The Systematic Failure Surrounding Records of Proceedings in the Lesotho Court of Appeal

Abstract

 The integrity of the appellate process hinges on the timely availability of a complete and accurate record of proceedings. Yet, in Lesotho, the preparation and filing of these records in the Court of Appeal has been marred by chronic dysfunction for decades. This article in­terrogates the enduring and institutionalised nature of this problem, one that has persisted unabated since the 1970s and continues to undermine justice to this day. Drawing on juris­prudence, historical analysis and procedural rules, the article exposes the systemic failures that have allowed this problem to fester at the very apex of the judiciary in the country. It attributes shared responsibility to litigants, legal representatives, judges of the High Court, registrars and other relevant court officers, all of whom have contributed, by action or omis­sion, to a pattern of procedural decay. The result is delayed justice, denied appeals, and a crisis of confidence in the superior courts of record. This is more than a technical failing; it is a constitutional scandal. By critically examining how record mismanagement compromises the right to a fair hearing and erodes the authority of the appellate court, this article calls for urgent and radical reform. It makes several key recommendations to address the failures on the part of legal representatives, litigants, court officers and judges – all aimed at uprooting this longstanding plague, and ensuring the integrity, efficiency and accountability of the record-keeping process.