milestones of justice Lehohla’s illustrious tenure was the introduction of the Judges’ Clerks system, a pioneering initiative that enhanced the intellectual and administrative efficiency of the courts. Under this system, each judge was assigned a dedicated clerk — an assistant responsible for conducting legal research, preparing draft judgments and providing vital scholarly support to the bench. This innovation not only improved the quality and timeliness of judicial output but also served as a crucial training ground for young legal minds, thereby nurturing the next generation of jurists in Lesotho.

Lehohla was also a staunch defender of judicial independence, in principle and in practice. His judicial pronouncements consistently reflected a deep reverence for the separation of powers, and his leadership ensured that the judiciary maintained its dignity and autonomy as a co-equal arm of the state. His visionary efforts culminated in the enactment of the Administration of Judiciary Act 2011 — a landmark piece of legislation that formally secured the judiciary’s institutional independence from the executive and legislative branches. This act stands as one of the most enduring testaments to his commitment to upholding the rule of law and strengthening the foundations of constitutional democracy in the Kingdom of Lesotho.

In his pursuit of excellence, Lehohla also revived and institutionalised the conferment of the status of King’s Counsel in accordance with the 1993 Constitution. This honour, bestowed upon advocates of exemplary skill, integrity and service, reaffirmed the prestige and ethical standards of the legal profession.

Lehohla’s reforms extended beyond institutional governance to encompass judicial innovation. He oversaw the establishment of a fully-fledged Commercial Court, recognising its essential role in fostering investor confidence and supporting Lesotho’s economic development. In addition, he introduced the court-annexed mediation procedure in the high court and the small claims procedure in the magistrates’ courts — both designed to enhance access to justice, expedite dispute resolution, and promote efficiency in the delivery of judicial services.

Through these visionary reforms, Lehohla redefined the administration of justice in Lesotho, embedding within it principles of efficiency, independence and fairness that continue to guide the judiciary to this day. His tenure remains a beacon of transformative leadership, grounded in wisdom, foresight and an unshakable devotion to justice.”

Dr Pali Lehohla is a professor of practice at the University of Johannesburg, a research associate at Oxford University, and a distinguished alumni of the University of Ghana. He is the former statistician-general of South Africa